§ 153.255 PLANNED UNIT DEVELOPMENT.
   (A)   Purpose statement. The purpose of the Planned Unit Development “PUD” district is to:
      (1)   Promote the mixture of land uses in a creative, economical, and aesthetically pleasing manner.
      (2)   Encourage flexibility in the design of developments specifically in the preservation of open spaces, in the protection of natural features, in the utilization of existing site amenities, and in the creation of designs that are compatible with surrounding uses.
      (3)   Provide harmonious transitions between uses by utilizing varying land uses, landscaping, buffers, or other similar techniques.
      (4)   Allow for safe and efficient transportation networks that accommodate automobiles, bicycles, and pedestrians.
      (5)   Provide for locations for recreational facilities, educational facilities, and other public and semi-public common facilities, while preserving the existing landscape to the greatest extent possible.
   (B)   Permitted uses.
      (1)   Principally permitted buildings and uses.
         a)   Single household dwellings as permitted in RSH-E, RSH-L and RSH-H Districts.
         b)   Two household dwellings and multi-household buildings as permitted in RMH District.
         c)   Those uses permitted in GB, GI, SS, PF, and OB Districts, except sexually oriented businesses, which are consistent with the overall purpose of the PUD District and compatible with other uses in the development plan and adjoining areas.
         d)   Outdoor advertising devices as regulated by the Ohio Revised Code.
      (2)   Accessory buildings and uses. Accessory buildings and uses may be permitted if approved by the Planning Commission as being consistent with the purposes and provisions of this section.
   (C)   Development standards for all PUDs. The following development standards are established to guide and control the planning, development, and use of land in all PUDs located within the City of Springdale:
      (1)   Minimum development area.
         a)   The minimum area to qualify as a PUD area shall be not less than three contiguous acres.
         b)   A parcel or parcels of land with less than three contiguous acres may be considered for planned development when it is demonstrated that such smaller area has a unique feature of geography, topography, or other development aspect which is determined to be appropriate for such district designation. The Planning Commission shall review the request and make a determination on the request.
         c)   Contiguous property of less than three acres may be added to an adjacent previously established PUD District.
      (2)   Building and use requirements. The main and accessory buildings and uses shall meet the regulations of the zoning district in which such building or use would be permitted, and if applicable any adopted plans, in which such building or use would be permitted unless otherwise permitted or restricted by the Planning Commission.
      (3)   Setbacks. Along the boundary of any PUD District, each non-residential and mixed use building shall be set back at least 75 feet from any residential use or district. Non-residential uses or mixed use buildings that are adjacent to other non-residential uses or mixed use buildings shall meet the setback regulations of the zoning district in which such building or use would be permitted. In a situation where the proposed buildings or uses would be allowed in multiple zoning districts, the most restrictive setback regulations shall apply to the PUD development. The Planning Commission may modify these setback regulations if the development is in conformance with the provisions and purposes of this section.
      (4)   Density. The overall density of a development area shall conform to the basic overall density requirements of the zoning district in which such building or use would be permitted. The Planning Commission may approve a higher density for proposals if the development is in conformance with the provisions and purposes of this section.
      (5)   Local circulation system. The vehicular circulation system and parking facilities shall be designed to fully accommodate vehicular and pedestrian traffic with safety and efficiency within the development. Driveways and access points for developments shall be located in areas where traffic can be controlled and operated in a safe and effective manner. The amount of traffic generated by commercial uses passing through residential areas shall be minimized.
      (6)   Signage. Proposed ground signs for the PUD including shopping center identification signage and subdivision signage shall be included with the preliminary development plan submittal for review and approval. Wall signage and any additional development signage including directional signs shall be submitted with the final development plan submittal for review and approval. All signage shall conform to the regulations set forth in the Signs section unless approved by the Planning Commission.
   (D)   Residential PUD development standards.
      (1)   Building and use arrangements. The design and development factors set forth in this section are intended to provide considerable latitude and freedom in order to encourage a variety in the arrangement of residential uses and of the location, bulk and shape of buildings, open space, and landscape features. Buildings and uses shall be arranged, designed, and located in order to screen and preserve residential uses from the adverse effects of non-residential uses and mixed use buildings within or nearby the PUD District. The buildings and uses may be arranged in various groups, courts, sequences, or clusters with open spaces organized and related to the buildings in order to provide privacy, and to form a unified composition of buildings and space, and to maximize the peace and tranquility of the residential occupants of the PUD District and the nearby area. The following design standards shall be met in Planned Unit Development areas:
         a)   That the adjacent property or properties be protected from loss of light, air, and view because of the proximity of the bulk or shape of a neighboring building;
         b)   That usable open spaces be created within a development while maintaining privacy for individual residential properties;
         c)   That required yards and setbacks should not be excessive so as to prevent the reasonable development of open land for landscape features, recreation, or other private uses; and
         d)   That the latitude in design shall also apply to the planning of landscape features such as walls, fences, hedges and other features to create a variety of common open spaces and private areas.
