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Bexley City Zoning Code

CHAPTER 1256

Planned Unit Development District

1256.01 PURPOSE.

   It is recognized that generally on larger sites, and with careful, thoughtful planning certain advantages can be gained by allowing greater flexibility in the land use types and development standards. The PUD District is intended to allow greater flexibility in land use and development standards while still insuring a compatible relationship to nearby uses.
   The purpose of a planned unit residential development is to:
   (a)   Promote variety, flexibility and quality for the development of properties in the City of Bexley.
   (b)   Allow for the design and mix of uses necessary to meet changing economic and demographic demands.
   (c)   Allow a more flexible plan of development than the traditional one house-one lot development.
   (d)   Promote more economical and efficient use of the land.
   (e)    Encourage imaginative design and the creation of permanent open space by permitting greater flexibility in zoning requirements than is generally permitted by other sections of this title.
   (f)   Encourage development of a variety of housing types.
   (g)   Provide for maximum efficiency in the layout of streets, utility networks and other public improvements.
   (h)   Permits implementation of development standards, plans, studies, and guidelines adopted by the City Council.
      (Ord. 29-16. Passed 11-15-16.)

1256.02 PERMITTED LOCATION AND SIZE.

   A PUD may be located in a residential or commercial zone and only on a contiguous parcel with an area of 2 acres or more. Council may grant a Special Use Permit for a PUD of less than 2 acres.
(Ord. 29-16. Passed 11-15-16; Ord. 08-20. Passed 7-14-20.)

1256.03 PERMITTED USES.

   The following, with approval by Council:
   All permitted uses of any zoning district in this Zoning Code. The mix of uses allowed in a PUD shall meet changing economic and demographic demands; permit implementation of development standards, plans, studies and guidelines adopted by the City Council; and/or provide the opportunity to retain and enhance the character of the City, and the health, safety and general welfare of the inhabitants.
(Ord. 29-16. Passed 11-15-16.)

1256.04 RELATIONSHIP TO OTHER ORDINANCE PROVISIONS.

   The relationship of PUD districts to other planning and zoning ordinance provisions is as follows:
   (a)   Zoning Requirements. The specific setback, lot size, height limits and other dimensional requirements are waived, and the regulations for PUD's shall be those indicated in Section 1256.05.
   (b)   Platting Requirements. A PUD shall be exempt from the specific design requirements of the Subdivision Ordinance, except that when any parcel of land in a PUD is intended for individual ownership, sale or public dedication, the platting and procedural requirements of the Subdivision Ordinance and applicable state laws pertaining to the subdivision and conveyancing of land and the preparation of maps shall be followed.
   (c)   Drainage, Stormwater and Erosion Control Plan. PUD development applications shall not be approved until a drainage, stormwater, and erosion control plan has been approved pursuant to City adopted policies.
   (d)   Certificate of Appropriateness. A certificate of appropriateness shall be issued by staff if the proposal is in compliance with approved PUD standards. Any proposed minor modifications to the PUD standards shall require BZAP review and approval. Any major modifications to the PUD standards shall require a recommendation by BZAP to City Council and approval by City Council.
(Ord. 29-16. Passed 11-15- 16; Ord. 08-20. Passed 7-14-20.)

1256.05 DEVELOPMENT STANDARDS.

   The following standards shall govern the interpretation and administration of this section:
   (a)   Relationship of PUD Site to Adjacent Areas. The design of a Planned Unit Development shall take into account the relationship of the site to the surrounding areas, particularly the impact on the quality of life and character of immediately adjacent and surrounding neighborhoods and the City. The perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PUD.
   (b)   Minimum Lot Requirements. The minimum lot size for the overall PUD is 2 acres. The minimum lot width is 250 feet.
   (c)   Minimum Lot Size within a PUD. The minimum lot size provisions of other sections of the Zoning Ordinance are waived in a Planned Unit Development.
   (d)   Density. A dwelling unit density of not more than fifty percent greater than that permitted by highest adjacent residential zone, rounded to the nearest whole number, provided that the open space amenities described in Section 1256.06 are met. Density increases consistent with the comprehensive plan may be allowed if the proposed development can be demonstrated to better meet natural resource protection, sustainable building design, or transit-oriented development goals. No specific commercial densities are established, but should be compatible with the character and scale of established adjacent districts and of established City plans and area design guidelines adopted by City Council.
   (e)   Maximum Coverage. Building coverage and development of the site shall not exceed the percentage permitted by highest adjacent residential zone unless determined to be in conformance with adopted City plans and area design guidelines adopted by City Council.
   (f)   Landscaping Required. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the Tree and Public Gardens Commission. Natural landscape features which are to be preserved, such as existing trees, drainage ways, etc., may be accepted as part of the landscaping plan.
   (g)   Setback and Side Yard Requirements. Setbacks from the exterior boundary line of the PUD area shall be comparable to or compatible with those of the existing development of adjacent properties, or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties or the Land Use Strategy adopted by City Council.
   (h)   Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between buildings may be waived in a PUD. Buildings may have common walls and, therefore, built to the property line as in townhouse construction.
   (i)   Minimum Building Separation. Wherever buildings are separated, a minimum distance of ten feet shall be maintained between such buildings.
   (j)   Off-Street Parking. Off-street parking shall be provided in a PUD in the same ratios for types of buildings and uses as required for the underlying zoning district, and as described in Chapter 1262. Board of Zoning and Planning may grant reduced parking in demonstrated cases of shared parking for compatible uses or reduced demand based on specialized development patterns focused on transportation alternatives.
   (k)   Overlay Districts. Any PUD located in an Overlay District or Architectural Review District as defined in the Codified Ordinances of the City of Bexley shall comply with the development standards of the District, except as otherwise provided to expressly vary in the Preliminary Plan.
   (l)   Retail. Individual retail uses in any PUD shall be limited to 20,000 square feet in area.
(Ord. 29-16. Passed 11-15-16; Ord. 08-20. Passed 7-14-20.)

