(A) Design Standards. Unless otherwise specified herein, the design standards for lot area, coverage, density, yard requirements, the R-PUD District shall be governed by the standards of the zoning district most similar in nature and function to the proposed R-PUD District use, as determined by the Planning Commission. Exceptions to these standards may be granted by the Planning Commission when this body finds that the exceptions encourage a desirable living environment and are shown to be necessary to provide the required amount of common open space. Standards for public improvements shall be governed by all applicable ordinances and laws of the city.
(B) Minimum Yard Requirements. Subsequent to receiving the approval for an R-PUD Planned Unit Development District from the City Council, the owner or developer shall establish all lot sizes and front, side, and rear yard setbacks in the detailed final PUD plan for the proposed Planned Unit Development. These setbacks may vary from the regulations of the city, relating to the platting and subdividing of land pursuant to ORC §§ 771.01 through 735.26 subject to the review and approval of the Planning Commission.
(C) Required Common Open Space. There shall be reserved, within the tract to be developed on a planned unit basis, a minimum land area of 20% of the entire tract for use as common open space. This common open space shall not consist of isolated or fragmented pieces of land which would serve limited purposes. Included in this common open space may be such uses as pedestrian walkways, parkland, open areas, drainageways, swimming pools, clubhouses, tennis courts, and other lands of essentially open character, exclusive of off-street parking areas. Ownership of this common open space either shall be transferred to a legally established home-owner's association or be dedicated to the city, and proper legal documents necessary for the transfer or dedication shall be prepared by the owner or developer of the tract of land, and approved by the City Council. At the option of the city, this common open space may become a part of the park and open space system of the city.
(D) Required Contents of the Preliminary PUD Plan. The owner or developer is encouraged to engage in informal consultation with the Zoning Inspector and Planning Commission prior to preparing his preliminary PUD plan, it being understood that no statement or representation by the Zoning Inspector or Planning Commission shall be binding on the City Council. The owner or developer of the tract of land to be developed on a planned unit basis shall prepare a preliminary PUD plan and shall submit eight copies of the preliminary PUD plan along with application for a change of zoning district to the Planning Commission for its consideration. The preliminary PUD plan shall include the following items:
(1) Boundaries of the tract to be developed on a planned unit basis.
(2) Base mapping of the property showing the physical features; general topography, drainageways, water bodies, and tree cover; and existing land uses.
(3) Highways and streets in the vicinity of the tract, and the ingress and egress to the tract.
(4) Location of different general land use areas proposed to be developed.
(5) Proposed density levels of each residential use.
(6) Proposed treatment of existing topography, drainageways, and tree cover.
(7) Proposed general location of major vehicular circulation, showing how this circulation pattern relates to the official thoroughfare plan of the city.
(8) Location of schools, parks, and other community facility sites, if any.
(9) Time schedule of projected development, if the total landholding is to be developed in stages, or if construction is to extend beyond a two-year time period.
(E) Conditions for the Approval of the Preliminary PUD Plans. Upon receipt of the report of the Planning Commission, the City Council shall study and review the proposed R-PUD application and preliminary PUD plan on the basis of:
(1) All requirements have been satisfied, and
(2) A finding that the following specific conditions are fully met:
(a) The R-PUD District is in conformance with the comprehensive plan for the city.
(b) Each individual stage of development shall not exceed the maximum density allowed for the planned unit development landholding as a whole.
(c) The use proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts.
(d) The areas proposed shall be used only for residential purposes and the usual accessory uses such as garages, storage space, parks, recreation sites, open spaces, and community purposes including churches and schools.
(e) The internal streets and major and minor streets that are proposed shall properly interconnect with the surrounding existing major and minor streets as designated in the official thoroughfare plan of the city.
(f) The minimum common open space area has been designated and shall be duly transferred to a legally established homeowner's association, or has been dedicated to, and accepted by the city as herein provided.
(g) The preliminary PUD plan is consistent with the intent and purpose of this zoning code, to promote public health, safety, and general welfare of the residents of the city.
(F) City Council Action. Approval of the preliminary PUD plan shall require a favorable vote of the majority of the membership of the City Council. Approval of the preliminary PUD plan shall be limited to the general acceptability of the land uses proposed, proposed general density levels and their interrelationship, and shall not be construed to endorse precise location of uses, configuration of parcels, or engineering feasibility which are to be determined in the subsequent preparation of the detailed final PUD plan. Approval of the preliminary PUD plan shall constitute the creation of the separate R-PUD Planned Unit Development Zoning District. In taking action, City Council may deny the preliminary PUD plan or may recommend approval of the plan subject to specified modifications.
