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Principal buildings that are comprised of retail/office uses, mixed-use (retail/office/residential), nursing homes, or assisted living facilities shall have height characteristics set forth as number of stories in Schedule 1281.09.
SCHEDULE 1281.09 Building Heights | |||||
TCD - 1 | TCD-2 | TCD-3 | TCD-4 | TCD-5 | |
Minimum | 2 | – | – | 2 | 2 |
Maximum | 4 | 3 | 2 | 4* | 3** |
* Any development within 100 feet of existing single-family residential zoning district shall have no more than two stories and shall be free-standing detached units ** Any development within 115 feet of existing single-family residential zoning district shall have no more than two stories and shall be free-standing detached units |
(Ord. 04-169. Passed 10-13-04; Ord. 16-113. Passed 9-6-16.)
The minimum area of dwelling units shall comply with the requirements set forth in Section 1270.19. For nursing homes and assisted living facilities, the size of resident units shall comply with licensing requirements in OAC 3701, or other relevant licensing rules or regulations, and need not comply with Section 1270.19.
(Ord. 04-169. Passed 10-13-04; Ord. 16-113. Passed 9-6-16.)
Parking and driveways shall be permitted as an accessory use in accordance with the standards and regulations of Chapter 1282 except as further regulated herein.
(a) The parking required in a TCD may be provided in surface parking lots, enclosed garages or structured parking decks.
(b) Parking for residential uses shall be provided at a rate of 2-1/4 spaces per dwelling unit.
(c) The required parking for retail and offices shall be 4 spaces per 1,000 square feet of floor area and 3 spaces per 1,000 square feet of floor area respectively.
(d) Notwithstanding the requirements set forth in this division (d), for a proposed development in the TCD-4 and TCD-5, the Planning Commission may modify the parking required, and in such a case shall determine the amount of parking needed, taking into account the hours of operation of uses, the overlap in parking demand by different adjacent uses and the types of uses proposed.
(e) On-street and curbside parking may be permitted by the Planning Commission and Council to a maximum of 10% of the required parking.
(f) Parking for nursing homes and assisted living facilities shall be provided as required in Chapter 1282.
(Ord. 04-169. Passed 10-13-04; Ord. 16-113. Passed 9-6-16.)
(a) Individual businesses located within the TCD shall have signs in accordance with sign criteria set forth in Section 1284.09
(b) Nonresidential developments proposed in TCD-4 and TCD-5 Subdistricts shall submit a sign plan along with the proposed development plan which shall have to be approved by the Planning Commission.
(c) Notwithstanding Chapter 1284, development plans for TCD-4 and TCD-5 may plan for monumental entrances into developments.
(Ord. 04-169. Passed 10-13-04.)
The following planning guidelines are established to guide the planning, development and use of the land in a TCD.
(a) Buildings shall be located near the street in a TCD-1 Subdistrict.
(b) Sites located in TCD-1, TCD-2 and TCD-3 Subdistricts shall have a landscaped area along the front property lines with sidewalks connecting to adjacent parcels and coordinated site elements i.e., paving, lighting fixtures, outdoor seating, canopied trees, pedestrian gathering areas, signage and landscaping that is cohesive with the architecture of the existing structures and that of a traditional town center.
(c) New nonresidential developments in TCD-4 and TCD-5 Subdistricts shall be designed to:
(1) Maximize building design relationship to existing or new development on existing street frontage.
(2) Concentrate the new buildings along a newly constructed main street (whether public or private).
(3) Have a strong building massing and pedestrian connections with adjacent residential development.
(4) Encourage an intensity of development (floor area per acre) that requires the use of decked or garage parking.
(d) The vehicular and pedestrian circulation system and parking facilities shall be designed to provide safe movement throughout the district. Parking areas shall be limited in size, enclosed and/or screened so as not to dominate the areas between buildings. Lighting of drives, sidewalks and parking areas shall be adequate to provide safety but shall be at the heights to be determined by the Planning Commission and approved by Council in the development plan and low in brightness so as not to glare off the property or create "hot spots" of light. Driveways for group developments and local streets shall be connected to major streets at limited locations where traffic can be controlled and operated efficiently with minimum interference to the capacity of existing streets. The Planning Commission and Council shall determine the number and location of street and drive connections to any existing street.
(Ord. 04-169. Passed 10-13-04.)
