It is recognized that traditional zoning, with its segregation of uses and rigid dimensional requirements may not be suitable in all situations to best achieve the objectives of the City relative to desired land use and preservation of its resources and character. In order to permit and encourage more creative and innovative land development for the benefit of the community as a whole and in furtherance of the vision and goals of the City of Fairlawn, planned unit development may be permitted as a zoning district to achieve the following purposes:

   (a)   Provide for flexibility in development that will result in a better project for the developer, residents and users, as well as for the City in general;

   (b)   Accomplish a more desirable and sustainable built environment than would be possible through the strict application of minimum requirements of this Code;

   (c)   Encourage the redevelopment of properties into vibrant, economically successful areas that further define Fairlawn’s sense of place;

   (d)   Encourage a mixture of complementary uses where appropriate, allowing for integration of multiple uses vertically and horizontally, with an emphasis on the pedestrian environment;

   (e)   Encourage the utilization of open space and the development of recreational amenities generally located within walking distance of all living units;

   (f)   Encourage the efficient use of land by facilitating economical and suitable arrangements for buildings, streets, utilities and other land use features.

(Ord. 2016-062. Passed 8-15-16.)

   At a minimum, all proposed planned unit developments shall meet the following qualifying conditions, as applicable, to be considered for approval:

      (1)   Rezoning the property to PUD will not result in a significant adverse effect upon nearby properties;

      (2)   The proposed uses will enhance the character of the surrounding area;

      (3)   The purpose and qualifying conditions of the PUD District can be achieved within a smaller area; and

      (4)   PUD zoning is not being used as a means to circumvent conventional zoning requirements.

 

 

      (1)   Removal or renovation of deteriorating buildings, sites or contamination clean-up;

      (2)   A complementary and desirable mix of land uses or housing types;

      (3)   Connectivity of pedestrian spaces with adjacent parks, public spaces, greenways, public trails, or commercial centers;

      (4)   Preservation of significant natural features;

      (5)   Creation of significant public spaces greater than otherwise required, including but not limited to plazas, greens, squares, outdoor eating areas, enhanced streetscapes, parks, and pocket parks;

      (6)   Preservation of common public space beyond the minimum required;

      (7)   Coordinated development of multiple small lots or parcels.

(Ord. 2016-062. Passed 8-15-16.)

   Any land use or combination of land uses listed as permitted, conditional, or accessory in any B, M, or R district may be considered for inclusion within a planned unit development, with the following exceptions, which shall not be permitted:

 

(Ord. 2016-062. Passed 8-15-16.)

 

      (1)   Dedicated common public space is provided in excess of the minimum required, per Section 1273.04(d)(1).

      (2)   One or more parking structures are proposed to meet the minimum parking requirements of this Code.

      (3)   Varying housing types (e.g., single family detached, two-family, townhomes and/or multiple family) will be incorporated into the development.

      (4)   Low impact design (LID) techniques will be employed to minimize storm water runoff and impacts to the City’s storm water sewer system.

      (5)   Additional dedicated paths for pedestrians and cyclists are constructed throughout the development and connecting to adjacent properties and streets.

      (6)   Three or more public benefits, as identified in Section 1273.02(g), will be achieved.

      (1)   The area of common public space shall not be less than 10 percent of the total land area in. Land dedicated for recreation shall count toward the common public space requirement. All common public space shown on the Final Development Plan must be reserved or dedicated by conveyance of title to a corporation, association or other legal entity, by means of a restrictive covenant, easement or through other legal instrument. The terms of such legal instrument must include provisions guaranteeing the continued use in perpetuity of such open space for the purposes intended and for continuity of proper maintenance of those portions of the open space requiring maintenance.

      (2)   The public space shall meet the following minimum dimensional, contiguity and connectivity requirements:

         A.   The required open space shall be prominently located, along the street frontage of the development to protect or enhance views, located to preserve significant natural features, adjacent to dwellings or commercial users, and/or located to interconnect other open spaces throughout the development or on contiguous properties.

         B.   Required open space areas shall be of sufficient size and dimension and located, configured, or designed in such a way as to achieve the applicable purposes of these regulations and enhance the quality of the development. The open space shall neither be perceived nor function simply as an extension of the rear yard of those lots abutting it.

         C.   If the site contains a lake, stream or other body of water, the City may require that a portion of the required open space shall abut the body of water.