(G) At the time of adopting any ordinance establishing an R-PUD District, the City Council shall make appropriate arrangements with the owner or developer which will ensure the accomplishment of the public improvements and reservation of common open space as shown on the approved preliminary PUD plan.
(H) Time Limits and Extensions.
(1) The approval of the preliminary PUD plan shall become null and void and the land shall revert to its former zoning classification, unless the final PUD plan for the first section of the planned unit landholding has been formally approved by the Planning Commission within two years of the date of approval, in accordance with the conditions for approval specified in divisions (I) through (K) of this section, and unless the final subdivision plan, where applicable, shall have been recorded in the office of the County Recorder.
(2) An extension of time limit or the minor modification of the preliminary PUD plan may be approved by the City Council. The approval shall be given on a finding of the purpose and necessity for the extension or minor modifications; the evidence of reasonable effort toward the accomplishment of the preliminary PUD plan; and the recommendation of the Planning Commission.
(I) Required Contents of the Detailed Final PUD Plan. Once the R-PUD Zoning District and the preliminary PUD plan have been approved by the City Council, the owner or developer shall proceed with the preparation of the detailed final PUD plan. The detailed final PUD plan must be reviewed and approved by the Planning Commission prior to the issuance of any zoning certificate by the Zoning Enforcement Officer. The detailed final PUD plan shall be prepared for the owner or developer, and shall bear the original signature or original seal of a professional competent urban planner, professional engineer, architect, or landscape architect, and shall be in accordance with the approved preliminary PUD plan, and shall include the following:
(1) Survey of the tract to be developed showing existing physical features; general topography, drainageways, tree cover and streets, easements, and utility lines.
(2) Detailed site plans showing lot lines, building outlines, off-street parking spaces, pedestrian walkways, vehicular circulation.
(3) Preliminary building plans, including floor plans and exterior elevations.
(4) Landscaping plans including quantity, size, and varieties of landscaping.
(5) Specific detailed engineering plans, including site grading, street improvements, drainage and utility improvements, and extensions as necessary.
(6) All necessary legal documentation relating to the incorporation of a homeowner's association for the purpose of maintaining the required common open space included within the Planned Unit Development.
(7) Copies of any restrictive covenants that are to be recorded.
(J) Major Changes. Should the formulation of the detailed final PUD plan for any section of the total Planned Unit Development landholding necessitate a major change in the approved preliminary PUD plan, reconsideration and approval by the City Council shall be required in accordance with the procedures specified in § 154.10.133. Major changes shall include, but not be limited to:
(1) An increase in density.
(2) Changes in the outside boundaries of the Planned Unit Development landholding.
(3) Major changes in the location or amount of land designated for specific land uses, including open space.
(4) Major changes in the internal street and thoroughfare locations or alignments.
(K) Conditions for the Approval of the Detailed Final PUD Plan. On receipt of the detailed final PUD plan for each section of the Planned Unit Development landholding, the Planning Commission shall study and review the detailed final PUD plan and shall approve, modify, or disapprove the plan on the basis:
(1) That all requirements have been satisfied, and
(2) That a finding that the following specific conditions are fully met:
(a) The proposed detailed final PUD plan for the individual section of the overall R-PUD District are in conformance with the approved preliminary PUD plan, and the comprehensive plan map and text of the city.
(b) Each individual stage of the Planned Unit Development can exist as an independent planned unit which is capable of creating an environment of sustained desirability and stability, or that adequate assurance will be provided that the objective can be obtained.
(c) Any part of the Planned Unit Development not used for structures, parking, and loading areas, or streets, shall be landscaped or otherwise improved, or if approved by the Planning Commission, left in its natural state.
(d) Any exception from the standard requirements of this zoning code are warranted by the design and amenities incorporated in the detailed final PUD plan, in accordance with the adopted policy of the Planning Commission and the City Council.
(e) The internal streets and thoroughfares proposed are suitable and adequate to accommodate the anticipated traffic within and through the development.
(f) The detailed final PUD plan is consistent with the intent and purpose of this zoning code to promote public health, safety, and general welfare of the residents of the city.
