Independence City Zoning Code
TITLE FIFTEEN
Planned Unit Development Zoning Districts
1182.01 PURPOSES.
The purpose of the Downtown Planned Unit Development "PUD" District is to:
(a) Strengthen and build on the historic role of Downtown Independence.
(b) Encourage the compatible and successful mixture of employment, commercial, residential, and open space uses to promote sustained economic success of the area.
(c) Encourage skillful planning in the arrangement of buildings, the preservation of open space, and the utilization of topography and other site features.
(d) Obtain creative and coordinated architectural and site designs harmonious and compatible with surrounding land uses and the Western Reserve style.
(e) Implement the concepts and ideas for Downtown Independence as recommended in the Area Plans document approved by City Council on August 11, 2015.
(Ord. 2015-22. Passed 10-13-15.)
1182.02 USE REGULATIONS.
(a) The uses permitted within the Downtown PUD District shall include any use permitted in this zoning code provided that it is consistent with the overall purpose of the PUD District, is compatible with the adjacent land uses, and is generally consistent with the development concept for Downtown as established in the Area Plans document. It is anticipated the permitted uses within the Downtown PUD District shall include the following, subject to the provisions of the Independence City Charter:
(1) Mixed-use buildings that may include office, residential, retail, personal service, and restaurant uses within.
(2) Residential uses including single-family residences and townhomes.
(3) Civic and cultural uses including government and public buildings, museums, and cultural art facilities.
(4) Parks and recreational facilities.
(5) Live/work units located in new mixed-use developments.
(b) Permitted uses within the District shall be established on the Preliminary Development Plan and shall be approved by City Council with recommendation by Planning Commission.
(c) Planning Commission and City Council reserve the right to prohibit certain uses that are not consistent with the vision for the District, the purpose of the Downtown PUD District, the Land Planning Guidelines, or other requirements set forth in this code. It is anticipated that the following uses shall be prohibited from the Downtown PUD District:
(1) Vehicle sales, rental, service, repair, gas stations, and storage.
(2) Adult oriented businesses.
(3) Commercial outdoor recreation.
(4) Industrial uses including manufacturing and processing and warehousing.
(5) Garden supply with outdoor display or storage.
(6) Fast food restaurants.
(Ord. 2015-22. Passed 10-13-15.)
1182.03 SCOPE, AREA, AND DENSITY.
In order to establish or develop a Downtown PUD District, the development area shall comply with the following conditions:
(a) The minimum area to qualify as a Downtown PUD District shall be not less than 15 acres of contiguous land defined as a coordinated development area. Such district or development area may be bisected by publicly dedicated rights-of-way or private streets as long as all parcels within the development area are controlled or owned by the same person or entity acting jointly.
(b) The Downtown PUD District shall be contained within the boundaries as shown in Exhibit A: Downtown PUD Area.
(c) The development within the Downtown PUD District shall be consistent with the Final Development Plan approved by the Planning Commission and City Council.
(d) The residential density and permitted uses with a Downtown PUD District shall be as established in the approved Preliminary and Final Development Plans.
(Ord. 2015-22. Passed 10-13-15.)
1182.04 LAND PLANNING GUIDELINES.
The following planning guidelines are established to help guide and control the planning, development, and use of land in the Downtown PUD District. Developments within the District shall embody the following characteristics as applicable:
(a) Complementary Uses. A complementary mix of land uses that support each other should be included in the District. Opportunities should be offered that promote multiple purpose trips. An environment should be created that promotes high quality development that complements existing land uses and encourages positive growth.
(b) Concentration. An appropriate concentration of uses should be allowed and promoted that are high enough to create economic viability while also being compatible to surrounding areas, especially adjacent residential neighborhoods.
(c) Building Form. The front facades of buildings should be oriented to public streets and public gathering areas rather than parking lots. Commercial and mixed use buildings should be designed at the human scale and should promote an active street frontage and high quality streetscape design.
(d) Building Context. Developments should be compatible with the historic elements of the Western Reserve architectural style and traditional development context present within the Downtown Planning Area.
(e) Connectivity and Circulation. Safe, convenient, and comfortable internal and external circulation patterns for pedestrians, bicycles, and vehicles should be integrated into the Development Plan. Developments should promote shared parking opportunities in order to minimize unnecessary parking. Vehicular areas should not dominate the design of the site.
(f) Housing Choice. When residential uses are included in the development area, consideration should be given to ensure that the proposed housing type(s) balance the housing options by complementing available housing products and meeting a market demand.
(g) Public Spaces and Uses. Developments should include publicly accessible spaces and amenities that may include open spaces, public buildings, or public gathering areas.
(h) Natural Resources. Developments should conserve and integrate environmentally sensitive resources into the design of the development when appropriate.
(Ord. 2015-22. Passed 10-13-15.)
1182.05 SETBACKS AND YARDS.
The setback and yard regulations of the Downtown PUD District are defined as follows:
(a) Peripheral setbacks shall be preliminarily established on the Preliminary Development Plan and solidified on the Final Development Plan as approved by the Planning Commission and City Council. There shall be no prescribed minimum peripheral setbacks due to the context of the historic and traditional development pattern. Build-to lines are encouraged to be included in the Final Development Plan in order to ensure ideal building form and placement.