         D.   All required open space areas shall be configured so the open space is reasonably accessible to and usable by residents, visitors and other users of the development. The minimum size of a required open space area shall be 5,000 square feet; provided, however, that the required open space abutting a public street may be less than 5,000 square feet; and, further provided, that the Planning and Zoning Commission may approve other open space areas of less than 5,000 square feet if these areas are designed and established as pedestrian or bicycle paths or are otherwise determined by the Planning and Zoning Commission to be open space reasonably usable by residents, visitors and other users of the development. The minimum average dimension of a required open space area shall be 50 feet.

         E.   Open space areas are encouraged to be linked with any adjacent open spaces, public parks, bicycle paths or pedestrian paths.

         F.   A sign, structure, or building may be erected within the required public space if it is determined to be accessory to a recreation or conservation use or an entryway. These accessory structure(s) and building(s), shall not exceed, in the aggregate, one percent of the open space area. Accessory structures or uses of a significantly different scale or character than abutting residential districts shall not be located near the boundary of the development if they may negatively impact the residential use of adjacent lands as determined by the Planning and Zoning Commission.

         G.   The following areas shall not qualify as required common open space for the purposes of this section.

            1.   The area within any public street right-of-way.

            2.   The area within private road easements.

            3.   Any easement for overhead utility lines.

            4.   Fifty percent of any steep slopes (12 percent or over) and habitats of endangered species.

            5.   Fifty percent of any lakes, streams, detention ponds, wetlands or floodplains that are not generally accessible within the development. “Accessible” shall mean that the feature is bordered by a substantial open space area, park, playground, pathway or reasonable means of access for enjoyment of all owners, visitors or others, in which case the total area may qualify as required common open space.

            6.   The area within a subdivision lot.

            7.   Land within any required yard or setback area.

            8.   Parking and loading areas.

            9.   Fifty percent of the area of any golf course.

         A.   Variations in facade elements shall be incorporated into all sides of buildings to minimize the perceived mass and scale:

            1.   Variations in color and/or texture shall be used.

            2.   Any building facade that faces a public street shall be architecturally varied to avoid monotony or the appearance of a blank wall. Compositions that express rhythms and patterns such as windows, columns, pilasters, trellises, wall indentations, arcades, material changes, awnings, canopies, porticos, clerestory, brackets, arches or other features shall be incorporated into the building design in approximately 15 to 35 foot increments to “break-up” the building façade and add interest along the street edge.

         B.   Main entrances shall be clearly identifiable from primary driveways and drop-offs:

            1.   Building entrances shall contrast with the surrounding wall plane.

            2.   Tinted glass, painted doors, or recessed features shall be used to create a shaded effect.

            3.   Doorways shall be framed.

            4.   Primary entrances shall be accessible to handicapped users without complex ramp systems.

            5.   Buildings must incorporate variation in height, mass, roof forms and changes in wall planes in the architectural design to mitigate the linear effect of “strip” development. Physical separation of one building into two or more buildings or facade changes that give the appearance of two or more buildings shall be employed.

            6.   To provide continuity and harmony, some of the materials and architectural features used on the street-facing façade(s) shall be incorporated into all other façades that are visible from a public street, alley, residential use, or parking area.

            7.   The minimum height of all buildings within this district shall be 16 feet.

            8.   The width of building façades along a public street shall be a minimum of 60 percent of the lot width. Significant architectural appurtenances (such as balconies and porches) or outdoor activity space accessory to the use of the building (such as restaurant seating) may be included in the minimum width calculation.

         A.   Exterior building materials shall be factory finished, stained, integrally colored, or otherwise suitably treated. Materials shall be limited to:

            1.   Brick.

            2.   Stone veneer; cultured or natural.

            3.   Insulated glazing and framing systems.

            4.   Architectural pre-cast concrete.

            5.   Painted or stained site-cast concrete.

            6.   Architectural concrete.

            7.   Factory finished, standing seam metal roofing (for application to pitched roof systems only).

            8.   Architectural metal as building accent only.

            9.   Wood.

            10.   Cementitious siding.

         B.   Highly reflective materials such as bright aluminum or metal are not permitted as the primary building material.

         C.   Smooth faced concrete block, tilt-up concrete panels, or metal siding is prohibited on any façade facing a street and not to exceed more than 25 percent of any other façade.

         A.   Colors shall be neutral and natural tones with low reflectivity. Accent and trim colors must complement the effect of the primary building color. Bold, brash, intense, bright, fluorescent, black or metallic accent colors are prohibited, unless approved by the Planning and Zoning Commission for very limited application.

