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Amherst Township City Zoning Code

CHAPTER 1128

Planned Development District Zoning

1128.01 PURPOSE.

   (a)   The purpose of the Planned Development District is to permit comprehensively planned developments approved by the Planning Commission and City Council under more flexible zoning guidelines and site design criteria than permitted in traditional districts.
   (b)   The suspension of traditional zoning provisions is intended to: encourage creative, high quality site design practices in the development of residential and commercial areas; promote harmony and integration with existing developments; protect adjoining properties from adverse impacts; promote safe and efficient pedestrian, bicycle, and vehicular movement; promote efficient layout of infrastructure; and to promote protection or enhancement of natural and historic resources.
   (c)   In place of enforcing the traditional zoning provisions, the Planning Commission and City Council may exercise control through approval, denial, or amendment of the Development Plan and by requiring standards, design criteria, conditions, and agreements appropriate for the particular site, its surrounds, and for the proposed use or uses. While certain modifications to the requirements of the Subdivision Ordinance may be permitted in a Planned Development, careful coordination of the design and review of the proposed platting and improvements is encouraged. (Ord. 14-42. Passed 10-27-14.)

1128.02 DEVELOPMENT PLAN REQUIREMENTS AND REVIEW PROCEDURES.

   The owner of a lot or lots desiring to obtain approval of a Planned Development District shall initiate such proposal according to the provisions for zoning amendments established in these Codified Ordinances by submitting a General Development Plan to the Planning Commission containing the information required in Chapter 1114 of these Codified Ordinances together with such additional information required by this chapter.
   Except as otherwise specifically provided herein, the processes and submission requirements of Development Plan Review shall comply with the requirements of Chapter 1114 of these Codified Ordinances.
   The applicant is encouraged to meet with the Building Inspector prior to submitting the General Development Plan to discuss the requirements and procedures of this Chapter and to discuss the proposed Planned Development District conceptually in the context of the use regulations, development standards and standards for development plan review contained herein.
   The following requirements and procedures shall apply to the submittal, review, and approval of plans for Planning Commission review and recommendation of a Planned Development District.
   (a)    General Development Plan.
      (1)    Required Content of General Development Plan. The applicant proposing a Planned Development District shall submit the information described in all items below which, together with any other information, agreements, statements, or commitments approved by the Planning Commission, shall constitute the General Development Plan for the proposed Planned Development District.
         A.   Completed application form.
         B.   All other submission requirements for a General Development Plan as provided in Section 1114.07 of these Codified Ordinances.
         C.   A statement of the specific use or uses proposed to be established in the Planned Development District, including the number of dwellings, the number of residential buildings by type and number of dwellings per building, all non-residential uses and buildings and the amount of floor area dedicated to each, the amount of acreage proposed for each use, and any planned accessory uses such as outbuildings, pools, recreation shelters, or parking structures.
For all non-residential uses, the applicant shall also provide a description of the activities proposed on the site, including the goods or services, hours of operation, anticipated number of employees, nature and volume of delivery activity, and other information which will enable the Planning Commission to clearly understand the nature of the proposed use and its potential impacts.
         D.   A narrative statement discussing the compatibility of the proposed use with the existing uses of adjacent lots, with the zoning districts of adjacent lots, and with any master or comprehensive or other land use plan of the City, including an evaluation of the effects on adjoining lots of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and storm water.
         E.   A narrative addressing each of the provisions set forth in Section 1128.03 , Use Regulations and Development Standards.