(b) Internal setbacks and distances between buildings and uses within the District shall be established on the Final Development Plan approved by the Planning Commission and City Council or as further required to meet City and state codes for fire and safety. (Ord. 2015-22. Passed 10-13-15.)
1182.06 OPEN SPACE REGULATIONS.
Downtown PUD District developments shall incorporate common open spaces which satisfy the standards of usability and quality as described below:
(a) Common open space shall comprise at least 20 percent of the development area unless otherwise approved by Planning Commission and City Council.
(b) The location, shape, size, and character of the open space shall complement and enhance the overall development.
(c) Public utility and similar easements, rights-of-way courses, and other similar channels may be acceptable for common open space if it is usable as a trail or similar purpose and has been approved by the Planning Commission and City Council.
(d) Common open spaces shall not include private yards, required setbacks between the project boundary lines and buildings, and minimum spacing between buildings.
(e) Common open spaces may be used for recreational purposes or passive uses. If the development area contains natural features worthy of preservation, those areas may remain undeveloped and unimproved.
(f) Common open spaces should promote public gathering and public use. Amenities such as public art, courtyards, fountains, gazebos, and benches should be included within common open spaces when applicable.
(Ord. 2015-22. Passed 10-13-15.)
1182.07 BUILDING HEIGHTS.
(a) Residential developments within the District shall not exceed three stories and 35 feet in height as measured to the highest part of the roof.
(b) All other buildings permitted in the District shall not exceed three stories and 50 feet in height as measured to the highest part of the roof.
(c) In a mixed use development, the minimum height of all main buildings in the development shall be two stories of usable space unless otherwise approved by Planning Commission and City Council.
(d) Architectural features incorporated into the building design shall be exempted from the maximum height requirements of this Section. For the purposes of this Chapter architectural features shall include, but are not limited to, parapet walls, cupolas, church spires, stair towers, and domes. (Ord. 2015-22. Passed 10-13-15.)
1182.08 SIGNS.
A sign package for the Downtown PUD District shall be submitted for review and approval by the Architectural Board of Review. The sign package may be reviewed either in conjunction with the Final Development Plan or following the approval of the Final Development Plan and shall include monumental entrance signs, individual business signage, directional signs, and other applicable signs that may be requested by the owner or owner's representative. (Ord. 2015-22. Passed 10-13-15.)
1182.09 DEVELOPMENT DESIGN STANDARDS.
The overall quality of the design of the development shall be considered when reviewing a PUD application. The Planning Commission and City Council shall review:
(a) The use of unique street design and landscaping.
(b) The use of a variety of architectural styles, building types, and/or building materials that complement the Western Reserve style while avoiding a monotonous streetscape.
(c) The use of high quality building materials and well-designed and well-articulated building facades.
(d) The incorporation of pedestrian trails and paths both internal to the District and that connect to external pedestrian networks to the extent reasonably possible and desirable.
(e) The incorporation of ponds or water features to the extent reasonably possible and desirable.
(f) The development's compliance with the Land Planning Guidelines established in Section 1182.04. (Ord. 2015-22. Passed 10-13-15.)
1182.10 ARCHITECTURAL AND BUILDING MATERIAL STANDARDS.
The Architectural Board of Review shall review the proposed building design and materials prior to Planning Commission and City Council's review of the Final Development Plan. The Architectural Board of Review shall provide its recommendation on such elements to Planning Commission and City Council for their consideration. The following architectural and building material standards shall be considered when reviewing a PUD application.
(a) All Downtown PUD developments shall complement the Western Reserve style and shall maximize the use of natural building materials on the exterior such as brick, stone, wood, or cultured stone. The Planning Commission and City Council shall reserve the right to regulate building design and materials on each Final Development Plan on a case-by-case basis.
(b) All buildings within the District shall be designed with four-sided architecture when visible from a public or private street or from an adjacent property.
(c) Metal siding, vinyl siding, and exposed smooth face CMU block is prohibited as an exterior building material on all building elevations visible from a public or private street.
(d) All non-residential elevations visible from a public or private street or adjacent property shall include decorative features such as cornices, pilasters, contrasting horizontal bands, and other architectural elements. Building recesses and protrusions are strongly encouraged on larger buildings to break long uninterrupted building walls.
(e) All non-residential building elevations visible from public or private streets shall include window openings at regular intervals. The main front elevations of a building should include at least 50 percent transparency at the pedestrian level, 15 feet in height or the height of the building, whichever is less.
(f) No building or addition constructed in a PUD District shall be designed with or modeled after franchise or formula based architecture, unless the Planning Commission and City Council determines that the franchise architecture is consistent with the intent of the District guidelines, does not create visual inconsistencies with surrounding areas or structures, and will enhance the character and business climate of the area.
(g) Loading docks, service entries, and back-of-house areas shall be located on building facades that do not face a public or private street. When this is not feasible, they shall be designed in a manner that blends in or complements the building materials and design and shall be screened from view with landscaping, fencing, and/or walls.