(a) In compliance with the principles set forth in Section 1281.13, the plan may include a variety of building arrangements i.e. bulk and shape of the buildings, open space and landscape features. The buildings may be arranged in various groups, courts or clusters with open spaces related to the buildings so as to provide privacy and form a unified composition of buildings and open spaces. While flexibility in design is encouraged, the following design guidelines shall be incorporated in the final development plans:
(1) The adjoining properties shall be protected from loss of light and air because of the proximity or location of buildings. Buffering shall have maximum opacity with a minimum height of six feet at the time of installation. Such buffer, approved as part of the development plan, may include: fencing, walls, mounds, vegetation (existing or new) or any of these combinations.
(2) Parking areas and spacing of garage doors shall be designed to lessen the visual impact and limit the concentration of blank walls, garage doors and large paved areas.
(3) Landscaped areas, screen walls, decorative fences, earthen mounds, hedges, mature trees and other landscape features shall be used throughout the district to separate uses and buildings within the district from areas outside the district. Existing wooded areas shall be preserved where possible and existing trees which cannot be preserved shall be relocated on the site where feasible.
(b) Mixed use development shall be pedestrian-oriented with first floor retail storefronts, curbside parking where appropriate, pedestrian plazas, and shall include other features such as decorative street furniture, landscaped streets and walks, weather-protected walkways, outdoor seating, bicycle facilities including paths and parking, decorative pavement to indicate pedestrian areas and crosswalks, traffic calming measures, transit accommodation and signage that is compatible with the building architecture and pedestrian scale.
(c) Walls of nonresidential buildings shall comply with the following:
(1) When the wall of a retail or mixed use building faces a public right-of-way, or parking area, or is within 45 degrees of facing a public right-of-way, a minimum of 50% of such wall area, on the ground floor, shall have display-type windows. The bottom edge of such window shall not be higher than three feet above grade. A maximum of 20% of such windows may be opaque.
(2) Walls shall have no more than 20 feet of contiguous wall length devoid of windows, on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays or an undulation of the building, so that a pedestrian scale, rhythm and visual interest is created.
(3) Walls that meet the following criteria shall be exempt from the requirements of division (c)(2) of this section:
A. Two walls face one another, are separated by not more than 30 feet and the space between the two walls is used for servicing the buildings; or
B. The wall faces an area devoted solely to loading and delivery and the wall is screened from view from all public rights-of-way, parking areas and abutting residential areas.
(d) Canopies and/or awnings may project from a building face and may extend or be within one foot of the back of a curb. Open arcades providing cover over sidewalks in front of buildings may extend to within five feet of a street curb.
(e) Buildings in the district and those constructed in phases shall be harmonious in design, exterior materials and color so as to provide a coordinated architectural design for the development area.
(f) All enclosed parking spaces shall have a permanent roof, continuous foundation and concrete floor. The exterior wall shall be designed with finished exterior materials, decorative walls, landscaping, and minimum wall openings in order to be consistent with the objectives of this chapter and to adequately screen the view of parked cars within the garage from the adjacent properties and public areas within the development.
(g) Roofs at grade, with ground cover, landscaping, recreation facilities or landscaped patio for underground parking may count as part of the required open space.
(h) To avoid the appearance of an institutional use, nursing homes and assisted living facilities should be designed in a manner that breaks down the mass of building(s). Where this is not possible, facade treatment, exterior detailing and landscaping should be provided to relieve extensive blank surfaces.
(Ord. 04-169. Passed 10-13-04; Ord. 16-113. Passed 9-6-16.)
The following design standards shall apply to all development in the district:
(a) Developments shall be designed to utilize the natural contours of the land, economize in the construction of utilities, reduce the amount of grading, and to maximize the conservation of trees and topsoil. Utility service including gas, water, sewers, electric, cable and telephone, shall be installed underground in compliance with appropriate City ordinances.
(b) Retention basins, if required, shall be designed to be an integral part of the development and as an amenity to the residents. Depths of basins shall be shallow and side slopes of such basins shall be less than 3 to 1. The borders of retention basins shall have natural or curvilinear shapes and shall be planted with grass and trees to blend in with the landscape features of the development.
(c) In the planning of single-family cluster and townhouse developments, land should be provided for private outdoor use of the occupants at such locations as entrances or garden sides of the dwellings.
(d) The common land shall be readily accessible and of such shape and size to be usable for recreation, open space and landscaping. The integrity of the common open space shall be guaranteed from further division and/or use through deed restrictions or covenants. Common lands and required buffering shall be further maintained by the owner or through a homeowners association and/or condominium association.