         F.   A narrative text, proposed legal devices, illustrations, tables, material samples, and other materials and information as determined necessary by the Planning Commission to describe the design criteria proposed for the development, including standard street signs, permanent development signs, fences, maintenance agreements, covenants and restrictions.
         G.   Sketch or draft elevations of the proposed building or buildings indicating maximum heights. Locations of existing buildings and structures on abutting properties, including approximate setbacks from property lines.
         H.   A plan of the vehicular, pedestrian, and bicycle facilities, showing how these facilities relate to the existing and planned facilities surrounding the site and providing traffic impact studies and projections.
         I.   Anticipated time schedule for construction of the improvements and buildings, including any anticipated phases of development.
         J.   The locations and approximate acreage of common open space, recreation areas, and reserves.
         K.   Such other information as the Planning Commission shall deem necessary to make a determination of the compliance of the proposed development and uses with the applicable standards and regulations.
      (2)    Submittal. The owner shall submit twelve (12) copies of the Preliminary Development Plan to the Building Inspector at least twenty-one (21) days prior to the Planning Commission meeting at which it is to be reviewed.
      (3)    City Staff Review. The Building Inspector shall distribute the materials to the Director of Public Safety and Service, Fire Chief and Police Chief other appropriate City departments for review for compliance with all applicable requirements and for comments with regard to the Standards for General Development Plan Review.
      (4)    Planning Commission Review and Action. The Planning Commission shall review the General Development Plan and take action within sixty (60) days after the regularly scheduled meeting at which the Plan is first reviewed. This period may be extended at the request of the applicant with the approval of the Chairman of the Planning Commission. The Planning Commission may approve the General Development Plan as submitted or modified, or conditionally approve the Plan and stipulate the conditions of such approval, or disapprove the Plan and express the reasons therefor. The action of the Planning Commission shall be noted on a copy of the General Development Plan which shall be retained in the file by the Building Inspector.
   (b)    Final Development Plan.
      (1)    Required Content of Final Development Plan. If the General Development Plan is approved by the Planning Commission the applicant proposing a Planned Development District shall submit the information described in all items below which, together with any other information, agreements, statements, or commitments approved by the Planning Commission, shall constitute the Final Development Plan for the proposed Planned Development District. The Final Development Plan shall include all submissions required under Section 1114.08 of these Codified Ordinances.
      (2)    Submittal. The owner shall submit twelve (12) copies of the Final Development Plan to the Building Inspector at least twenty-one (21) days prior to the Planning Commission meeting at which it is to be reviewed.
      (3)    City Staff Review. The Building Inspector shall distribute the Final Development Plan to the Director of Public Safety and Service, Fire Chief and Police Chief other appropriate City departments for review for compliance with all applicable requirements and for comments with regard to the Standards for Development Plan Review and any significant changes made between the General Development Plan and the Final Development Plan.
      (4)    Planning Commission Review and Recommendation to City Council. The Planning Commission shall review the Final Development Plan within sixty (60) days of the regularly scheduled meeting at which the Final Development Plan is first reviewed. This period may be extended at the request of the applicant with the approval of the Chairman of the Planning Commission.
      (5)    Effect of Approval. Approval by the Planning Commission of a Final Development Plan shall constitute a recommendation to City Council for zoning amendment.
   (c)    Alternate Procedure. Applicant may elect to submit a Final Development Plan with its application. In that event the applicant shall meet with the Building Inspector prior to submitting the plan to discuss the requirements and procedures of this Chapter and to discuss the proposed Planned Development District conceptually in the context of the use regulations, development standards and standards for development plan review contained herein.
      (Ord. 14-42. Passed 10-27-14.)