         B.   While subdued or muted colors generally work best as a dominant, overall color, a brighter color may be appropriate for accent elements, such as door and window frames, and architectural details.

         C.   Color palettes for new buildings shall be compatible with the colors of adjacent structures. Architectural detailing shall complement the facade and coordinate with adjacent buildings. Roof colors shall be muted and compatible with the dominant building color.

         A.   Sloped roofs and roof facades shall be traditional materials, natural or simulated, such as slate, wood shakes, dimensional shingles, metal standing seam, or copper.

         B.   One story buildings are required to have a sloped roof. Sloped roofs shall be a minimum 6/12 pitch and a maximum 12/12 pitch with the eave line at a minimum of 12 feet above grade.

         C.   Buildings two stories or greater may have a flat roof but shall be required to incorporate a parapet wall and cornice treatment along the entire perimeter of the roof.

         A.   All building facades facing a street shall contain at least 60 percent window glass between the height of two feet and 10 feet above the nearest sidewalk grade. Such glass shall not be tinted more than 15 percent and permit a view of the building’s interior to a minimum depth of four feet. The pattern of window glass shall continue around the corner of the building from the street frontage facade a minimum distance of 10 feet.

         B.   Reflective glass is not permitted.

         C.   The following standards apply to upper story windows, to ensure that any story above ground level continues a repeated pattern for unity and is integral to the building design. Upper story windows are generally smaller than storefront windows at street level, are spaced at regular intervals and give scale and texture to the street edge formed by building facades.

            1.   For any new installation or replacement of upper story windows, the new/replacement windows shall be clear/non-tinted glass.

            2.   Windows shall not be blocked, boarded up, or reduced in size, unless otherwise required by code for securing a vacant structure.

            3.   At least 25 percent (as measured from floor to ceiling) of the façade facing a street and above the first floor shall be window glass.

         A.   All mechanical equipment such as compressors, air conditioners, antennas, pumps, heating and ventilating equipment, emergency generators, coolers, chillers, elevator penthouses, water tanks, stand pipes, satellite dishes and communications equipment, and any other type of mechanical equipment for the building shall be completely screened from view from the public right-of-way and from adjacent properties by walls, fences, roof elements, penthouse-type screening devices or landscaping, as applicable. All roof-mounted mechanical equipment shall be screened from public view to the height of the equipment. The design, colors and materials used in screening shall be architecturally compatible with the rooftop and the aesthetic character of the building.

         B.   There shall be no exterior fire escapes.

         C.   Ground-mounted mechanical equipment shall be located at the rear of the building or, if located along a side, shall be set back as far from the street-facing façade as practicable.

(Ord. 2016-062. Passed 8-15-16.)

            1.   Name, address, phone number and email address of the applicant.

            2.   Name, address, phone number and email address of the professional or firm that prepared the plan.

            3.   Legal description of the property.

            4.   North arrow, scale and title block.

            5.   General location map.

            6.   Existing zoning on the subject property and all abutting properties.

            7.   Property boundary survey.

            8.   Adjacent buildings and structures within 100 feet of the property boundaries.

            9.   All perimeter streets abutting the property, including right-of-way width.

            10.   Existing topographic conditions (two foot intervals).

            11.   Existing natural features (woods, ponds, streams, wetlands, slopes greater than 12 percent).

            12.   Approximate location of existing and proposed utilities, including a preliminary utility and drainage concept plan.

            13.   Uses proposed within the planned unit development.

            14.   Number and type of dwelling units proposed.

            15.   Conceptual layout of the development illustrating the general location of interior streets, access points to abutting streets, common open spaces, areas to be developed by type of use, parking areas and easements.

            16.   Perspective sketches or photographs of representative building types, illustrating the proposed architectural style and building materials.

            1.   Statement of how the planned unit development meets each of the qualifying conditions specified in Section 1273.02.

            2.   Identification of the present owners of all land within the proposed project.

            3.   Explanation of the proposed character of the planned unit development, including a summary of acreage by use, number and type of dwelling units, gross density, area and percent of the project to be preserved as common open space, minimum lot sizes by type of use.

            4.   A complete description of any requested deviations, in accordance with Section 1273.04(b), from the minimum spatial or other requirements applying to the property.

            5.   An explanation of why the proposed development should be given a density bonus, if applicable, in accordance with Section 1273.04(c).

