Brunswick City Zoning Code
CHAPTER 1268
SPD Special Planning District
1268.01 PURPOSE.
The purposes of the SPD Special Planning District are as follows:
(a) to regulate the development and use of property in areas throughout the City that contain sensitive or unique environmental, historic, architectural, or other features which require additional protections and flexibility not provided through the application of the Zoning Code;
(b) to promote creative and sensitive site planning;
(c) to provide for a greater range or mixture of compatible uses than would be allowable in the standard zoning districts of this Code, while also requiring features that protect against negative impacts of incompatible land uses or harm to the environment;
(d) to provide an effective method for the City to guide the development of such areas so as to preserve unique characteristics or to provide for the greater range or mixture of land uses when appropriate; and
(e) to create a regulatory structure which will allow more flexible and creative design of the built environment, within the limits of the approved conceptual development plan, than is possible with the lot-by-lot design approach of a conventional zoning district.
1268.02 OVERVIEW.
(a) Scope. A SP district as approved by City Council is a separate and distinct zoning district. A SP district may include any combinations of uses, lot area, setbacks, buffer areas and other features as included within the conceptual development plan approved by the Planning Commission and City Council.
(b) General Procedure. The procedures to create a SP district are generally as follows:
(1) Prior to enactment of a SP district, Planning Commission and City Council review a conceptual development plan for the entire area proposed for the SP district, as provided in Section 1268.04.
(2) The conceptual development plan, consisting of text, graphics and/or maps, is adopted by City Council as an appendix to the Zoning Code at the same time as the amendment to create the SP designation on the Official Zoning Map.
(3) The adopted conceptual development plan is the basis for preparation and review of more detailed site plans as provided in Chapter 1278 and subdivision plans as provided in the Subdivision Regulations.
(4) More specific detailed requirements and procedures are established below.
1268.03 DESIGNATION.
The SP district shall be designated by the abbreviation "SPD"- followed by a number specific to the designation on the Official Zoning Map. All property so classified is subject to the provisions of this Chapter and to the conceptual development plan adopted pursuant to this Chapter.
1268.04 CONCEPTUAL DEVELOPMENT PLAN .
For each specific SPD established by the City, a separate conceptual development plan shall be created and adopted by Council, following the procedures set forth in this Chapter. A conceptual development plan consists of maps, text and/or graphics encompassing the following three elements: the conceptual plan, development guidelines and status of uses.
(a) Conceptual Plan. The conceptual plan shall be drawn at a usable scale, shall include an accurate legal description of the proposed SPD and shall include the following as a minimum:
(1) Circulation systems identifying all major pedestrian and vehicular ways;
(2) Schematic presentation of basic land uses and their relationship to existing vegetation, topography, and other natural features of the site, including descriptions of proposed uses in the non-residential portions of the site;
(3) Density of residential areas and an indication of the structure type(s);
(4) Transitions between the SP district and adjacent districts, i.e., buffers and access. Plan must include adjoining land uses.
(b) Development Guidelines. The conceptual development plan will establish guidelines for development in the SPD, either incorporated into the conceptual plan or contained in a separate written text. The following list is to be used as a guide, but is not necessarily inclusive of all requirements.
(1) Location, size, materials and use of all buildings;
(2) Open space and density;
(3) Landscaping, buffers, screening and environmental and natural resource protection;
(4) Minimum lot areas, frontage, width, setbacks, and maximum building height;
(5) Floor area ratios, lot coverage, minimum floor area;,
(6) Parking, signage and exterior lighting;
(7) Exterior renovation, altering or demolition; and
(8) Erosion and sedimentation control.
(c) Status of Uses. Land uses shall be depicted within the conceptual development plan. The Conceptual Development Plan may be divided into subdistricts and may contain provisions for principally permitted uses, accessory uses, and conditionally permitted uses.
1268.05 LIMITATIONS AND REQUIRED CONDITIONS.
(a) Minimum SPD Area. In order to gain the full benefits of the design flexibility offered by SPD designation, the minimum area to be considered for an SP district shall be 10 acres. The Planning Commission and City Council may consider areas of less than 10 acres if they determine that the proposed SPD is necessary to achieve the purposes of Section 1268.01
.
(b) Density. The SP district shall not be used to achieve densities or other development conditions which are clearly contrary to the recommendations of the most recently-adopted comprehensive plan and contrary to the intent and the specific regulations of the existing zoning district or districts of the land proposed for SPD designation.
(c) Required Conditions. In order for City Council to create an SPD, it must first make written findings that the proposed SPD will meet the objectives of Section 1268.01
, and that one or more of the following conditions exist within the proposed SPD:
(1) A concentration of existing or proposed retail, service or industrial establishments serving as a business activity center for the community.
(2) Land that is occupied by substantial natural characteristics worthy of preservation or which are historic aids to the identification of residential communities.
(3) Lands which call for ingenuity and imagination by site designers and developers in keeping with overall land use and open space objectives of the Comprehensive Plan, while departing from the strict application of use, setback, height, lot size and related requirements of the Zoning Code.
1268.06 CONCEPT PLAN AND SPD ADOPTION.
(a) Concept Plan Review. The Planning Commission and City Council may hold joint reviews of a proposed conceptual development plan and SPD designation. They may also seek public comment on a proposed conceptual development plan through public meetings or public hearings.
(b) SPD Adoption. The establishment of an SPD requires formal amendments to the Zoning Code and Official Zoning Map according to the procedures in Section 6.02
of the Charter of the City of Brunswick, including the required public hearing. The ordinance enacting the SPD amendments shall include the required findings set forth in Section 1268.05
and shall also adopt by reference the conceptual development plan. The process of enacting a SP district and reviewing a conceptual development plan may be initiated by City Council, Planning Commission or a property owner.
1268.07 EFFECT OF ADOPTION.
(a) Code Appendix. The conceptual development plan for each SP district shall be adopted as an appendix to the Zoning Code and shall, upon its effective date, supersede any conflicting requirements of this Code. Where an SPD requirement is silent on a specific point, the appropriate sections of the Zoning Code shall apply.
(b) Site and Subdivision Plans. The approved conceptual development plan shall be the basis for preparation of more detailed site plans for individual development sites as required by Chapter 1278. The conceptual development plan shall also be the basis for preliminary and final subdivision plans as required by the Subdivision Regulations. With the approval of the Planning Commission, conceptual development plans, site plans and/or subdivision plans may be reviewed simultaneously.
(c) Changes. Changes to the conceptual development plan of more than a cosmetic nature shall also be approved by City Council by ordinance.
(d) Time Limit. Once an SP district is created, it may only be changed through the Charter provisions for zoning amendments. The conceptual development plan shall remain in effect until changed by ordinance of Council as required for the initial adoption in Section 1268.06
.
1268.08 RECORDING.
Upon approval of the conceptual development plan, City Council may direct that the terms and conditions of the approval to be recited in a recordable instrument, approved as to form by the Law Director. The recordable instrument shall recite that the conditions of the Special Planning District are covenants that run with the land and are enforceable by the City. The Law Director shall cause such terms and conditions to be recorded with Medina County.