Brunswick City Zoning Code
APPENDIX J MARKET 42
SPECIAL PLANNING DISTRICT NUMBER 8
CHAPTER 1 - RESIDENTIAL GUIDELINES
SECTION 1.1 - OVERVIEW.
These development guidelines, together with the concept plan, comprise the conceptual development plan required by Chapter 1268 for Market 42. As such, the conceptual development plan is the zoning and development requirements for the 8.1934-acre SPD-8 area. All provisions of Part Twelve of the Brunswick Codified ordinances remain applicable to SPD-8, unless clearly indicated to the contrary in the development guidelines below. (Ord. 83-2022. Passed 10-24-22.)
SECTION 1.2 - PURPOSE.
The purpose of the Market 42 Special Planning District is to create a zoning district designed for a mixed-use project for this unique parcel which is positioned in both commercial and residential zoning districts. SPD-8 is intended to create an opportunity for flexible and innovative site design due to very challenging topography and shape of the parcel. SPD-8 would provide needed connectivity between existing residential neighborhoods through creative design of Paired Villa living in the very limited space adjacent to current residential properties while also bringing a new Market District style of shopping and dining to the Pearl Road commercial entry corridor. This mixed-use project would provide common architectural Farmhouse features throughout, while preserving the protected natural environmental features of the parcel. The Paired Villas would be dedicated parcels with fee simple ownership, with density minimized and open space maximized. More particular purposes for creating SPD-8 are as follows:
(1) To allow site designers and developers to integrate the concept of "Building Envelopes", within which all structures and their respective appurtenances shall be constructed.
(2) To allow site designers and developers to use ingenuity and imagination in keeping with the overall land use and open space objectives of the Comprehensive Plan, while departing from the strict application of use, setback, lot size and related requirements of the Zoning Code to accommodate this mixed-use development.
(3) To allow more creative and flexible design of the built environment than possible with existing zoning, to allow an integrated connectivity and range of compatible use between the residential and commercial components of the development. This flexibility will further harmonize the transition between residential and commercial zones of adjacent parcels.
(4) To allow creative use of the clustering and density averaging concepts to concentrate both Paired Villas and commercial interactivity on the site in order to maximize common open space and to protect and preserve the unique natural features of the site. By clustering homes in the manner described, more of these unique features, including trees, natural buffers and wetlands will be preserved than would be under traditional zoning.
(Ord. 83-2022. Passed 10-24-22.)
SECTION 1.3 - RESIDENTIAL USES.
(1) Permitted Accessory Uses. Residential signs as regulated by Chapter 1270 and any use or structure which is accessory and incidental to an SPD-8 permitted use.
(2) Permitted Uses Residential. Fee Simple Lots supporting attached two-story Paired Villa dwellings with option of patios and/or raised decks subject to the SPD development guidelines and the site plan review procedures in Chapter 1278.
(Ord. 83-2022. Passed 10-24-22.)
SECTION 1.4 - RESIDENTIAL DENSITY, SEPARATION & FLOOR AREA
REQUIREMENTS.
(1) Density. Maximum anticipated density shall be 3.2 units per acre, which shall be calculated based upon the developable net acreage of the District, less the areas designated for commercial use.
(a) Such areas shall include the Principal Commercial structure and associated parking for patrons of the commercial aspect of the District.
(2) Minimum Front Yard Widths. Public Street with 50' ROW: 19 feet from front of structure to right of way line, Back of Sidewalk will be 1' inside R/W. Allowing for 20' from back of sidewalk to front of building envelope.
(3) Minimum Building Separation.
(a) Building envelopes shall be located a minimum of 15 feet from the SPD-8 boundary on all sides with the exception the northern boundary, which shall require a minimum of 45', as per the attached exhibit of the preliminary subdivision plan. Building Envelopes shall be at a minimum 15 feet from any other Building Envelopes. Structures shall by rule also be a minimum of 15 feet from each other. Notwithstanding roof overhangs and gutters, 24" of variance outside of the building envelope will be given to roof or building overhangs, gutters and downspouts, fireplaces and bay windows.
(b) Any Decks or Patios either on grade or raised must also fit inside of the Building Envelope provided.
(c) A Minimum of 50' of separation shall be maintained between residential units and principally permitted commercial structures within and adjacent to the District.
(4) Maximum Building Height.
(a) Principally permitted building: 35 feet.
(5) Minimum floor area.