(3) The approval of the detailed final PUD plan for any section of the total Planned Unit Development landholding shall expire if the zoning certificate or building permits required to implement the plan are not obtained within two years of the date of approval. The Planning Commission may extend the time limit of approval for a detailed final PUD plan if it finds the detailed final PUD plan still meets the original conditions for approval and there has been evidence that reasonable efforts have been made to accomplish the plan. The Planning Commission shall not consider or grant any extension when a zoning map change or text amendment has been enacted subsequent to the approval of the original of the final PUD plan which would effect the property subject to the plan.
(L) Subdivision of a Completed Planned Unit Development. All future subdivisions of a completed Planned Unit Development shall be first reviewed and approved by the Planning Commission to assure that each subdivided area of the development includes the parking, open space, density, and other similar necessary requirements.
HISTORY: (Formerly § 154.98; Ord. 2306, passed 2-23-82; Am. Ord. 2833, passed 12-30-91; Am. Ord. 3079, passed 1-27-98)
(M) Guarantee for Installation of Public Improvements.
(1) All site improvements shall conform to the approved site plan and construction plans.
(2) To provide assurance to the City that public improvements will be completed once construction has begun, the developer shall furnish a bond executed by a surety company, letter of credit, or certified check equal to the cost of construction of such public improvements as shown on the approved plans, and based on an estimate approved by the City Manager as advised by the Service Director and in a form approved by the Law Director. Such surety shall be provided prior to issuance of a building permit for the project. Letters of credit shall not permit draws by the developer without the express approval of the City.
(a) For the purposes of this section, construction shall be defined as any man-made change to improved or unimproved real estate related to one or more of the following public improvements: earth-disturbing activities including clearing, excavating, filling, and grading of property; driveway approaches; sidewalks; street surfacing; curbs, gutters, and public sanitary sewers; public water supply; stormwater detention facilities; stormwater best management practices for runoff quality; and street signs.
(3) The performance bond, letter of credit, or certified check shall run to the City and shall provide that the developer, his heirs, successors and assigns, their agent or servants, upon commencement of construction, will comply with all applicable terms, conditions, provisions and requirements of these regulations; will faithfully perform and complete the work of constructing and installing all public improvements in accordance with such laws and regulations; will complete all public improvements prior to issuance of a final occupancy permit for the project; and will complete all public improvements within one (1) year from the date of final approval of the building permit, but the bond or letter of credit will run indefinitely until released by the City. In no case shall the work be completed after one (1) year from the date of final approval of the building permit, unless an extension is granted by the City as specified below.
(4) Upon commencement of construction, if the installation of any public improvement, for which guarantee has been made by the developer in the form of bond, letter of credit, or certified check, is not completed within one (1) year from the date of final approval of the building permit, the developer may request the City to grant an extension of six (6) months, provided (s)he can show reasonable cause for inability to complete said public improvement(s) within the required one (1) year. A maximum of two six-month extensions may be granted. At the expiration of the extension(s), the City will use as much of the bond, letter of credit, or certified check as necessary to complete the construction of the public improvements.
(5) All public improvements located within the public right-of-way shall be completed within 14 days of initial excavation, unless an extension is granted for reasonable cause by the City Manager as advised by the Service Director and Director of City Planning.
(6) As required public improvements are completed, approved, and accepted, the City Manager, as advised by the Service Director and Director of City Planning, may reduce the amount of the performance bond, letter of credit, or certified check.
(7) Periodic inspections during the installation of public improvements shall be made by the City to ensure conformity with the approved plans and specifications as required by these regulations.
(8) The developer shall schedule required inspections at least forty-eight (48) hours in advance with proper administrative officials.
(9) The absence of an inspector from a project during construction shall not relieve the developer from full responsibility under this agreement. Upon acceptable completion of installation of the required public improvements, the City Manager as advised by the Service Director and Director of City Planning shall issue a letter to the developer or his/her agent and such letter shall be sufficient evidence for the release by the City.
(10) When the Service Director and Director of City Planning, following final inspection of a project, certify to the City Manager that all public improvements have been constructed in accordance with City specifications, the City Manager may proceed to accept the facilities for which bond, letter of credit, or certified check has been posted.
(11) Whenever public improvements have not been constructed in accordance with the agreement and with specifications as established, the City Manager as advised by the Service Director and Director of City Planning may exercise his/her rights of foreclosure under the bond, letter of credit, or certified check.
(12) Should construction not commence prior to expiration of the building permit and any extensions granted in accordance with this section, the performance bond, letter of credit, or certified check shall be released in its entirety by the City. (Ord. 3477. Passed 4-12-11.)