(h) All roof mounted mechanical equipment shall be screened from view from all adjacent properties and public and private streets using durable, opaque, and compatible materials. (Ord. 2015-22. Passed 10-13-15.)
1182.11 OFF-STREET PARKING.
Off-street parking facilities shall be provided as required in Chapter 1181 of this Zoning Code. In mixed use developments, the Planning Commission and City Council may modify the number of required parking spaces on the Final Development Plan, taking into consideration the hours of operation of uses, the overlap in parking demand by different adjacent uses, shared parking agreements, available methods of transportation, and the types of uses proposed. (Ord. 2015-22. Passed 10-13-15.)
1182.12 LANDSCAPING AND BUFFERING.
(a) All areas of the site not paved or covered by a building shall be landscaped in accordance with a landscape plan approved as part of the Final Development Plan. The City Planner/Landscape Architect shall review the proposed landscape plan prior to Planning Commission and City Council's review of the Final Development Plan. The City Planner/Landscape Architect shall provide its recommendation on the landscape plan to Planning Commission and City Council for their consideration. Planning Commission and City Council may modify the requirement of this Section as needed to achieve a successful and appropriate landscape plan.
(b) District Perimeter Landscaping. When the perimeter of the District is adjacent to or abuts a residential zoning district or use, a continuous six foot screen should be provided consisting of an earth mound, evergreen plantings, hedge, decorative wall, or any combination thereof, with trees planted approximately every 30 lineal feet.
(c) Street Trees. Tree lawns and street trees shall be provided adjacent to all public and private streets. Trees shall be planted approximately every 40 lineal feet. Street trees may be clustered or strategically spaced to ensure proper view corridors for commercial tenants as long as the number of trees is not sacrificed.
(d) Building Perimeter Landscaping. Landscaping shall be provided around the perimeter of buildings within the District that includes a combination of natural ground cover, shrubs, flowers, and trees.
(e) Vehicular Use Area Landscaping.
(1) Off-street vehicular use areas with more than five parking spaces shall provide vehicular use area perimeter screening that consists of a continuous 30 inch screen consisting of an earth mound, plantings, hedge, decorative wall, or any combination thereof.
(2) Vehicular use areas with more than 12 parking spaces shall provide interior landscaping areas that make up at least five percent of the interior vehicular use area including maneuvering lanes. All interior landscaping areas shall be protected from vehicles through the use of concrete curbs and shall be elevated above the pavement. Interior landscaping areas shall include trees whenever feasible.
(f) Landscaping and Screening for Service Structures.
(1) Service structures shall be screened from view from all adjacent properties and public and private streets. For the purposes of this Section, service structures shall include, but are not limited to, dumpsters and transformers, but do not include water meter pits and fire hydrants.
(2) Screening of service structures shall be a continuous, 100 percent opacity, planting, hedge, fence, wall, or earth mound that encloses the service structure and complements the materials and character of the building architecture. The height of the screen shall be at least one foot above the height of the service structure, but shall not be required to exceed 10 feet in height.
(3) Dumpster enclosures shall be located in side or rear yards and shall be screened by a durable material that is consistent with the building material used on the principal structure. The screen walls shall be six feet in height or at least one foot above the height of the dumpster, whichever is taller. The fourth side of the trash enclosure shall be screened with an opaque gate that is the same height as the screen walls. Bollards shall be installed at the enclosure opening to prevent damage to the screen walls or gate. Chain link fences are not permitted as screening materials for dumpster enclosures. (Ord. 2015-22. Passed 10-13-15.)
1182.13 PUD PROCEDURES.
(a) Pre-Submittal Meeting. Prior to submitting the Preliminary Development Plan the property owner or owner's representative is encouraged to meet with City staff to discuss the development informally, the purpose being to discuss the intent and criteria of the District and the PUD process, and to identify any preliminary concerns with the proposed development.
(b) PUD Zone Map Amendment and Preliminary Development Plan Process.
(1) The PUD Zone Map Amendment and Preliminary Development Plan together with an application shall be filed with the City and shall be subject to the applicable regulations of this zoning code and the Independence City Charter.
(2) The application package must be submitted at least 30 days prior to a regular Planning Commission meeting to be placed on the agenda for that meeting.
(3) Prior to the Planning Commission meeting, the application package will be distributed to other City departments, City Council, and consulting professionals and agents of the City as appropriate for review and comment.
(4) Following the staff review of the application, the PUD Zone Map Amendment and Preliminary Development Plan shall be referred to the Planning Commission for review.
(5) The Planning Commission shall review the Zone Map Amendment and Preliminary Development Plan and shall furnish to City Council its recommendation with respect to the submitted plans. Planning Commission shall render its recommendation based on a thorough review of the application and the application's consistency with the requirements of this Chapter.
(6) City Council, following receipt of the Planning Commission's recommendation, shall set a date for public hearing on the Zone Map Amendment and the Preliminary Development Plan in conformance with the public hearing regulations set forth in Chapter 1123 and in the Independence City Charter.