(a) Minimum Living Area - Single Floor (Ranch) Building Type 1,600 Square Feet
(b) Minimum Living Area Multiple Floor Building Type (Two Story) Up or Down 1,800 Square Feet
(c) Lower Level Finished Space Area for Buildings Constructed with Daylight Windows of 36" Height or greater or Walk Out-Doors shall not be considered Living Area for Square Footage calculation of Total Living Area.
(d) Outdoor Living Area - Each unit will be provided with a minimum 200' of outdoor living immediately to the rear of each Paired Villa, and within the Building Envelope of same unit. This Outdoor Living Area will have no measure less than 10 '.
(Ord. 83-2022. Passed 10-24-22.)
SECTION 1.5 - RESIDENTIAL DEVELOPMENT STANDARDS.
(1) Unit Types. Unit types shall be Paired Villas containing 1 and/or 2 dwelling units per building. All dwelling units shall have direct access to the outdoors without use
of a common walkway. Units shall be individually owned as fee simple lots as defined in these development guidelines.
(2) Landscaping. Landscaping shall comply with the requirements of Chapter 1282. To the extent possible, the existing trees on the site will be preserved where possible and integrated with new plantings to maintain the natural look and feel of the site and to provide and maintain natural buffers with surrounding properties.
(3) Design Standards:
(a) Overall Design - of all residential units will be the 'modem farmhouse' conceptual design, as presented with all SPD-8 entitlement submittals.
(b) Primary Entryways (Front Door) - shall be compatible with the building as a whole and with the door themselves.
(c) All Structures - shall have Architectural Continuity of Design, using the 'modem farmhouse' as the overriding design standard.
(d) Elevations - Natural stone shall be present up to the bottom of the first floor windows on all street facing primary elevations; stamped brick to grade shall be permitted on all other non-street facing elevations. The balance of the Structure shall be Vinyl Vertical Board & Batten Siding and Horizontal Vinyl Siding with dark windows. On all street facing elevations, structures shall use offsets, projections, recesses and other comparable design elements to avoid long, uninterrupted wall or roof planes, and Modem Farmhouse textures and materials will be used to enhance the overall Farmer's Market styling.
(e) Garage Doors - shall be white and gridded or textured to conform to the Modem Farmhouse concept. Garage doors shall be a maximum of 2' forward (towards the primary access street) of either the front wall of the main living area, if there is no covered porch; or the front porch line, provided the porch is covered with a roof and has a concrete frost depth foundation. In no instance shall the garage door be more than 6' in front of the main living area.
(f) Sidewalks - shall form a network of pedestrian paths with a logical continuity. Walks shall be designed around large trees and outcroppings without being overly rigid in their placement. Walkability of the neighborhood for residents and connectivity to both neighboring residential properties and the commercial corridor shall be given priority in site design.
(g) Open space areas shall be planted with trees, shrubs, hedges, ground covers and grasses, unless existing vegetation is to be retained. Landscaping shall be integrated with other functional and ornamental site characteristics to reinforce the character of the area.
(h) Parking - for each dwelling shall have 2 parking spaces per unit in a garage which is physically attached to and directly accessible from the dwelling unit. Each dwelling unit shall also have a drive specified above wherein 2 standard automobiles can be parked as well.
(i) Street parking - will be limited to one side of the street, opposite of hydrants, and will not be permitted within the cul-de-sacs. This will allow for the reasonable accommodation and clear path of entry and egress for fire and other emergency vehicles to and from the site.
(j) Exposed Foundation Walls - Exposed foundation walls shall be covered with brick, stone, masonry or vinyl siding on primary street facing elevations. Exposed formed-in-place concrete is acceptable no more than 4 inches above grade on front elevations and 16 inches above grade on side and rear elevations.
(4) Street Lighting:
(a) Shall be installed as Required by City of Brunswick Guidelines at Intersections and Cul De Sacs.
a. Such street lighting shall be appropriately sized and downward directional lighting shall be Selected.
(b) Lighting will be provided by each dwelling unit in the form of an Electric Lamp Post installed in a uniform location. Lamp Posts shall be installed 24" to the house side of the sidewalk for homes with a sidewalk. For homes without a sidewalk, Lamp Posts shall be installed in the same location as if a sidewalk existed.
(c) Said lights and location shall be uniform in design and location throughout the Market 42 neighborhood.
(d) Post light to be selected and designed to limit light pollution upwards and focus light downward.
(e) Light bulbs and colors shall remain uniform as approved by the Market 42 Homeowner's Association.
(Ord. 83-2022. Passed 10-24-22.)
