Leo Cedarville City Zoning Code
PLANNED DEVELOPMENTS
§ 152.155 PD DISTRICT INTENT, PERMITTED USES, AND MISCELLANEOUS STANDARDS.
(A) District intent.
(1) The purposes of these regulations are to provide greater design flexibility in the development of land when consistent with the Comprehensive Plan and intent of the Zoning Ordinance and Subdivision Control Ordinance. The use of planned development zoning classifications shall be encouraged when the use of such regulations promotes a harmonious variety of uses, provides for an economy of shared services and facilities, are compatible with surrounding areas and/or foster the creation of attractive, healthful, efficient and stable environments for living, shopping or working.
(2) The planned development regulations and procedures may apply to the development of existing developed lands, or vacant lands. Further, these regulations only apply to large tracts of land (over 20 acres).
(3) Planned development regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility, variety in type, design and layout of sites and buildings. Also, planned development projects should also encourage a more efficient use of land so that resulting economies may accrue to the benefit of thecommunity at large. Examples of this concept would include the preservation of existing trees or wetlands, and the inclusion of recreation areas within new subdivisions.
(B) Permitted uses.
(1) All uses are subject to the discretion and approval of the Plan Commission and Town Council. No uses are granted by right.
(2) In general the uses that will be allowed in a planned development are uses designated as permitted uses or special exceptions in the zoning district prior to being changed to a planned development district. For example if the previous zoning was R2 and the proposed planned development district would be PD-R2, the permitted uses and special exceptions in the R2 District would generally be appropriate.
(3) All other land uses will be reviewed and considered carefully by the Plan Commission. All land uses proposed in a PD must be nonconflicting and in the spirit of the previous zoning district and surrounding land uses and zoning districts.
(C) Special exception uses.
(1) Minimum land area - 20 acres to qualify for any PD.
(2) Minimum overall lot frontage - 300 feet on a public street with access from said public street.
(3) Maximum lot coverage - Square feet of all primary and secondary structures, and impervious surface cannot exceed 65% of the lot area.
(4) Minimum floor area.
(a) Residential unit - 900 square feet.
(b) Commercial unit - 1200 square feet.
(5) Maximum floor area - Fabrication/manufacturing unit: 20,000 square feet.
(6) Maximum structure height.
(a) 40 feet for the primary structure.
(b) 20 feet for accessory structures.
(7) Minimum open space.
(a) 30% for residential based planned developments.
(b) 10% for commercial based planned developments.
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§ 152.156 GENERAL.
Planned developments are a special district that can be petitioned for by a land owner or developer. No zoning district shall be zoned for PD prior to a petition to the Plan Commission.
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§ 152.157 REZONING TO A PLANNED DEVELOPMENT DISTRICT.
(A) Planned development districts can only be created from the R2, R3, R4, OC, C1, and C2 zoning districts. From each of these zoning districts (called base zones once a petition for PD is submitted) only one planned development district can be created once the development plans are approved by the Plan Commission. They are:
(1) R2 can only be rezoned to PD-R2;
(2) R3 can only be rezoned to PD-R3;
(3) R4 can only be rezoned to PD-R4;
(4) OC can only be rezoned to PD-OC;
(5) C1 can only be rezoned to PD-C1; and
(6) C2 can only be rezoned to PD-C2.
(B) Other zoning districts can be rezoned directly to a PD District. A petitioner may first ask that a property be rezoned to a zoning district that allows PD Districts. Further, if a petitioner wants a PD district that is different than the current base zone a successful rezoning request to change the zoning district to the preferred base zone must first be accomplished.
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§ 152.158 PLANNED DEVELOPMENT USES.
Planned developments may contain mixed uses. Depending on the previous zoning (i.e. R2 or C1) the maximum overall square footage allowed by type is as follows:
Previous District | New District | Residential | Commercial | Manufacturing |
R2 | PD-R2 | 100% | 15% | 0% |
R3 | PD-R3 | 100% | 20% | 0% |
R4 | PD-R4 | 100% | 40% | 0% |
OC | PD-OC | 50% | 70% | 0% |
C1 | PD-C1 | 40% | 100% | 0% |
C2 | PD-C2 | 40% | 100% | 30% |
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§ 152.159 ORIGINATION OF PROPOSALS.