(7) Following the public hearing, City Council shall approve, disapprove, or modify the application. City Council shall render its decision based on a thorough review of the application, Planning Commission's recommendation, the public hearing comments, and the application's consistency with the requirements of this Chapter.
(8) Following approval of the PUD Zone Map Amendment, the Preliminary Development Plan, and any applicable City Charter procedures, the owner or owner's representative may submit the Final Development Plan.
(c) Change in Zone Map. Following the approval of the PUD Zone Map Amendment, the City shall cause a notation to be made on the zoning map to reflect the area which is included in the Preliminary Development Plan.
(d) Final Development Plan Process.
(1) The Final Development Plan together with an application shall be filed with the City.
(2) The application package will be distributed to other City departments, boards, and consulting professionals and agents of the City as appropriate for review and comment.
(3) Upon determination that the application is complete, the Final Development Plan shall be referred to the Planning Commission for review.
(4) The Planning Commission shall review the application package and shall furnish to City Council its recommendation with respect to the Final Development Plan. Planning Commission shall render its recommendation based on the plan's consistency with the Preliminary Development Plan, recommendations from City staff or boards, and the requirements of this Chapter.
(5) City Council, following receipt of the Planning Commission's recommendation, shall review the proposed application package and approve, disapprove, or modify the application. City Council shall render its decision based on Planning Commission and staff's recommendation and the plan's consistency with the Preliminary Development Plan and the requirements of this Chapter.
(6) Following approval of the Final Development Plan, the owner or owner's representative shall submit all necessary building permits and other permits as required by the City.
(e) Staging Plans. If the applicant wishes to construct the development in phases, a staging plan shall be developed that clearly designates the phases of construction and shall be reviewed and approved by applicable City departments. In a phased PUD, it is expected that changes in the approved Final Development Plan may be required from time to time. In order to preserve the flexibilities which are fundamental to a PUD, planned changes or modifications are permitted subject to the procedures set forth in Section 1182.13 (f): Amendments to the Plan.
(f) Amendments to the Plan. At any time after the approval of the Preliminary Development Plan or the Final Development Plan, the owner or owner's representative my request an amendment to their plans. Planning Commission shall determine if the amendment is a major modification to the approved plans or a minor modification.
(1) Major Modification. If it is determined by Planning Commission that the amendment is a major departure from the approved plans, the amendment shall be processed as a new Preliminary Development Plan. For purposes of this section, a major departure may include, but is not limited to, a substantial change to the basic design, density, uses, circulation, or open space requirements of the approved plan.
(2) Minor Modification. If it is determined by Planning Commission that the amendment is a minor departure from the approved plans, the amendment shall be processed as a Final Development Plan application.
(g) PUD District Land Additions. At any time after the approval of the Preliminary Development Plan, the owner of owner's representative may submit application to increase the size of the District as long as all proposed land additions are controlled or owned by the same person or entity acting jointly. Any new land additions to an approved PUD shall be processed as a new Preliminary Development Plan. Land additions are not subject to the minimum area requirements set forth in Section 1182.03(a).
(Ord. 2015-22. Passed 10-13-15.)
1182.14 PUD SUBMITTAL REQUIREMENTS.
(a) Preliminary Development Plan Submittal Requirements. The Preliminary Development Plan shall include the following information:
(1) Survey or engineering drawings of the Downtown PUD District to be rezoned.
(2) Narrative description of the proposal including how the development is consistent with the Area Plans document approved by City Council on August 11, 2015.
(3 Proposed parcels contained within the District including parcel lines, parcel numbers, and dimensions.
(4) The locations of proposed buildings and land uses within the District. The amount of land area dedicated for each type of land use shall be indicated.
(5) For residential developments, the type of unit, dwelling unit density, minimum lot sizes, frontages, and setbacks shall be specified.
(6) Preliminary interior open space system and landscape concepts.
(7) Location of existing and proposed public and private streets.
(8) Minimum peripheral setbacks around the perimeter of the District.
(9) Location of all existing structures located within the District and within 25 feet of the boundary of the proposed District.
(b) Final Development Plan Submittal Requirements. The Final Development Plan shall contain and be accompanied by the following unless waived by Planning Commission:
(1) Plat for the entire District identifying parcel numbers, lines, dimensions, and areas.
(2) Location, size, height, use, general design, color, and exterior façade material of all main and accessory buildings or structures and proposed fences and walls.
(3) Vehicular and pedestrian traffic patterns, with a traffic impact study, including the locations of public and private streets.
(4) Layout and location of all off-street parking areas including the number of spaces, type of pavement, curbing, design features, and landscaping.
(5) Location of all proposed utilities.
(6) Design and location of all existing landscaping to be preserved and all proposed landscaping areas, open spaces, buffering plans, retention areas, and yards including the common and scientific names of all proposed plant species.
(7) Location, height, design, and specifications of exterior lighting.
(8) Topographic plan with existing and proposed grading, drainage, drainage structures, retention systems, ditches, drain sizes, and easements.
(9) Development agreement.
