Findlay City Zoning Code

CHAPTER 1151

Planned Unit Development PUD

1151.01 PURPOSE AND APPLICATION.

(a) Purpose. In some cases, the standard zoning district regulations do not adequately regulate or enable the range of uses in a single zoning district that are appropriate in the city.

(1) The purposes of the PUD regulations are to:

A. Provide an opportunity for a mix of land uses otherwise not permitted within the standard municipal zoning district classifications.

B. Enable greater review of design characteristics to ensure that the development project is properly integrated into its surroundings and is compatible with adjacent development.

C. Assure compatibility between proposed land uses within and around the PUD through appropriate development controls.

D. Promote economical and efficient use of land and reduce infrastructure costs through unified development.

E. Allow for innovated design

(b) Application. The Planned Unit Development (PUD) regulations combine the request for zoning with the development plan review process, and when applicable, the subdivision process.

(1) Each PUD shall be considered a separate and unique zoning district wherein a preliminary development plan, including associated text depicting the specific development standards, is adopted simultaneously with the amendment of the zoning map.

(2) PUDs adopted and established in accordance with the provisions of this chapter and the requirements contained herein shall take precedence over any conflicting regulations contained in the Zoning Code and Subdivision Regulations.

(c) Ownership. All property owners shall be a party to the PUD Application. The PUD shall be binding upon the owners, their successors and assigns and shall limit and control the issuance and validity of all certificates of zoning compliance.

(d) Size.

(1) Minimum size for a PUD is five (5) acres.

(2) The five (5) acres requirement may be waived if the project is considered an infill development.

(3) The City Planning Commission shall determine if a development is considered infill.

A. General Criteria the planning shall consider when determining infill designation:

i. The area is unused or underutilized compared to the surrounding land.

ii. Previously or currently has dilapidated or vacant structures.

iii. Utilizes existing infrastructure.

iv. Previously a brownfield site.

v. Other mitigating circumstances.

(Ord. 2023-115. Passed 12-19-23.)

1151.02 ESTABLISHMENT OF PUD.

(a) Planned Unit Development. A PUD that is adopted after the effective date of these regulations shall be established according to the following:

(1) A preliminary development plan shall be reviewed by the City Planning Commission, Planning and Zoning Committee and acted upon by the City Council.

(2) Detailed final development plans shall be reviewed and acted upon by the City Planning Commission.

(3) A preliminary subdivision plat may be reviewed simultaneously with a preliminary development plan. A final subdivision plat shall be reviewed simultaneously with a final development plan, unless a final plat has already been approved or is not required for completion of the project.

(Ord. 2023-115. Passed 12-19-23.)

1151.03 PROCEDURES.

(a) Purpose. The purpose of this section is to provide adequate review of applications for planned developments.

(b) General Provisions. Review of applications for PUDs shall be conducted in compliance with the following general provisions:

(1) Review for completeness. Each planned development application shall be reviewed for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the staff shall notify the applicant of the deficiencies.

(2) Subdivision plat approval. If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process. Preliminary development plan approval and preliminary subdivision plat approval may proceed simultaneously. Final development plan approval and final plat approval shall proceed simultaneously, unless a final plat has already been approved or is not required for completion of the project.

(c) Zoning Amendment Pre-application Meeting with Concept Plan. It is recommended that the applicant meet with the City Staff prior to applying for a PUD zoning amendment. The concept plan is intended to outline the basic scope, character and nature of a proposed project.

(d) Zoning Amendment Request. In addition to the submission requirements for zoning amendments, the applicant shall also submit a preliminary development plan and supporting documentation as required below.

(1) Preliminary development plan review procedures.

A. Staff review. After determining that an application is complete, the staff shall forward the application to the appropriate city departments and, if determined necessary, professional consultants for review and comment.

B. Review and action by Planning Commission. The Planning Commission shall review the application to determine if it complies with the approval criteria. The Planning Commission shall take into consideration any submitted staff reports, comments, and expert opinions when reviewing the application.

i. Action by Planning Commission. The Planning Commission shall recommend to City Council one of the following:

(a) That the preliminary development plan and its supporting documentation be approved as submitted;

(b) That the preliminary development plan and its supporting documentation be approved with specific conditions set forth by the Planning Commission, and agreed to by the applicant; or

ii. Transmission to Council. The Planning Commission shall transmit the zoning amendment application and the preliminary development plan in the form of an ordinance, along with all appropriate documentation, including their recommendation, to City Council.