(e) Any streets serving more than 100 dwellings, dwellings of different types or nonresidential uses shall be dedicated public streets unless otherwise approved by the Planning Commission and Council. Private street pavements shall be constructed to City standards for public streets unless a different standard is approved by Council. All private streets shall be within an easement granted to the City for access. All private streets shall be owned and maintained by the landowner or condominium association.
(f) Parking lots shall be screened from adjacent residential uses and public streets with dense evergreen hedges or trees and/or earthen mounds or other effective screening as approved by the Planning Commission.
(g) All roofed surfaces shall be provided gutters and downspouts connected to an approved storm system.
(h) All driveways and parking areas shall be designed and constructed with positive drainage with catch basins.
(i) All driveways and parking areas serving more than four dwelling units shall have concrete rolled or barrier curbs defining the limits of the paved areas. Sidewalks shall be provided to all dwelling units connecting the dwelling to the required parking spaces and to the public streets.
(j) Trash storage containers shall be enclosed with a six-foot high masonry wall on three sides with a closable door. Trash enclosures shall be screened with landscaping, located not less than six feet from any frame building and provided a concrete pad and apron adequate to support collection vehicles.
(Ord. 04-169. Passed 10-13-04.)
(a) Survey or engineering drawing of the development area to be developed;
(b) Permanent parcels including parcel numbers and dimensions of all parcels or portions contained in the proposed district;
(c) Location and number of dwellings by dwelling type in each area, acreage of each area and densities in each area of the district;
(d) A site plan depicting location, arrangement of all proposed nonresidential buildings and related parking;
(e) Preliminary building design;
(f) Preliminary site landscaping and site amenities plan. Site amenities included walkways, plazas, "street furniture" and lighting;
(g) Location of existing and proposed public roads, private streets, parking and circulation;
(h) Minimum peripheral setbacks around the perimeter of the district;
(i) Plans and/or cross-sections depicting how the buffering and screening requirements of this chapter will be satisfied;
(j) Location of all existing structures on the property which is subject of the application and any structures within 100 feet of the boundary of the proposed application;
(k) The plan shall include a documentation that phases of construction for nonresidential development will occur in a manner that rationally expands the TCD character that is consistent with the goals of the Master Plan and does not result in isolated fragments;
(l) Location, type and size of any easements, covenants, deed restrictions or other restrictions proposed or recorded;
(m) Such other relevant information as the Planning Commission may require.
(Ord. 04-169. Passed 10-13-04; Ord. 06-73. Passed 7-18-06; Ord. 16-113. Passed 9-6-16.)
(a) A final development plan for TCD-4 and TCD-5 developments shall be submitted and approved prior to the application of building permits. The procedure and requirements for the final development plan shall be as provided in Section 1281.19. The final development plan may be phased for portions of the development area within the preliminary development plan approved by Council. Each phase of development shall contain all necessary improvements to support that phase including but not limited to: utilities, retention, access, fire protection, parking, lighting, landscaping, buffering and required trees. Each phase shall also comply with all other codes and ordinances of the City to the extent not expressly modified by the specific terms contained in this section of the Codified Ordinances.
(b) In the TCD-4 and TCD-5 Subdistricts, the applicant shall also prepare and submit for approval by the Planning Commission in accordance with Section 1281.19, a Design Manual to establish the architectural design specifications and general design guidelines for the entire TCD proposed. The Design Manual shall include, but not be limited to, and shall provide examples of, architectural style of buildings, design features, exterior finish materials of buildings, basic design of streets, street furniture and fixtures, lighting specifications, general landscaping design, sidewalk and pedestrian plaza design criteria and other design elements of the development.
(c) For projects that do not require a preliminary or final development plan according to 1281.16 or 1281.17(a), a site development plan shall be prepared by the developer and shall be submitted to the Planning Commission for review and approval pursuant to Chapter 1220.
(Ord. 04-169. Passed 10-13-04; Ord. 06-73. Passed 7-18-06; Ord. 16-113. Passed 9-6-16.)