      (2)   Topography and site appearance. It is a requirement of this code that such developments shall be designed to take advantage of the topography of the land in order to utilize the natural contours, to economize on the construction of utilities, to reduce the amount of grading, and to maximize the conservation of trees and top soil. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of buildings, open spaces, and site features.
      (3)   Open space.
         a)   In any residential PUD development, the total public or common space shall be not less than 20 percent of the gross acreage or area of the PUD area.
         b)   Common open space shall be protected by recorded covenants and restrictions to assure that such open space will be permanently preserved and maintained.
         c)   For the purpose of this section, open space is defined as an area of land or an area of water, or a combination thereof, that is designed for either environmental, scenic, or recreational purposes. It may include buffer areas, active and passive recreation areas, wooded areas, water courses, and similar amenities. Open space shall not include off-street parking areas, streets, or part of road rights-of-way, except in the case of roadway median in excess of ten feet in width.
   (E)   Non-residential and mixed use PUD development standards. The following development standards are established to guide and control the planning, development, and use of land in non-residential and mixed use PUDs:
      (1)   Building materials. Exterior facades should be constructed with one or more of the following materials: brick, wood, stone, tile, stucco, decorative block, decorative concrete panels, fiber cement siding, and/or transparent materials such as glass or Plexiglas. Additional materials may be approved by the Planning Commission.
      (2)   Building design. There shall be no uninterrupted lengths of blank wall longer than 40 feet, for façades that are at least 60 feet wide. This applies to all elevations visible from road rights-of-way and adjacent properties. The following techniques may be utilized to implement this standard:
         a)   Recesses or projections in the wall that are at least two feet in depth;
         b)   Façade material changes following the same dimensional requirements; and/or
         c)   Pilasters having a minimum depth of one foot, minimum width of one foot, and a minimum height of 80 percent of the height of the façade may also be utilized to accommodate the variation in walls.
      (3)   Franchise architecture. No building or addition constructed in a PUD district shall be designed with or modeled after franchise or formula based architecture, unless the Planning Commission determines that the franchise architecture is consistent with the intent of the district based on a determination that the proposed building:
         a)   Substantially meets the overall intent of the district guidelines;
         b)   Does not create visual inconsistencies with surrounding areas or structures in relation to colors and materials; and
         c)   Will enhance the character and business climate of the area.
      (4)   Windows. All building elevations visible from road rights-of-way shall include window openings at regular intervals. The main front elevation of a building should include at least 35 percent transparency at the pedestrian level, 15 feet in height or the height of the building, whichever is less.
      (5)   Open space. In any non-residential or mixed use PUD development, the total public or common space shall meet the regulations of the zoning district in which such building or use would be permitted. In a situation where the proposed buildings or uses would be allowed in multiple zoning districts, the most restrictive open space regulation shall apply to the PUD development.
   (F)   Review procedures and factors. The following review procedures apply to all Planned Unit Development plan applications:
      (1)   Step 1 - PUD zone map amendment and preliminary development plan.
         a)   The owner or owner's authorized agent shall submit an application for a PUD zone map amendment and preliminary development plan in accordance with the provisions of this section.
         b)   Complete PUD zone map amendments and preliminary development plans shall include all the required information per the approved checklist.
         c)   The Planning Commission may waive submittal requirements as inapplicable.
         d)   The PUD zone map amendment and preliminary development plan shall be prepared by a professional planner, engineer, or landscape architect.
         e)   The owner or owner's authorized agent may request that the development be phased. If this is desired, a phasing plan shall be submitted with the preliminary development plan.
      (2)   Step 2 - Staff review.
         a)   The Building Official shall review the PUD zone map amendment and preliminary development plan application to determine completeness and shall distribute the application to other city departments and consulting professionals and agents of the city as appropriate for review and comment.
         b)   Upon determination that the application is complete, the Building Official shall refer the application to Planning Commission for review within 90 days.