1256.06 OPEN SPACE STANDARDS.

   The following standards shall govern the interpretation and administration of this section:
   (a)   Common Open Space. Each Planned Unit Development shall dedicate not less than 25% of the gross land area of residential subdistricts for common open space for the use of its residents.
   (b)   The area proposed for open space shall be within the PUD and within reasonable walking distance of all dwelling units in the PUD.
   (c)   Where practical, the proposed dedicated property shall be located adjacent to other established or planned park and recreational areas in adjacent developments, schools, or City parks.
   (d)   Access. Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security.
      (Ord. 29-16. Passed 11-15-16.)

1256.07 PRELIMINARY REVIEW.

   The following procedure shall be followed in advance on the submittal of PUD development applications:
   (a)    Pre-application Conference. Before filing any application for a planned unit residential development the applicant shall submit preliminary plans to the Building Department for staff and the Board of Zoning and Planning information and review.
(Ord. 29-16. Passed 11-15- 16; Ord. 08-20. Passed 7-14-20.)

1256.08 PRELIMINARY DEVELOPMENT PLAN.

   The following procedure shall be followed for the review and approval of PUD Preliminary Development Plan applications:
   (a)   Preliminary Development Plan. Preliminary approval shall be required of a detailed development plan by Council, with review and written advice from the Board of Zoning and Planning. Following the pre-application conference, the applicant shall submit a formal preliminary application for staff. The preliminary development plan shall include the following documents:
      (1)   Application form indicating:
         (A)    Existing zoning
         (B)    Total site area
         (C)    Gross area of site in acres.
         (D)    Total number of dwelling units
         (E)   Total square footage of commercial uses
         (F)    Density
         (G)    Usable open space in acres.
         (H)    Common open space as percentage of overall residential areas.
      (2)    Legal description of site and statement of present ownership
      (3)    Description of the natural setting, including slope, topography, significant land forms, streams and rivers, trees and other vegetation, and scenic assets.
      (4)    Development schedule including dates of start, completion and phasing
      (5)    Intent as to final ownership, including plans for rental, sale or combination
      (6)    Site development map(s) depicting
         (A)    Topographic lines at five-foot intervals
         (B)    Water courses and flood hazard areas
         (C)    Natural features including major land forms and areas of significant tree cover
         (D)    Property lines; easements
         (E)    Existing streets
         (F)    Configuration and function of all buildings, noting proposed heights of each and distance between property line and nearest buildings
         (G)    Vehicular circulation, parking area, loading areas and storage areas (indicate number of parking spaces for use)
         (H)    Pedestrian circulation
         (I)    Areas of public and private open space
         (J)    Recreational facilities, if any
         (K)    Preliminary landscaping showing areas of tree removal, retention or addition
         (L)    Site grading plan
         (M)    Graphic scale with north arrow, date and title
         (N)    A map of the vicinity within 500 feet of the proposed development showing significant land features and buildings
         (O)    Any additional information required by staff and the Board of Zoning and Planning as necessary to evaluate the character and impact of the proposed PUD.
      (7)   Text detailing development standards for the proposed development, including site layout, architectural standards for all buildings including accessory structures, landscaping, lighting, signage, roadways, public facilities, and such other elements requested by the Board of Zoning and Planning.
      (8)   Description of anticipated traffic impacts of the proposed PUD. A traffic study shall be provided by the applicant, if required by the City.
   (b)    If the application meets the minimum requirements, it shall be reviewed at a public hearing held by the Board of Zoning and Planning. The Board of Zoning and Planning shall examine the proposal at the public hearing and consider the Preliminary Development Plan, information presented by the applicant, any technical planning assistance and the public.
   (c)    The Board of Zoning and Planning shall decide if the proposal meets the requirements and conforms to the intent of this code and the comprehensive plan. The Board of Zoning and Planning may approve, disapprove, or impose changes or conditions of approval within 30 days from the date of the hearing unless the applicant consents to an extension of such time period.
   (d)    A copy of the Board of Zoning and Planning action, or written recommendations shall be forwarded to the applicant and City Council. The City Council shall act upon the recommendation within a reasonable time after receipt of the Board of Zoning and Planning's report. The City Council may approve, approve with modifications, refer back to the City Board of Zoning and Planning, disapprove, or provide written explanation to the applicant on why an extension is required for City Council action. City Council action shall be based upon the record of the Board of Zoning and Planning.
   (e)    Within a maximum of six months following the approval of the preliminary development plan, the applicant shall file with the Board of Zoning and Planning a Final Development Plan containing the information required in detail. The Board of Zoning and Planning may, upon determination of just cause, extend the period for filing of the final development plan up to six months.
   (f)    If the applicant fails to apply for Final Development Plan approval for any reason, the Preliminary Development Plan approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to the zoning and subdivision codes previously in place.
(Ord. 29-16. Passed 11-15-16; Ord. 08-20. Passed 7-14-20.)