(a) Application; Preliminary Plan of Development Area. With regard to Traditional Town Center/Main Street District development, the developer shall follow the requirements of this chapter and section. Twenty-four copies of the required plans shall be submitted to the Secretary of the Planning Commission and a public hearing shall be held. A developer shall also follow the Subdivision Regulations found in Title Four, Chapters 1240, 1242, 1244, 1246, and 1248 and first make application to the Planning Commission. “Sketch plan,” “preliminary plan” and “final plan” shall have the same meaning as found in Chapter 1244. Plans may be submitted, however, only on behalf of a single owner of the parcel or a group of owners of the land included therein who are acting jointly. The plan of the development area shall indicate all uses proposed for the TCD area, and the location and arrangement of uses, and shall include, unless waived by the Planning Commission as not being applicable, the following:
(1) The topography, at two-foot contour intervals, of the proposed development area, including permanent parcels with parcel numbers and dimensions of all parcels or portions contained and adjacent to the development area, property lines, easements, street rights-of-way and existing structures, trees and landscape features existing thereon, and a certificate, by a registered engineer, architect or surveyor, of the gross area of the development area in acres and square feet;
(2) The proposed vehicular and pedestrian traffic patterns, including the proposed location and design of public and private streets; the directional flow and location of existing and proposed storm and sanitary sewers and sewers connecting with existing or proposed Municipal interceptor, outlet or trunk sewers outside of the development area; the location and design of parking and service areas; and an estimate of traffic volumes to be generated, including the assignment of traffic to proposed entrances and exits;
(3) The proposed assignment of use and subdivision of all land, including private land and common land, with a certificate by a registered engineer or surveyor of the gross area of each use of the development area in acres and square feet;
(4) 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 200 feet thereof;
(5) The proposed forms of covenants running with the land; deed restrictions, including those with respect to the use of the common land; covenants, restrictions or easements proposed to be recorded; and covenants proposed for maintenance;
(6) A schedule of construction and cost estimates for the completion of the development, including all public and private improvements in the development area; and
(7) Wetlands plan approved by the Army Corps of Engineers and Ohio EPA.
(8) Such other relevant information as the Planning Commission may require.
The plan of a development area shall be prepared by professional persons qualified in the planning of land development, traffic engineering and building and landscape design. Specifically, the architectural and engineering services required for the preparation of the plan shall be rendered by licensed professional persons, and the landscape and area planning and design shall be provided by persons who only provide professional advice and services.
(b) Referral for Review and Reports. Upon receipt of a preliminary plan of a development area, the Secretary of the Planning Commission shall transmit a copy of the preliminary plan to the City Engineer, Planning Commission, Mayor, Building Commissioner, Fire Department, Police Department, Economic Development Director, Council, Director of Legislative Services, Law Director and City Planner (or a planning consultant) for their review, report and recommendations. The Secretary shall also transmit a copy of all covenants, restrictions and easements to be recorded, and covenants for maintenance, to the Law Director for his or her review, report and recommendation. The Law Director, City Engineer, Building Commissioner, Police Department, Fire Department, Economic Development Director and City Planner (or a planning consultant) shall each, within 30 days from the date of receiving a preliminary plan of the development area, provide and furnish to the Planning Commission Secretary a report upon their respective jurisdictions. The Planning Commission Secretary shall distribute copies of the reports to; Planning Commission, Mayor, Council, City Engineer, City Planner (or a planning consultant), Building Commissioner, Fire Department, Police Department, Economic Development Director, applicant, and one copy shall be filed with the Director of Legislative Services, who shall maintain such copy open to public inspection.
(c) Report to Council.
(1) Within 60 days after a preliminary plan has been filed with the Secretary, the Planning Commission shall evaluate the plan and reports required under this section, and it shall furnish to the Council its detailed report and recommendation with respect thereto.
(2) The report of the Planning Commission shall include either a finding that the preliminary plan complies with the regulations, standards and criteria prescribed by this chapter for Traditional Town Center development areas applicable to the proposal, or a finding of a failure of such compliance, and shall recommend that the preliminary plan be approved, disapproved or modified. If, in any such evaluation, the Planning Commission finds that any regulations, standards or criteria prescribed by this chapter are inapplicable because of unusual conditions of the development area, or the nature and quality of the proposed design, it may recommend to Council that an adjustment in such regulations, standards or criteria be made, provided that such adjustment will not be in conflict with the promotion of the public health, safety and general welfare of the Municipality.
(3) The report of the Planning Commission, shall be filed with the Director of Legislative Services for submission to Council, Mayor, Law Director, City Engineer, City Planner (or a planning consultant), Building Commissioner, Fire Department, Police Department, Economic Development Director and Planning Commission.
(d) Action by Council.