1128.03 USE REGULATIONS AND DEVELOPMENT STANDARDS.

   The following shall be the minimum standards required for development in a Planned Development District.
   Additional requirements and conditions may be established by the Planning Commission or approval of the District. Such requirements and conditions may include but are not limited to: width, height, yard requirements; development density; arrangement and spacing of buildings; signs; parking; vehicular, pedestrian and bicycle circulation; landscaping; and preservation of natural features.
   (a)    Permitted Uses. The following uses may be permitted, as approved in the Final Development Plan, in a Planned Development District:
      (1)    Single family dwellings.
      (2)    Two family dwellings.
      (3)    Multiple dwellings including condominiums.
      (4)    The uses identified in this ordinance as permitted uses and conditional uses (with a conditional use permit) in the "R-1" and "R-3" residential districts.
      (5)    The uses identified in this ordinance as permitted uses and conditional uses (with a conditional use permit) in the "C-1" and "C-2" commercial districts.
      (6)    Recreational uses, structures, and facilities, such as pools, tennis courts, playgrounds, and other similar uses provided for the use of residents of the development or for general public use.
The Planning Commission shall determine the appropriateness of each proposed use in reviewing the Development Plan, giving consideration to the Standards for Review established in this Chapter and any other considerations deemed by the Commission to be significant in determining the appropriate use or uses for the proposed District. The Commission shall have the authority to deny approval for any proposed use which it determines to be inappropriate due to potential impacts, incompatibility with the surrounds, or other reasons.
   (b)    Density of Dwelling Units. The density of dwelling units for both the overall Planned Development District and for each of its areas shall be as approved in the Final Development Plan by the Planning Commission. The Planning Commission shall, in making a determination of the number of residential units to be permitted in the District, give a special consideration to the compatibility of the proposed dwelling unit density and the characteristics of the proposed lots and structures with the existing surrounding dwelling unit density, lots and structures, and the projected density of the surrounding properties.
   (c)    Required Open Space and Protection of Features. In the General and Final Development Plans for a Planned Development District, historic structures and sites, natural features such as watercourses, wetlands, rock outcroppings, trees, and other vegetation shall be identified. The Development Plans shall indicate design of planned improvements in a manner which protects, enhances, and appropriately incorporates such features into the overall design. The Planning Commission may approve, amend, or deny the proposed treatments of such features.
      (1)   The Final Development Plan shall provide for landscape and lawn areas to place the structures in a setting of yards and plantings compatible with the surrounding neighborhoods, to establish screening of parking areas, to provide an area or areas for outdoor recreation and relaxation available to residents of the development, and to provide public open or recreation spaces consistent with the plans of the City.
      (2)   Compliance with the requirements of the City for the dedication of reserves or of other fees or considerations shall be minimum requirements for the approval of a Planned Development District.
   (d)    Parking. The Final Development Plan shall comply with the parking requirements of these Codified Ordinances, except that the Planning Commission may vary such requirements where a finding is made that the provisions are excessive or inappropriate for the use proposed or that the provisions are satisfied by alternative methods clearly indicated in the Final Development Plan.
   (e)    Lot and Yard Dimensions, Building Spacing.
      (1)   Lot and yard dimensions shall be as established in the approved Final Development Plan.
      (2)   In locations where the Planned Development District abuts other zoning districts, the minimum area and widths of yards and setbacks within the proposed Planned Development District shall be no less than the minimums required for such abutting districts unless specifically varied by approval of the Planning Commission.
      (3)   In review of lot and yard dimensions and the spacing of buildings, the Planning Commission shall give consideration to the spacing necessary for adequate visual and acoustical privacy, adequate light and air, fire and emergency access, building configurations, energy efficient siting, and the relationships of building sites to circulation patterns.
         (Ord. 14-42. Passed 10-27-14.)