CHAPTER 2 - COMMERCIAL GUIDELINES
SECTION 2.1 - COMMERCIAL USES.
(1) Permitted Accessory Uses. Commercial signage in accordance with this SPD-8 and any use or structure which is accessory and incidental to an SPD-8 permitted use. Such permitted commercial signage shall include those as defined in Ordinance
1270.15 (b) as;
a. Free-standing signs;
b. Ground signs;
c. Illuminated signs;
d. Indirectly illuminated signs;
e. Murals;
f. Electronic Moving Message/Digital Display Signs; and
g. Monuments.
(2) Principally Permitted Uses Commercial. Commercial space shall be limited in its principal use to activities involving the following;
a. Retail businesses;
i. Retail uses shall principally include those pertaining to the preparation, sale, and service of food and other consumable items.
ii. The sale of wine, beer and spirits shall be permitted in accordance with the laws of the State of Ohio.
iii. Other Ancillary Retail enterprises are permitted, so long as they are complimentary to the principal use of the District and conform to these SPD guidelines.
i. Such Ancillary Retail enterprises include, but are not limited to florists, merchandisers, beauty products, etc.
b. Restaurants, taverns;
c. Professional offices, not to exceed 15% of the enclosed building space;
d. Event Space;
i. General common use Event Space is not to exceed 35% of the indoor area and outdoor terrace.
(3) Conditionally Permitted Uses - Commercial. Conditionally Permitted Uses shall be permitted in the District, so long as these activities do not comprise more than a maximum of 30% of the Commercial space in the District. Such Conditionally Permitted Uses include;
a. Financial institutions;
i. Freestanding exterior ATMs shall not be permitted
b. Personal services;
(4) Use Restrictions Commercial. In no event shall any business in the SPD-8 District consist of the following, as defined by the Codified Ordinances of City of Brunswick;
a. Payday Lenders;
b. Automobile filling stations;
c. Automobile service or repair stations;
d. Sexually-oriented or 'adult-themed' businesses;
e. Any other use not specifically listed.
(Ord. 83-2022. Passed 10-24-22.)
SECTION 2.2 - YARD AND HEIGHT REQUIREMENTS.
(1) Front Yard Setback for commercial properties shall be a minimum of 30 feet from the Pearl Road Right of Way.
(2) Side Yard Setback for commercial properties shall be a minimum of 15 feet from any adjacent commercial use.
(3) Maximum Building Height for commercial structures shall be no greater than 35 feet.
(4) Rear Yard Setback for commercial properties shall be a minimum of 20 feet from any adjacent commercial or residential property line.
(a) In no event shall any commercial structure encroach within these defined setbacks, however, such Side and Rear Yard Setbacks shall not apply to designated parking areas designed to maximize patronage to such commercial businesses within the structure.
(b) The parking setback from the side and rear property lines shall be a minimum of 5 feet.
(5) Front Yard Zone. No part of the primary commercial structure shall exist within the Front Yard Setback. Designated commercial signage in conformance with this SPD-8, patio and recreational areas, as well as ingress and egress areas to and from the property are however principally permitted to exist within such Front Yard Zone.
(6) Use Separation. A Minimum of 50' of separation shall be maintained between residential units and principally permitted commercial structures within and adjacent to the District. (Ord. 83-2022. Passed 10-24-22.)
SECTION 2.3- COMMERCIAL DEVELOPMENT STANDARDS.
Exterior building materials are permitted to match the material design palette. This will include:
(1) Pre-finished standing seam metal roof
(2) Aluminum storefront window/door glazing
(3) Pre-finished vertical ribbed metal siding
(4) Pre-finished smooth panel metal siding
(5) Masonry brick veneer
(6) Stained wood or composite trim boards
(7) Break metal trim
(8) Formed concrete consistent with the design intent
Exposed foundations min. 4" above grade will be finished with parge coat for consistent finish or covered with brick, stone, painted or integral color masonry, or metal siding. (Ord. 83-2022. Passed 10-24-22.)
CHAPTER 3 - GENERALLY APPLICABLE GUIDELINES
SECTION 3.1 - COMMON OPEN SPACE.
(1) Common open space shall be a minimum of 30 percent of the net acreage (excluding right of ways) of the SPD-8 area and shall be reserved in perpetuity for such use. Common open space shall be designed, and appropriate instruments shall be created according to the criteria established below and within these SPD-8 Guidelines.
(2) Open space shall be available and accessible to all residents of the City of Brunswick and shall be designed primarily for their use. Common open space shall be exclusive of all streets, non-recreational buildings and individually owned building envelopes.