(1) Council, at its next regular meeting following receipt of the Planning Commission report and recommendations, shall set a date for a public hearing on the preliminary plan of the development area, including the report of the Commission thereon, and shall give at least 15 days notice of the time, place and purpose of such hearing, by publication in two newspapers of general circulation in the City.
(2) Following the public hearing, Council shall either approve, disapprove or modify the preliminary plan. Council may affirm by majority vote any of the Planning Commission's recommendations or may disapprove a favorable recommendation of the Planning Commission by a majority vote of its members. If Council reverses a recommendation of the Commission recommending disapproval of a preliminary plan, it shall do so only by the affirmative votes of not less than two-thirds of its members.
(e) Authority to Proceed.
(1) Following approval by Council, the Director of Legislative Services shall notify the City Engineer, Building Commissioner, and the developer of such action. The developer shall be permitted to proceed with construction of the subdivision improvements in accordance with Chapters 1242, 1244, and 1248. The developer is not eligible for building permits until completion of any and all subdivision improvements as outlined in Chapters 1240 through and including Chapter 1248.
(2) The final development plan shall be in substantial accordance with the preliminary development plan and shall comply with the following:
A. All the conditions imposed by Council in the approval of such preliminary development plan.
B. Be in conformance with all of the design standards and criteria of this Zoning Code.
C. All deed restrictions, dedications, covenants, agreements and other documents are in acceptable form and have been executed and all fees paid.
(f) Final Plan of Development Area. Upon completion of the subdivision improvements as required in Chapter 1244, 1246 and 1248, the developer shall apply for final plan approval as permitted in Chapter 1248 and shall submit 24 copies of the final plan of the development area. Said application for final plan approval shall comply with Chapter 1248.
(g) Conditions for Approval by Commission. The final development plan shall be in substantial accordance with the preliminary development plan and shall comply with the following:
(1) All the conditions imposed by Planning Commission and/or Council in the approval of such preliminary development plan.
(2) Be in conformance with all of the design standards and criteria of this Zoning Code.
(3) All deed restrictions, dedications, covenants, agreements and other documents are in acceptable form and have been executed and all fees paid.
(4) Completion and compliance with all requirements and agreements entered into in the Subdivision Construction Agreement.
(5) Approval of the City Engineer.
If the Planning Commission finds that a proposed final plan of a development area is in substantial accordance with the preliminary plan heretofore approved by Council, the Commission shall then approve such final plan and certify its approval to the Director of Legislative Services.
Council, at its next regularly scheduled meeting, upon a finding that the construction of the subdivision improvements are completed in accordance with agreements with the developer and in compliance with all required code provisions, shall ratify its prior approval of the preliminary plan, accept the report from the Planning Commission approving the final plan, shall approve and certify the final plan.
(h) Progressive Development. A developer, having obtained approval of any preliminary plan of a development area, may construct the development in progressive stages as may be approved by the Planning Commission, so long as the entire development area is included in the approvals sought and obtained from the Planning Commission and Council. The developer shall advise the Planning Commission and Council of its intent to develop in phases and shall identify which areas correspond to the particular number of phases sought to be developed. The development in phases shall be included in any construction agreement negotiated between the developer and the City.
(i) Amendments to Plans. At any time after the approval of a preliminary plan and before submission of a final plan of a development area, the City, on its own accord based on information indicating a substantial change in the plan, or the owner/developer, may request an amendment be made of the approval or conditional approval of the preliminary plan. The request for such amendment shall be filed with the Planning Commission and one copy shall be filed with the Director of Legislative Services. If the request for said amendment is made by the City, timely notice shall be provided to the developer/owner. Under regulations established by the Planning Commission, the City Engineer or City Planner may agree to proposed amendments that are deemed to be minor. If the proposed amendment is deemed to be major, the Planning Commission shall consider the proposed amendment at the next regularly scheduled meeting. The Commission shall approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions required by the Planning Commission, the applicant may withdraw the proposed amendment. A major amendment shall include, but is not limited to, any amendment that results in or has the effect of decreasing open space in the subdivision by 10% or more or increasing density in the subdivision by 10% or more. An applicant may not propose more than two amendments, whether major or minor, to any preliminary plat. The Commission shall render a decision on the proposed major amendment within 30 days after the meeting. If, in the opinion of the Planning Commission, such amendment is in substantial agreement with the approved preliminary or final plan of a development area, it shall be approved by the Planning Commission.
(Ord. 06-73. Passed 7-18-06; Ord. 13-152. Passed 2-4-14.)