1128.04 STANDARDS FOR DEVELOPMENT PLAN REVIEW.

   (a)    Standards for Review. In reviewing and determining whether to recommend approval or disapproval of a Planned Development District, the Planning Commission shall consider, but shall not be limited to consideration of the following characteristics of the proposed development:
      (1)    The comprehensive nature and design of the Development Plan, including appropriate and intentional design of the physical, aesthetic, and economic relationships among its parts.
      (2)    The suitability of the site proposed for zoning as a Planned Development District, including its location, area, relationship to existing development in the community, natural features, relationship to community plans, and such other characteristics as the Planning Commission may deem important.
      (3)    The anticipated effects of the proposed development upon the City and upon adjoining and proximate neighborhoods and properties, including the impacts of traffic, storm water, noise, lighting, utilities, aesthetic values and other impacts.
      (4)    The adequacy of planned roads, drives, parking, and loading areas to meet the projected demand for such facilities and to integrate with existing and planned facilities in the City.
      (5)    The adequacy of planned pedestrian and bicycle facilities to meet the demand for such facilities, to integrate with existing and planned facilities in the City, and to promote use of such transportation modes.
      (6)    The suitability of the location, dimensions, access to streets and utilities of each proposed lot within the District, given the nature of the use or uses proposed on each such lot.
      (7)    The adequacy of utilities to serve the proposed development and the suitability of the proposed utility design within the District.
      (8)    The proper orientation and relationship of the proposed elements of the development with natural and historic features and resources both on and off site, the degree to which the development has been designed to protect and enhance such features and resources, and the measures taken to mitigate negative impacts on such features and resources both on and off site.
      (9)    The relationships of the architectural and site design characteristics among the areas of the development and with surrounding properties.
      (10)   The availability of recreation and open space sites and facilities (existing and proposed) for use by the residents of the proposed development.
      (11)   The nature and extent of proposed landscaping, existing vegetation and landform to be retained, and of proposed screening and buffering.
      (12)    The suitability of the proposed separations between uses and buildings, including any proposed setbacks or yards, given the nature of the use or uses so controlled and the relationships and impacts of one use upon another.
      (13)    The suitability of the total acreage and total floor area proposed for each type of use, and the number and bulk of buildings proposed for each type of use.
      (14)    The suitability of proposed condominium or homeowners association agreements, deed restrictions, protective covenants, and other legal statements or devices intended to provide for the future use, ownership, operation and maintenance of areas of the planned development and its improvements.
      (15)    If non-residential uses are proposed, the projected traffic impacts, loading requirements, and the likely number of employees.
      (16)    The ability of each proposed phase of the development, or of any group of developed phases, to meet the standards established in this Chapter.
      (17)    Compliance with the Use Regulations and Development Standards and, to the extent possible, determination of compliance with all other applicable local, state, and federal laws and regulations. In instances in which variances to existing regulations have been requested, such as to the Subdivision Regulations, the Commission shall consider the suitability of such variance and its impact on the proposed development.
   (b)    Professional Assistance in Review. The extent and complexity of certain applications for Planned Development Districts will require that the Planning Commission obtain review assistance, statements of opinion, and reports from qualified professionals such as civil engineers, planners, appraisers, architects, and attorneys. The Planning Commission shall determine when such studies or expert advice are necessary to evaluate a proposed Planned Development relative to the requirements of this Chapter. The Commission shall advise the owner if such studies are required. The Commission will accept the required studies prepared by qualified professionals engaged by the owner or will require the owner to provide to the City the funds required to pay for such studies.
(Ord. 14-42. Passed 10-27-14.)

1128.05 ADDITIONAL PROCEDURES AND REQUIREMENTS.

   (a)    Amendments to the Development Plan. The owner of a property within a Planned Development District may submit plans for amendment of the Final Development Plan approved for the District. The Planning Commission shall review such amended plan and may approve the amendment if it determines that the amendment is substantially in conformance with the form, nature, and intent of the Final Development Plan.
   (b)    Compliance with Development Plan, Interpretation. Subsequent to the approval of a Planned Development District, all subdivision plans, site plans, building permits, and other plans for improvements and any development or construction within the District shall be in substantial compliance with the approved Final Development Plan and any conditions of such approval. When the Law Director determines that a proposed plan, request for permit, development or construction may not be in compliance with the Final Development Plan, the Planning Commission may make a determination of compliance or noncompliance, thereupon the approved amended plan shall be presented for Council for final approval.
(Ord. 14-42. Passed 10-27-14.)

1128.06 SUNSET PROVISION.

   In the event that construction has not been commenced within a period of one (1) year from the effective date of the rezoning of the Planned Development District the zoning of the District shall revert to its zoning classification(s) prior to the rezoning. City Council may extend the one (1) year period by resolution. If construction has not been commenced during he one (1) year period or extension thereof reversion to the former zoning classification(s) shall be recognized by resolution of City Council.
(Ord. 14-42. Passed 10-27-14.)

1128.07 FEES.

   Fees, in the amounts required by Chapter 1105 of these Codified Ordinances shall be submitted with the General and Final Development Plans.
(Ord. 14-42. Passed 10-27-14.)