(10) Photometric plan.
(11) Additional information as requested by the Planning Commission or City Council to supplement the above information when special conditions occur. (Ord. 2015-22. Passed 10-13-15.)
1183.01 PURPOSES.
The purpose of the Rockside Planned Unit Development "PUD" District is to:
(a) Encourage the development of mixed use projects that promote walkability and connectivity.
(b) Improve the aesthetics of the corridor.
(c) Promote the development of an attractive and master-planned business node.
(d) Encourage the compatible and successful mixture of employment, commercial, residential, and open space uses to promote sustained economic success of the area.
(e) Encourage skillful planning in the arrangement of buildings, the preservation of open space, and the utilization of topography and other site features.
(f) Obtain creative and coordinated architectural and site designs harmonious and compatible with surrounding land uses.
(g) Implement the concepts and ideas for the Rockside Road corridor as recommended in the Area Plans document approved by City Council on August 11, 2015. (Ord. 2015-23. Passed 10-13-15.)
1183.02 USE REGULATIONS.
(a) The uses permitted within the Rockside PUD District shall include any use permitted in this zoning code provided that it is consistent with the overall purpose of the PUD District, is compatible with the adjacent land uses, and is generally consistent with the development concept for Rockside as established in the Area Plans document. It is anticipated the permitted uses within the Rockside PUD District shall include the following, subject to the provisions of the Independence City Charter:
(1) Mixed-use buildings that may include office, residential, retail, personal service, and restaurant uses within.
(2) Attached single-family and mixed-density residential.
(3) Professional and medical offices.
(4) Supportive services including retail, restaurant, and entertainment uses.
(5) Civic and cultural uses including government and public buildings, museums, and cultural art facilities.
(6) Parks and recreational facilities.
(7) Hospitality uses.
(b) Permitted uses within the District shall be established on the Preliminary Development Plan and shall be approved by City Council with recommendation by Planning Commission.
(c) Planning Commission and City Council reserve the right to prohibit certain uses that are not consistent with the vision for the District, the purpose of the Rockside PUD District, the Land Planning Guidelines, or other requirements set forth in this code. Prohibited uses will be agreed upon and defined within the Development Agreement associated with each PUD development. (Ord. 2015-23. Passed 10-13-15.)
1183.03 SCOPE, AREA, AND DENSITY.
In order to establish or develop a Rockside PUD District, the development area shall comply with the following conditions:
(a) The minimum area to qualify as a Rockside PUD District shall be not less than 30 acres of contiguous land defined as a coordinated development area. Such district or development area may be bisected by publicly dedicated rights-of-way, private streets, or green spaces as long as all parcels within the development area are controlled or owned by the same person or entity acting jointly.
(b The Rockside PUD District shall be contained within the boundaries of the Rockside Road Planning Area as defined by the Area Plans document approved by City Council on August 11, 2015.
(c) The development within the Rockside PUD District shall be consistent with the Final Development Plan approved by the Planning Commission and City Council.
(d) The residential density and permitted uses with a Rockside PUD District shall be as established in the approved Preliminary and Final Development Plans.
(Ord. 2015-23. Passed 10-13-15.)
1183.04 LAND PLANNING GUIDELINES.
The following planning guidelines are established to help guide and control the planning, development, and use of land in the Rockside PUD District. Developments within the District shall embody the following characteristics as applicable:
(a) Complementary Uses. A complementary mix of land uses that support each other should be included in the District. Opportunities should be offered that promote multiple purpose trips. An environment should be created that promotes high quality development that complements existing land uses and encourages positive growth.
(b) Concentration. An appropriate concentration of uses should be allowed and promoted that are high enough to create economic viability while also being compatible to surrounding areas, especially adjacent residential neighborhoods.
(c) Building Form. The front facades of buildings should be oriented to public streets and public gathering areas rather than parking lots. Commercial and mixed use buildings should be designed at the human scale and should promote an active street frontage and high quality streetscape design.
(d) Building Context. Developments should be compatible with adjacent developments and buildings within the Rockside Road Planning Area, while allowing for creative design approaches to allow for architectural variety and to avoid homogenous developments.
(e) Connectivity and Circulation. Safe, convenient, and comfortable internal and external circulation patterns for pedestrians, bicycles, and vehicles should be integrated into the Development Plan. Developments should promote shared parking opportunities in order to minimize unnecessary parking. Vehicular areas should not dominate the design of the site.
(f) Housing Choice. When residential uses are included in the development area, consideration should be given to ensure that the proposed housing type(s) balance the housing options by complementing available housing products and meeting a market demand.
(g) Public Spaces and Uses. Developments should include publicly accessible spaces and amenities that may include open spaces, public buildings, or public gathering areas.
(h) Natural Resources. Developments should conserve and integrate environmentally sensitive resources into the design of the development when appropriate.
(Ord. 2015-23. Passed 10-13-15.)