C. Review and action by City Council. City Council shall review and act on the proposed ordinance(s), including conducting a public hearing, in accordance with City Council procedures and public notice provisions.

i. In reviewing the ordinance(s), the City Council shall consider the approval criteria set forth in the City of Findlay Zoning Code and supporting documents.

ii. Disapproval by City Council shall terminate the process. Another zoning amendment application pertaining to the land included in the disapproved application shall not be accepted within one year from the date of disapproval, unless there has been substantial change to warrant reconsideration.

(2) Approval of the PUD/preliminary development plan.

A. Adoption of the ordinance shall constitute a rezoning of the property included in the preliminary development plan to a PUD, and the preliminary development plan and associated commitments become binding on the applicant.

B. The Official Zoning Map shall be amended to reflect the zoning change.

C. In the event City Council approves the preliminary development plan with modifications, the applicant shall incorporate such modifications into the appropriate documents and file the revised preliminary development plan with the staff. No final development plan application will be processed until the revised preliminary development plan is submitted and approved.

(e) Final Development Plans. An application for final development plan review shall be required for each phase of development. The applicant shall also submit a final subdivision plat for simultaneous review unless a final plat has already been approved or is not required for completion of the project.

(1) Review procedures. The application, including any conditional use application, shall be reviewed according to the following procedures:

A. Staff review. After determining that an application is complete, staff shall forward the application to the appropriate city departments and, if determined necessary, professional consultants for review and comment.

i. The application shall be reviewed for compliance with the approved preliminary development plan, the requirements of this Code and other applicable city codes.

ii. During the course of their review, the staff may meet with the applicant to review the application, and the applicant may revise the final development plan application in response to staff's comments.

iii. The application and supporting documents, staff comments, any other reports and accompanying documents shall be transmitted to the City Planning Commission.

B. Review by City Planning Commission. The Planning Commission shall review the application to determine if it complies with the approval criteria. The Planning Commission shall take into consideration any submitted staff reports when reviewing the application.

i. Request for additional information/revisions. In their review of an application, the Planning Commission may request additional information they deem necessary to adequately review and evaluate the proposed development, and/or may request the applicant to revise elements of the application. When this occurs, the Planning Commission may table the application.

ii. Timeframe for review of tabled case. Within sixty (60) days, the applicant will, upon written request to the Planning Commission Staff, be entitled to a fixed hearing date. The case will be scheduled for the next regular meeting of the Planning Commission but not less than thirty (30) days following receipt of the written request.

iii. Any proposed modification to a preliminary development plan shall require a zoning amendment to the preliminary development plan.

iv. Compliance with current city-wide standards. In the event development standards or construction standards that apply city-wide are updated, all subsequently approved final development plans shall comply with the updated standards when the Planning Commission determines that such updated standard(s) will not cause undue hardship.

C. Action by Planning Commission. The Planning Commission shall take one of the following actions:

i. Approve the final development plan as submitted;

ii. Approve the final development plan with modification(s) as agreed to by the applicant; or

iii. Disapprove the final development plan when the application does not demonstrate that the required standards have been met. Disapproval of the final development plan shall terminate the process. The applicant may revise the final development to respond to the Planning Commission's concerns and resubmit the plan.

(f) Zoning and Building Permits.

(1) After approval of the final development plan, the applicant shall obtain a certificate of zoning compliance and building permit prior to construction.

(2) A certificate of zoning compliance and building permit shall not be issued until the appropriate final plat has been recorded and the City has accepted any applicable land areas that are to be dedicated to the City.

(3) All construction and development shall be in accordance with the approved final development plan. Any unauthorized departure from such plan shall be cause for revocation of the certificate of zoning compliance. All required covenants, easements and restrictions shall be recorded prior to the approval of any construction.

(Ord. 2023-115. Passed 12-19-23.)

1151.04 SUBMISSION REQUIREMENTS.

(a) Contents of Preliminary Development Plan Application. The applicant shall submit a number of copies as determined by the Director of Planning. The information submitted should include all the following that apply to the specific project:

(1) Completed application form along with the application fee.

(2) Vicinity map showing the relationship of the proposed PD to existing development and including existing property lines, easements, utilities, and street rights-of-way of the subject property and property within five hundred (500) feet of the site, zoning district boundaries, and existing land uses and structures.

(3) Regional context map.

(4) Legal description.

(5) Map of existing conditions and features drawn to scale, with accurate boundaries of the entire project and a north arrow, including:

A. Boundaries of the area proposed for development, dimensions and total acreage;

B. Existing public rights-of-way, buildings, permanent facilities, access points and easements on, and adjacent to, the site;

C. Identification of any existing buildings or structures to be removed or demolished;

D. Existing utility systems and providers;

E. The location of existing topography showing contour lines at vertical intervals of not more than five (5) feet;

F. Locations of all wooded areas, tree lines, hedgerows, and a description of significant existing vegetation;

G. Delineation of existing drainage patterns on the property;

H. Location of wetlands, the one hundred (100)-year floodplain, floodway boundary, flood elevation as delineated by the Federal Emergency Management Agency maps.