1256.09 FINAL DEVELOPMENT PLAN.

   The following procedure shall be followed for the review and approval of PUD Final Development Plan applications:
   (a)    The Board of Zoning and Planning shall review the Final Development Plan application and staff recommendations. One minimum requirement for approval shall be that the Final Development Plan does not vary substantially from the previously approved Preliminary Development Plan. The Final Development Plan shall be deemed sufficiently consistent with the Preliminary Development Plan provided modification by the applicant does not involve one or more of the following:
      (1)    Violate any provisions of this section.
      (2)    Involve a reduction of more than 10 percent of the area reserved for common open space and/or usable open space.
      (3)   Increase the total ground area covered by buildings by more than 10 percent.
      (4)    Increase density or number of dwellings units by more than 10 percent
      (5)   Increase the square footage of commercial space by more than 10 percent.
      (6)    Provided the increases do not exceed maximums previously established in this code.
If substantial compliance with the preliminary development plan is not established, the new plan must repeat the public hearing process for review of changes.
   (b)   In addition to the requirements for the Preliminary Development Plan, the Final Development Plan shall include:
      (1)    Description of types of dwelling units and number of bedrooms in each
      (2)   Description of the types of commercial spaces and a listing of allowable and prohibited uses.
      (3)    Description of programs for insuring continued maintenance of common areas of the development
      (4)    Landscaping plan indicating generally: the location, type and size of existing or new plant materials, street furniture and other physical features including transformers, hydrants, walls and fences, trash storage areas, and retaining walls, the location, type and height of proposed street and walkway lighting, the location and design of signs to be included. Final details may be required to be approved by the Board of Zoning and Planning subsequent to final approval.
      (5)    Architectural plans depicting general typical floor plans with dimensions, elevations or renderings sufficient to indicate the design of all structures.
   (c)    The Board of Zoning and Planning shall examine the Final Development Plan and determine whether it conforms to the approved Preliminary Development Plan. The Board of Zoning and Planning shall make a decision on the Final Development Plan within a reasonable time after the official date it has received the plan. If there is any significant discrepancy, the Board of Zoning and Planning may permit the applicant to revise the plan and resubmit it as a Final Development Plan within 30 days.
   (d)    If the Board of Zoning and Planning does not approve a Final Development Plan, their specific reasons for disapproval shall be stated in writing and made part of the public record, as well as presented to the applicant.
   (e)    Final approvals subject to modifications or conditions shall be agreed to by the applicant before formal acceptance.
(Ord. 29-16. Passed 11-15- 16; Ord. 08-20. Passed 7-14-20.)

1256.10 CHANGES TO DEVELOPMENT PLAN.

   Any changes in the Preliminary or Final Development Plan, after approval through the above procedures shall:
   (a)    Be reviewed by the Board of Zoning and Planning to determine if a new plan should be submitted.
   (b)    Changes in the Final Development Plan may be approved by the Board of Zoning and Planning, provided that such changes do not:
      (1)    Change the use or character of the development
      (2)   Increase overall coverage of structures
      (3)    Increase density
      (4)   Reduce the amount of open spaces
      (5)    Change the general location or amount of land devoted to specific uses.
   (c)   Changes may include minor shifting of the location of buildings, utility easements, public open spaces, or other similar features of the plan.
      (Ord. 29-16. Passed 11-15-16.)

1256.11 EXPIRATION OF AUTHORIZATION.

   (a)    If no construction has begun within one year of final approval of the PUD Final Development Plan, the approval shall expire. The Board of Zoning and Planning may extend approval for an additional one-year period if an application for extension is received before the authorization expires. If no construction has begun at the end of this extension, the Final Development Plan shall become null and void, and a new one shall be required for any development on subject property.
   (b)    Upon the abandonment of a particular project authorized under this chapter or upon the expiration of two years from the final approval of a PUD which has not by then been completed or commenced with an extension of time for completion granted, the authorization shall expire and revert back to the previous zoning, thus the land and the structures thereon may be used only for a lawful purpose permissible within that previous zoning category.
(Ord. 29-16. Passed 11-15-16; Ord. 08-20. Passed 7-14-20.)