1183.05 SETBACKS AND YARDS.
The setback and yard regulations of the Rockside PUD District are defined as follows:
(a) Peripheral setbacks shall be preliminarily established on the Preliminary Development Plan and solidified on the Final Development Plan as approved by the Planning Commission and City Council. There shall be no prescribed minimum peripheral setbacks, but build-to lines are encouraged to be included in the Final Development Plan in order to ensure ideal building form and placement.
(b) Internal setbacks and distances between buildings and uses within the District shall be established on the Final Development Plan approved by the Planning Commission and City Council or as further required to meet City and state codes for fire and safety. (Ord. 2015-23. Passed 10-13-15.)
1183.06 OPEN SPACE REGULATIONS.
Rockside PUD District developments shall incorporate common open spaces which satisfy the standards of usability and quality as described below:
(a) Common open space shall comprise at least 20 percent of the development area unless otherwise approved by Planning Commission and City Council.
(b) The location, shape, size, and character of the open space shall complement and enhance the overall development.
(c) Public utility and similar easements, rights-of-way courses, and other similar channels may be acceptable for common open space if it is usable as a trail or similar purpose and has been approved by the Planning Commission and City Council.
(d) Common open spaces shall not include private yards, required setbacks between the project boundary lines and buildings, and minimum spacing between buildings.
(e) Common open spaces may be used for recreational purposes or passive uses. If the development area contains natural features worthy of preservation, those areas may remain undeveloped and unimproved.
(f) Common open spaces should promote public gathering and public use. Amenities such as public art, courtyards, fountains, gazebos, and benches should be included within common open spaces when applicable.
(Ord. 2015-23. Passed 10-13-15.)
1183.07 BUILDING HEIGHTS.
Maximum building heights for developments within the Rockside PUD District shall be preliminarily established on the Preliminary Development Plan and confirmed on the Final Development Plan. There is no prescribed maximum building height within the District to allow for flexibility and creativity within the development design. For mixed use developments, the minimum height of all main buildings in the development shall be two stories of usable space unless otherwise approved by Planning Commission and City Council.
(Ord. 2015-23. Passed 10-13-15.)
1183.08 SIGNS.
A sign package for the Rockside PUD District shall be submitted for review and approval by the Architectural Board of Review. The sign package may be reviewed either in conjunction with the Final Development Plan or following the approval of the Final Development Plan and shall include monumental entrance signs, individual business signage, directional signs, and other applicable signs that may be requested by the owner or owner's representative. (Ord. 2015-23. Passed 10-13-15.)
1183.09 DEVELOPMENT DESIGN STANDARDS.
The overall quality of the design of the development shall be considered when reviewing a PUD application. The Planning Commission and City Council shall review:
(a) The use of unique street design and landscaping.
(b) The use of a variety of architectural styles, building types, and/or building materials to avoid a monotonous streetscape.
(c) The use of high quality building materials and well-designed and well-articulated building facades.
(d) The incorporation of pedestrian trails and paths both internal to the District and that connect to external pedestrian networks to the extent reasonably possible and desirable.
(e) The incorporation of ponds or water features to the extent reasonably possible and desirable.
(f) The development's compliance with the Land Planning Guidelines established in Section 1183.04. (Ord. 2015-23. Passed 10-13-15.)
1183.10 ARCHITECTURAL AND BUILDING MATERIAL STANDARDS.
The Architectural Board of Review shall review the proposed building design and materials prior to Planning Commission and City Council's review of the Final Development Plan. The Architectural Board of Review shall provide its recommendation on such elements to Planning Commission and City Council for their consideration. The following architectural and building material standards shall be considered when reviewing a PUD application.
(a) All Rockside PUD developments shall maximize the use of natural building materials on the exterior such as brick, stone, wood, cultured stone, or architectural metal panels. The Planning Commission and City Council shall reserve the right to regulate building materials on each Final Development Plan on a case-by-case basis.
(b) All buildings within the District shall be designed with four-sided architecture when visible from a public or private street or from an adjacent property.
(c) Vinyl siding, and exposed smooth face CMU block is prohibited as an exterior building material on all building elevations visible from a public or private street unless specifically approved by Planning Commission and City Council.
(d) All non-residential elevations visible from a public or private street or adjacent property shall include decorative features such as cornices, pilasters, contrasting horizontal bands, and other architectural elements. Building recesses and protrusions are strongly encouraged on larger buildings to break long uninterrupted building walls.
(e) All non-residential building elevations visible from public or private streets shall include window openings at regular intervals. The main front elevations of a building should include at least 50 percent transparency at the pedestrian level, 15 feet in height or the height of the building, whichever is less, unless otherwise approved by Planning Commission and City Council.
(f) No building or addition constructed in a PUD District shall be designed with or modeled after franchise or formula based architecture, unless the Planning Commission and City Council determine that the franchise architecture is consistent with the intent of the District guidelines, does not create visual inconsistencies with surrounding areas or structures, and will enhance the character and business climate of the area.
(g) Loading docks, service entries, and back-of-house areas shall be located on building facades that do not face a public or private street. When this is not feasible, they shall be designed in a manner that blends in or complements the building materials and design and shall be screened from view with landscaping, fencing, and/or walls.