(6) The preliminary development plan map shall include a plan for the entire area of the proposed project and shall be drawn to an appropriate scale with accurate boundaries of the entire project including a north arrow. The information submitted shall indicate:

A. The proposed location, use and size of areas of residential, retail, office, industrial or institutional uses, open spaces, and access points.

B. The general layout of the proposed internal road system, indicating the proposed vehicular right-of-way of all proposed public streets, pedestrian circulation, bike paths, access drive locations, improvements to existing streets, and traffic control requirements;

C. Any proposed off-site improvements and/or utility lines/extensions needed to serve the site;

D. Natural areas and other natural features to be conserved and any buffer areas;

E. A summary table showing total acres of the proposed development; the number of acres devoted to each type of use, including streets and common areas; the number of dwelling units.

(7) Preliminary plat, if appropriate.

(8) Architectural drawings

(9) Project phasing map. A phasing plan identifying the separate phases of the project, including utilities and any off-site improvements.

(10) Proposed utilities including the proposed provision of water, sanitary sewer and surface drainage facilities.

(11) The City Engineer may require a traffic study indicating the impact of future traffic on the existing and proposed roadway system.

(12) Development standards text. The development standards text identifying the requirements that are to govern the design and layout of the PUD.

A. The development standards text shall include signature and date lines for the applicant certifying the text.

B. List of permitted and conditional uses.

C. Dimensions and/or acreages illustrated on the development plan shall be described in the development standards text.

D. Any dimensions or other provision that departs from any applicable standards set forth in the Findlay Zoning Code.

E. Adequate provision shall be made to establish a private organization (i.e. homeowners association) with direct responsibility to provide for the operation and maintenance of all common facilities that are part of the planned development, and, in such instance legal assurances shall be provided to show that the private organization is self-perpetuating.

(b) Contents of Final Development Plan Application. Final development plans are intended to be a site plan review and shall include existing conditions and complete construction drawings. The information submitted shall include the following:

(1) Completed application form along with the application fee.

(2) Scale of not less than 1” =30’ if the subject property is less than three (3) acres, and 1” =100’ if three (3) acres or more.

(3) Dimensions of all lot and property lines showing the relationship of the subject property to abutting properties; buildings and access drives within one hundred (100) feet of the property.

(4) Vicinity map showing the relationship of the area of the final development plan to the entire PUD and including existing structures, property lines, easements, utilities, and street rights-of-way of the subject property and property within five hundred (500) feet of the site;

(5) Regional context map.

(6) Final subdivision plat. (If applicable.)

(7) Legal description of the property.

(8) Final development plan map prepared by a qualified professional such as a licensed architect, surveyor, engineer or landscape architect, and drawn to an appropriate scale indicating the following items, to the extent that the information is not already shown on the final subdivision plat or construction drawings for a subdivision:

A. A bar scale, north arrow, and total acreage of the area that is the subject of the final development plan, and accurate location of all monuments;

B. Radii, arcs, points of tangency, central angles for all curvilinear street, radii for all rounded corners, and length of all straight center line between curves on all public and private street;

C. The right-of-way lines of adjoining streets and alleys with their width and names, and indicating the edge of pavement and centerline;

D. All lot lines and easements with their dimensions;

E. The dimensions and locations of proposed structures, buildings, streets, parking areas, yards, playgrounds, school sites and other public or private facilities; the proposed pedestrian and bike path systems; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;

F. Location of existing and proposed structures including fences, walls, signs, and lighting;

G. Location and layout of all proposed and existing outdoor storage areas including storage of waste materials and location of trash receptacles;

H. Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;

I. Delineation and identification of areas to be dedicated or reserved for public use, provided those areas are acceptable to the city, with the purposes indicated thereon, and of any area to be reserved by deed covenant for the common use of all property owners, listing who will maintain the acreage of such areas, or indicating if it is to be dedicated or reserved;

J. Summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and open space, and the number of proposed dwelling units by type, building square footage, number of parking spaces, pavement coverage, impervious surface area and acreage devoted to open space, private streets, and other public facilities.

(9) Proposed utilities. Verification of availability of all utilities, including water, sanitary sewer, gas, electric, cable, etc., and indication of all utility line extensions;

(10) Additional plans for proposed development.

A. Topographic maps showing existing and proposed grading contours, water courses, wetlands and flood plains and other flood hazard boundaries and information;

B. Method of storm water collection; including elevations, catch basins, and direction of surface flow. A one-hundred-year (100) storm detention is required and calculations must accompany the site plan;

C. Ohio Professional Engineer approval/seal when the design requires calculation for storm water retention, sanitary sewer and/or pavement design.