(3) Common open space areas may be improved with appropriate recreation facilities and structures, such as pavilions or other recreational features.
(4) Significant natural amenities, such as outcroppings, tree stands, ponds, ravines and stream channels should be left in their natural state and considered part of the
required open space, subject to these standards.
(a) Retention basins present on the property shall be both functional and recreational in nature and will be designed for the use and enjoyment of pedestrians and residents of the City of Brunswick.
(b) Delineated Wetlands Areas shall be accounted for as part of the Common Open Space but shall not be disturbed or accessible to pedestrian traffic other than the use of designated trails and/or boardwalks throughout the Delineated Wetlands Area. This shall ensure that these environmentally beneficial and significant natural features are preserved for the benefit of the residents of the City of Brunswick.
(5) Common open space shall be designed as to accommodate a network of spaces offering pedestrian access throughout SPD-8 and to maximize the number of homes which are adjacent to the open space.
(Ord. 83-2022. Passed 10-24-22.)
SECTION 3.2 - COMMON OPEN SPACE DISPOSITION.
(1) Intent. The design standards in this section are intended to insure adequate open spaces, recreation areas and related design standards for the benefit of the residents of the SPD-8 area.
(2) Common Open Space. The development in the SPD-8 area shall provide common open space equal to a minimum of 30 percent of the development area, excluding right-of-way. As used in this chapter, common open space includes outdoor areas or enclosed recreational areas designed for use by all of the residents, and their guests, of the SPD-8 development. Common open space includes lawns and other landscaped areas, natural areas, paved terraces and sitting areas and indoor or outdoor recreation areas. Common open space excludes vehicle parking or circulation areas, and individually controlled building envelopes. Common open space in excess of the above minimum may be considered for park and recreation credits as provided in Chapter 1232.
(3) Public Recreational Space. The SPD will include recreational trails and amenities linking both the commercial and residential portions of the District with adjacent residential properties. These trails and amenities will be publicly accessible and will contribute to the enhancement of pedestrian activity in the City of Brunswick. The Public Recreational Space however will be screened from private residences so as to ensure a buffer between public and private uses. The maintenance costs for the Public Recreational Space shall be split between the commercial and residential entities encompassing the District in an agreement satisfactory to both parties involved.
(4) Private Outdoor (Open) Space. Each Building Envelope shall contain private outdoor space in the fee simple lot. Private open space shall not occupy any portion of the common open space or recreation space required in subsections (1) and (2) above. Private Outdoor Space shall be contained within the Building Envelope for each Paired Villa residence. Private open space shall be specifically designed and constructed to be used and enjoyed by the residents of an individual dwelling unit and shall be located adjacent to and reasonably accessible from the dwelling unit. The Designated Private Open Space area of the Building Envelope can be built on and used as outdoor living area.
(5) Exclusions. Stormwater Management areas may receive full credit towards the common open space requirement.
(Ord. 83-2022. Passed 10-24-22.)
SECTION 3.3 - SUPPLEMENTAL REQUIREMENTS.
(1) Planning Commission Modification. The Planning Commission may modify the strict requirements of the development guidelines if it finds that privacy, light and openness are improved because of skillful design in the arrangement of buildings, open spaces, landscaping or other site features. The Commission shall not decrease the yard width, common open space, or private open space requirements in order to allow the maximum number of units permitted in SPD-8, nor shall the Commission increase the maximum allowable density permitted in SPD-8.
(2) Site Plan Review. Each development phase of SPD-8 shall require review and approval of site plans as provided in Chapter 1278, including approval by City Council. Site plans shall clearly depict the required common open space and private open space areas, including proposed improvements thereto, required by the development guidelines. Site plans shall also comply with the provisions of Chapter 1276 Parking and Site Design and Chapter 1282 Landscaping and Screening.
(3) Supplemental Provisions. In reviewing the Market 42 SPD-8 development plan, or any portions thereof, the Planning Commission may attach written supplemental provisions to the plan. These supplemental requirements may be adopted by the Commission without a public hearing or action by City Council.
(Ord. 83-2022. Passed 10-24-22.)
SECTION 3.4 - DEFINITIONS.
As used in these development guidelines, certain terms are defined as follows:
(1) Paired Villa unit: an ownership arrangement where the individual unit owner holds fee simple title to the land beneath the foundation and may also own some amount of land around the foundation. A Paired Villa may be a detached structure or may be attached to other dwelling units within the same structure. (Ord. 83-2022. Passed 10-24-22.)