(h) All roof mounted mechanical equipment shall be screened from view from all adjacent properties and public and private streets using durable, opaque, and compatible materials. (Ord. 2015-23. Passed 10-13-15.)
1183.11 OFF-STREET PARKING.
Off-street parking facilities shall be provided as required in Chapter 1181 of this Zoning Code. In mixed use developments, the Planning Commission and City Council may modify the number of required parking spaces on the Final Development Plan, taking into consideration the hours of operation of uses, the overlap in parking demand by different adjacent uses, shared parking agreements, available methods of transportation, and the types of uses proposed.
(Ord. 2015-23. Passed 10-13-15.)
1183.12 LANDSCAPING AND BUFFERING.
(a) All areas of the site not paved or covered by a building shall be landscaped in accordance with a landscape plan approved as part of the Final Development Plan. The City Planner/Landscape Architect shall review the proposed landscape plan prior to Planning Commission and City Council's review of the Final Development Plan. The City Planner/Landscape Architect shall provide its recommendation on the landscape plan to Planning Commission and City Council for their consideration. Planning Commission and City Council may modify the requirements of this Section as needed to achieve a successful and appropriate landscape plan.
(b) District Perimeter Landscaping. When the perimeter of the District is adjacent to or abuts a residential zoning district or use, a continuous six foot screen should be provided consisting of an earth mound, evergreen plantings, hedge, decorative wall, or any combination thereof, with trees planted approximately every 30 lineal feet.
(c) Street Trees. Tree lawns and street trees shall be provided adjacent to all public and private streets. Trees shall be planted approximately every 40 lineal feet. Street trees may be clustered or strategically spaced to ensure proper view corridors for commercial tenants as long as the number of trees is not sacrificed.
(d) Building Perimeter Landscaping. Landscaping shall be provided around the perimeter of buildings within the District that includes a combination of natural ground cover, shrubs, flowers, and trees.
(e) Vehicular Use Area Landscaping.
(1) Off-street vehicular use areas with more than five parking spaces shall provide vehicular use area perimeter screening that consists of a continuous 30 inch screen consisting of an earth mound, plantings, hedge, decorative wall, or any combination thereof.
(2) Vehicular use areas with more than 12 parking spaces shall provide interior landscaping areas that make up at least five percent of the interior vehicular use area including maneuvering lanes. All interior landscaping areas shall be protected from vehicles through the use of concrete curbs and shall be elevated above the pavement. Interior landscaping areas shall include trees whenever feasible.
(f) Landscaping and Screening for Service Structures.
(1) Service structures shall be screened from view from all adjacent properties and public and private streets. For the purposes of this Section, service structures shall include, but are not limited to, dumpsters and transformers, but do not include water meter pits and fire hydrants.
(2) Screening of service structures shall be a continuous, 100 percent opacity, planting, hedge, fence, wall, or earth mound that encloses the service structure and complements the materials and character of the building architecture. The height of the screen shall be at least one foot above the height of the service structure, but shall not be required to exceed 10 feet in height.
(3) Dumpster enclosures shall be located in side or rear yards and shall be screened by a durable material that is consistent with the building material used on the principal structure. The screen walls shall be six feet in height or at least one foot above the height of the dumpster, whichever is taller. The fourth side of the trash enclosure shall be screened with an opaque gate that is the same height as the screen walls. Bollards shall be installed at the enclosure opening to prevent damage to the screen walls or gate. Chain link fences are not permitted as screening materials for dumpster enclosures. (Ord. 2015-23. Passed 10-13-15.)
1183.13 PUD PROCEDURES.
(a) Pre-Submittal Meeting. Prior to submitting the Preliminary Development Plan the property owner or owner's representative is encouraged to meet with City staff to discuss the development informally, the purpose being to discuss the intent and criteria of the District and the PUD process, and to identify any preliminary concerns with the proposed development.
(b) PUD Zone Map Amendment and Preliminary Development Plan Process.
(1) The PUD Zone Map Amendment and Preliminary Development Plan together with an application shall be filed with the City and shall be subject to the applicable regulations of this zoning code and the Independence City Charter.
(2) The application package must be submitted at least 30 days prior to a regular Planning Commission meeting to be placed on the agenda for that meeting.
(3) Prior to the Planning Commission meeting, the application package will be distributed to other City departments and consulting professionals and agents of the City as appropriate for review and comment.
(4) Following the staff review of the application, the PUD Zone Map Amendment and Preliminary Development Plan shall be referred to the Planning Commission for review.
(5) The Planning Commission shall review the Zone Map Amendment and Preliminary Development Plan and shall furnish to City Council its recommendation with respect to the submitted plans. Planning Commission shall render its recommendation based on a thorough review of the application, and the application's consistency with the requirements of this Chapter.
(6) City Council, following receipt of the Planning Commission's recommendation, shall set a date for public hearing on the Zone Map Amendment and the Preliminary Development Plan in conformance with the public hearing regulations set forth in Chapter 1123 and in the Independence City Charter.
(7) Following the public hearing, City Council shall approve, disapprove, or modify the application. City Council shall render its decision based on a thorough review of the application, Planning Commission's recommendation, the public hearing comments, and the application's consistency with the requirements of this Chapter.