            6.   A general description of the proposed development schedule and anticipated phases.

            7.   Intended agreements, provisions and covenants to govern the use of the development, approval of building materials and architectural styles and any common open space areas to be preserved.

         A.   Action by the Planning Commission. The Planning Commission shall act on any matter before it within three (3) regularly scheduled meetings including the date of its introduction before the Commission, unless a longer time is allowed by Council.

         B.   The Commission shall recommend to Council that the Preliminary Concept Plan and planned unit development zoning be approved as presented, approved with supplementary conditions, or disapproved. The recommendation shall be based on the standards of Section 1273.06.

         C.   A proponent of Planning Commission action may waive, in writing, further proceedings before Council.

            Failure of the applicant to comply with any conditions of approval shall be considered a violation of the Zoning Code and subject to all applicable enforcement, remedies and penalties provided for in this Code.

            1.   Proposed covenants and/or deed restrictions governing the use, design, maintenance, ownership and control of development and common areas;

            2.   Identification of the entity responsible for maintenance of common areas;

            3.   Description of all deviations from the otherwise applicable zoning requirements;

            4.   Net and gross density of any residential component of the project;

            5.   Open space calculations, identifying the gross acreage and percent of lands to be preserved as common open space, including calculations by phase of the development, if applicable;

            6.   Restrictions or requirements regarding architectural style and/or building materials;

            7.   Improvements that would be the responsibility of the developer such as construction of roads, parks, utilities, pathways, sidewalks and similar elements; and

            8.   An anticipated development schedule by phase, if applicable.

(Ord. 2016-062. Passed 8-15-16.)

   In considering a planned unit development request, the Planning and Zoning Commission and City Council shall find that the proposed development meets all applicable requirements and qualifying conditions, as well as the following general standards:

(Ord. 2016-062. Passed 8-15-16.)

   Construction shall have commenced and proceeded meaningfully toward completion within 12 months of the date of Final Development Plan approval, in accordance with the following:

   (a)   If construction has not commenced within 12 months, the applicant may request one extension of up to 12 additional months. The request shall be submitted, in writing, to the Planning and Zoning Commission prior to the expiration of the original 12 month time limit and shall provide reasonable evidence to the effect that unforeseen difficulties or special circumstances have been encountered, causing delay in commencement of the PUD. If an extension is not requested or is not submitted prior to the expiration of the original time limit, the PUD Final Development Plan shall become null and void.

   (b)   In the event meaningful progress toward completion has not commenced within the original 12 month period or an approved extension, any building permits or other permits issued by the city for construction within the PUD shall be of no further effect.

   (c)   Following expiration of the time limits, the City Council may initiate proceedings to rezone the PUD site to some other district(s).

   (d)   For purposes of this section, “meaningful progress toward completion” shall mean, at a minimum, all of the following: site clearing, rough grading, and installation of infrastructure improvements such as underground utilities.

(Ord. 2016-062. Passed 8-15-16.)

   Changes to an approved Final Development Plan shall be permitted only under the following circumstances:

   (a)   The holder of an approved Final Development Plan shall notify the Zoning Inspector of any proposed change to the approved plan.

   (b)   Minor changes may be approved by the Zoning Inspector upon determining that the proposed revision(s) will not alter the basic design nor any specified conditions or commitments imposed as part of the original approval. Minor changes shall include the following:

      (1)   Reduction in building size or increase in building size up to five percent of the total approved floor area;

      (2)   Movement of building or other structures by no more than ten feet;

      (3)   Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size;

      (4)   Changes in building materials to a comparable or higher quality;

      (5)   Changes in floor plans which do not alter the character of the use;

      (6)   Changes in parking layout that do not alter the number of spaces by more than five percent of the total spaces within the parking area and do not change the location of driveways or roads providing access to the parking area;

      (7)   Changes required or requested by a county, state or federal regulatory agency in order to conform to other laws or regulations.

   (c)   A proposed change to an approved Final Development Plan that is determined by the Zoning Inspector to not be a minor change shall be considered an amendment to the approved Final Development Plan and shall be submitted and reviewed in accordance with the procedures established for the Final Development Plan. When, in the sole judgment of the Planning and Zoning Commission, the proposed change is a substantial deviation from the approved Concept Plan, the change shall be reviewed as a Concept Plan, in accordance with the provisions of Section 1273.05(b); provided, public hearings shall not be required, but may be conducted at the discretion of the Planning and Zoning Commission and/or the City Council.

(Ord. 2016-062. Passed 8-15-16.)