      (3)   Step 3 - Planning Commission review and recommendation.
         a)   The Planning Commission shall hold a public hearing on the PUD zone map amendment and preliminary development plan and shall furnish to City Council its recommendation with respect to the submitted plans. Public hearings shall be subject to the procedures set forth in § 153.201(B): Public Notification for Public Hearings.
         b)   The Planning Commission may recommend that the PUD zone map amendment and preliminary development plan be approved, disapproved, or modified.
         c)   If the Planning Commission finds that any of the regulations or standards are inapplicable because of unusual conditions, it may recommend to Council that an adjustment in such regulations or standards be made.
         d)   In the event the Planning Commission recommends that a PUD zone map amendment and preliminary development plan be disapproved, the owner or owner's authorized agent shall request in writing that the application be forwarded to City Council for review and action pursuant to Step 4 below. Failure to provide such written request, within 30 days from the date of action by Planning Commission, shall constitute withdrawal of the application.
      (4)   Step 4 - City Council review and action.
         a)   City Council, at their next regular meeting following receipt of the Planning Commission's recommendation, shall set a date for public hearing on the zone map amendment and the preliminary development plan subject to the procedures set forth in § 153.201(B): Public Notification for Public Hearings.
         b)   Following the public hearing, City Council shall approve, disapprove, or modify the PUD zone map amendment and preliminary development plan. If City Council reverses the recommendation by the Planning Commission, it shall only do so by the affirmative votes of not less than two-thirds of its members.
         c)   Following approval of the PUD zone map amendment and the preliminary development plan, the owner or owner's authorized agent shall submit the final development plan and submit a zoning certificate application for the development area.
      (5)   Step 5 - Final development plan.
         a)    The owner or owner's authorized agent shall submit final development plans that include all the required information per the approved checklist.
         b)   The Planning Commission may require additional drawings, information, studies or plans to supplement the required information.
      (6)   Step 6 - Staff review. 
         a)   The Building Official shall review the final development plan application to determine completeness and shall distribute the application to other city departments and consulting professionals and agents of the city as appropriate for review and comment.
         b)   Upon determination that the application is complete, the Building Official shall refer the application to Planning Commission for review within 90 days.
      (7)   Step 7 - Planning Commission review and action.
         a)   The Planning Commission will review the final development plan to determine its substantial compliance with the preliminary development plan. Plans not found in compliance are subject to the procedures in § 153.255(H): Amendments to Plan below.
         b)   If the Planning Commission disapproves the final development plan, the developer has the right to appeal the decision to City Council within 20 days of the disapproval. City Council's decision is final.
         c)   If the Planning Commission approves the final development plan, the Building Official shall be notified and zoning certificates and other permits shall be issued as applicable.
         d)   A final development plan will expire if the owner or owner’s authorized agent has not applied for a building permit within 18 months of the date on which it was approved. The owner or owner’s authorized agent may request an extension of an additional 12 months which will be subject to the discretion of Planning Commission. Expiration of a final development plan does not affect the approval of a preliminary development plan or the PUD district status.
   (G)   Combined preliminary and final development plan. The owner or owner's authorized agent may request to combine the applications for the preliminary development plan and final development plan. The Building Official may approve or deny this request based on the type of application, completeness of plans, and timing requirements of the project. All requirements of both the preliminary development plan and the final development plan shall be met for a combined plan submittal. If approved by the Building Official, the applicant shall submit the PUD zone map amendment application along with the final development plan and any additional information that is required for the preliminary development plan. The application shall follow the process established for the PUD zone map amendments and preliminary development plan.
   (H)   Amendments to plan. At any time after the approval of the preliminary development plan, the owner or owner's authorized agent may request an amendment to their plans.
      (1)   Major amendment. If it is determined by either of City Council's representatives on the Planning Commission that the amendment is a major departure from the approved plans, the amendment shall be processed as a new preliminary development plan. For purposes of this section a major departure may include, but is not limited to, a substantial change to the basic design, density, uses, circulation, or open space requirements of the approved plan or a substantial change to any other specific condition of approval of the approved plan.
      (2)   Minor amendment. If it is determined by either of City Council's representatives on the Planning Commission that the amendment is a minor departure from the approved plans, the amendment shall be processed as a final development plan application.
(Ord. 4-2016, passed 3-2-16; Am. Ord. 33-2016, passed 11-16-16; Am. Ord. 36-2017, passed 9-20-17; Am. Ord. 04-2020, passed 1-15-20)