(8) Following approval of the PUD Zone Map Amendment, the Preliminary Development Plan, and any applicable City Charter procedures, the owner or owner's representative may submit the Final Development Plan.
(c) Change in Zone Map. Following the approval of the PUD Zone Map Amendment, the City shall cause a notation to be made on the zoning map to reflect the area which is included in the Preliminary Development Plan.
(d) Final Development Plan Process.
(1) The Final Development Plan together with an application shall be filed with the City.
(2) The application package will be distributed to other City departments, boards, and consulting professionals and agents of the City as appropriate for review and comment.
(3) Upon determination that the application is complete, the Final Development Plan shall be referred to the Planning Commission for review.
(4) The Planning Commission shall review the application package and shall furnish to City Council its recommendation with respect to the Final Development Plan. Planning Commission shall render its recommendation based on the plan's consistency with the Preliminary Development Plan, recommendations from City staff or boards, and the requirements of this Chapter.
(5) City Council, following receipt of the Planning Commission's recommendation, shall review the proposed application package and approve, disapprove, or modify the application. City Council shall render its decision based on Planning Commission and staff's recommendation and the plan's consistency with the Preliminary Development Plan and the requirements of this Chapter.
(6) Following approval of the Final Development Plan, the owner or owner's representative shall submit all necessary building permits and other permits as required by the City.
(e) Staging Plans. If the applicant wishes to construct the development in phases, a staging plan shall be developed that clearly designates the phases of construction and shall be reviewed and approved by applicable City departments. In a phased PUD, it is expected that changes in the approved Final Development Plan may be required from time to time. In order to preserve the flexibilities which are fundamental to a PUD, planned changes or modifications are permitted subject to the procedures set forth in Section 1183.13 (f): Amendments to the Plan.
(f) Amendments to the Plan. At any time after the approval of the Preliminary Development Plan or the Final Development Plan, the owner or owner's representative my request an amendment to their plans. Planning Commission shall determine if the amendment is a major modification to the approved plans or a minor modification.
(1) Major Modification. If it is determined by Planning Commission that the amendment is a major departure from the approved plans, the amendment shall be processed as a new Preliminary Development Plan. For purposes of this section, a major departure may include, but is not limited to, a substantial change to the basic design, density, uses, circulation, or open space requirements of the approved plan.
(2) Minor Modification. If it is determined by Planning Commission that the amendment is a minor departure from the approved plans, the amendment shall be processed as a Final Development Plan application.
(g) PUD District Land Additions. At any time after the approval of the Preliminary Development Plan, the owner of owner's representative may submit application to increase the size of the District as long as all proposed land additions are controlled or owned by the same person or entity acting jointly. Any new land additions to an approved PUD shall be processed as a new Preliminary Development Plan. Land additions are not subject to the minimum area requirements set forth in Section 1183.03(a).
(Ord. 2015-23. Passed 10-13-15.)
1183.14 PUD SUBMITTAL REQUIREMENTS.
(a) Preliminary Development Plan Submittal Requirements. The Preliminary Development Plan shall include the following information:
(1) Survey or engineering drawings of the Rockside PUD District to be rezoned.
(2) Narrative description of the proposal including how the development is consistent with the Area Plans document approved by City Council on August 11, 2015.
(3) Proposed parcels contained within the District including parcel lines, parcel numbers, and dimensions.
(4) The locations of proposed buildings and land uses within the District. The amount of land area dedicated for each type of land use shall be indicated.
(5) For residential developments, the type of unit, dwelling unit density, minimum lot sizes, frontages, and setbacks shall be specified.
(6) Preliminary interior open space system and landscape concepts.
(7) Location of existing and proposed public and private streets.
(8) Minimum peripheral setbacks around the perimeter of the District.
(9) Location of all existing structures located within the District and within 25 feet of the boundary of the proposed District.
(b) Final Development Plan Submittal Requirements. The Final Development Plan shall contain and be accompanied by the following unless waived by Planning Commission:
(1) Plat for the entire District identifying parcel numbers, lines, dimensions, and areas.
(2) Location, size, height, use, general design, color, and exterior façade material of all main and accessory buildings or structures and proposed fences and walls.
(3) Vehicular and pedestrian traffic patterns, with a traffic impact study, including the locations of public and private streets.
(4) Layout and location of all off-street parking areas including the number of spaces, type of pavement, curbing, design features, and landscaping.
(5) Location of all proposed utilities.
(6) Design and location of all existing landscaping to be preserved and all proposed landscaping areas, open spaces, buffering plans, retention areas, and yards including the common and scientific names of all proposed plant species.
(7) Location, height, design, and specifications of exterior lighting.
(8) Topographic plan with existing and proposed grading, drainage, drainage structures, retention systems, ditches, drain sizes, and easements.
(9) Development agreement.
(10) Photometric plan.
(11) Additional information as requested by the Planning Commission or City Council to supplement the above information when special conditions occur. (Ord. 2015-23. Passed 10-13-15.)
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