D. Landscaping and screening plans.

E. A lighting plan, including, but not limited to, light pole heights and locations, building accent lighting, pedestrian lighting, average foot-candle calculations, minimum foot-candles and maximum foot-candles;

F. A dimensioned sign plan indicating the character, material, dimensions, location, shape, color(s) and type of illumination of signs;

G. Architectural plans for the proposed development, showing all exterior elevations and building floor plans, colors, materials, and other details to indicate the type of architectural style proposed for the development and conformity with applicable appearance standards;

H. Construction plans for all public improvements, site grading, and required development practices specified by the city code.

(11) Ownership. The ownership interests of the subject property, including liens and easements, and the nature of the developer's interest if not the owner.

(12) Covenants, easements and restrictions.

A. The substance of covenants, grants of easements, or other restrictions which will be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities; and proper acknowledgment of owners and/or holders of mortgages accepting such restrictions.

B. For projects that include any area for common use of or to be maintained by multiple property owners, the association's bylaws or code of regulations.

(Ord. 2023-115. Passed 12-19-23.)

1151.05 PLAN APPROVAL CRITERIA.

(a) Preliminary Development Plan. In the review of proposed planned developments, the Planning Commission and City Council shall determine whether or not the preliminary development plan complies with the following criteria:

(1) The proposed development is consistent with the purpose, intent and applicable standards of the Zoning Code;

(2) The proposed development and uses therein advances the general welfare of the City and immediate vicinity and will not impede the normal and orderly development and improvement of the surrounding areas;

(3) Adequate utilities, access roads, drainage, retention and/or necessary facilities have been or are being provided;

(4) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets and to maximize public safety. The proposed development provides for a safe, convenient and non-conflicting circulation system for motorists and pedestrians;

(5) The relationship of buildings and structures to each other and to such other facilities provides for the coordination and integration of this development within the PUD and the larger community;

(6) The density, building gross floor area, building heights, setbacks, distances between buildings and structures, yard space, design and layout of open space systems and parking areas, traffic accessibility and other elements having a bearing on the overall acceptability of the development plans contribute to the orderly development of land within the City;

(7) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas;

(8) The design, site arrangement, and anticipated benefits of the proposed development justify any deviation from the standard development regulations included in the Zoning Code or Subdivision Regulation;

(9) The proposed building design meets or exceeds the quality of the building designs in the surrounding area and all applicable appearance standards of the City;

(10) The proposed phasing of development is appropriate for the existing and proposed infrastructure and is sufficiently coordinated among the various phases to ultimately yield the intended overall development;

(11) The proposed development can be adequately serviced by existing or planned public improvements and not impair the existing public service system for the area;

(b) Final Development Plan. In the review of proposed planned developments, the Planning Commission shall determine whether or not the proposed development, as depicted on the final development plan, complies with the following:

(1) The plan conforms in all pertinent respects to the approved preliminary development plan provided, however;

(2) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;

(3) The development has adequate public services and open spaces;

(4) The development preserves and is sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code;

(5) The development provides adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas without unnecessarily spilling or emitting light onto adjacent properties or the general vicinity;

(6) The proposed signs are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and are located so as to maintain safe and orderly pedestrian and vehicular circulation;

(7) The landscape plan will adequately enhance the principal building and site; maintain existing trees to the extent possible; buffer adjacent incompatible uses; break up large expanses of pavement with natural material;

(8) Adequate provision is made for storm drainage within and through the site which complies with the applicable regulations in this code and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters;

(9) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage;

(10) The Commission believes the project to be in compliance with all other local, state and federal laws and regulations.

(Ord. 2023-115. Passed 12-19-23.)

1151.06 DEFINITIONS.

(a) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(b) Plan Definitions.

(1) Final development plan. A detailed plan showing the location of all site improvements, including easements, utilities, buildings, parking areas, circulation routes, points of ingress and egress, transportation and other public improvements (both on- and offsite), landscaping, architectural drawings, loading and unloading zones, service areas, ground signage, directional signage, location of refuse containers, lighting and accessory structures, and may include a subdivision plat. Critical dimensions are shown unless otherwise indicated.

(2) Planned Unit Development (PUD). A form of a planned development that includes one (1) or more uses permitted by right or as conditional uses and which is established according to the requirements of Section 1151.06.

(3) Preliminary development plan. A plan, submitted at the time of rezoning, outlining permitted and conditional land use development sites, major circulation patterns, critical natural areas to be preserved, open space areas and linkages, buffer areas, entryways, and major utilities and their relationship with surrounding uses.