Any person or group of persons may propose a Planned Development District in accordance with the procedures hereinafter established. Further, the person or group of persons making such proposal intends to act as developer or sponsor of the development. A parcel, or site proposed for a planned development need not be under single ownership. However, if not under single ownership, the multiple owners must have a contractual agreement to not developed separately, but in accordance with a single, unitary plan, and in which the separate owners have given their expressed intentions to enter into such private agreements and assure its completion as planned to the satisfaction of the Plan Commission.
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§ 152.160 GENERAL PROCEDURE.
(A) The general procedure for establishing a PD is as follows.
(1) Petitioner to meet informally with the Plan Commission to discuss general concepts of the development and to make sure petitioner understands the process. This step is optional but strongly encouraged.
(2) Petitioner develops the preliminary development plans and plat for all land involved in the PD.
(3) Petitioner files for rezoning to the PD classification and submits the preliminary development plan and plat to the Plan Commission.
(4) The Plan Commission will review the preliminary development plan and then meet with the petitioner within 35 days to make comments.
(5) The petitioner will revise the plans (if necessary) and submit the final development plan to the Plan Commission.
(6) The Plan Commission will schedule a public hearing for the rezoning of the property and for review of the final development plan. The Plan Commission will give a favorable or unfavorable recommendation to the Town Council to grant the rezoning and final development plan.
(7) If the Plan Commission gives an unfavorable recommendation, the petitioner may revise the final development plan and resubmit the information or continue with the process with the Town Council with the unfavorable decision of the Plan Commission.
(8) If the Plan Commission gives a favorable recommendation, the Town Council will, at their following regularly scheduled meeting, review the rezoning petition and final development plan and vote to approve or disapprove.
(9) If the Town Council disapproves the rezoning and final development plan, the petitioner must wait one year before resubmitting another petition or development plan.
(10) If the Town Council approves the rezoning and final development plan, the land is officially rezoned and the petitioner may move forward with the detailed plan approval process.
(11) The official zoning map must be amended to reflect the zoning change, date of approval by the Town Council, and the Town Council petition designation number.
(12) The petitioner shall submit the detailed plan 30 days prior to a scheduled Plan Commission meeting for their review.
(13) When approved, the detailed plan will be stamped and signed by the Plan Commission President and Secretary. The petitioner may begin site development and procedures for building permits.
(14) All agreements shall be recorded as covenants with the County Recorder and be clearly stated that they are enforceable by the Plan Commission.
(15) Upon 100% completion of the development the public properties shall be deeded over to the community as per agreements. Also, the Plan Commission or representative(s) will review the completed project for compliance to the agreement.
(B) Detailed descriptions of each general step outlined above are written in more detail in the following sections.
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§ 152.161 FILING PROCEDURE.
The authorization of a planned development (PD) shall be subject to the following procedures.
(A) First a petition for rezoning to the PD classification shall be submitted. Said petition shall be signed by the owner or owners of all real estate involved in the petition for the planned development, or shall have attached thereto letters of consent to change to a PD classification by all such owners prior to the filing.
(B) The petition shall include a preliminary development plan and plat for any area proposed for development as a planned development. The petition, preliminary development plan and plan shall be filed with the Plan Commission for review at their next available, regularly scheduled meeting.
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§ 152.162 PRELIMINARY DEVELOPMENT PLAN.
(A) The following shall be included in the preliminary development plan:
(1) Proposed layout of streets, open space and other basic elements of the plan;
(2) General description of, location of, and types of structures on the site;
(3) Proposals for handling traffic, parking, sewage disposal, drainage, tree preservation and removal, lighting, signage, landscaping, and other pertinent development features;
(4) A separate location map, to scale, shall show the boundary lines of adjacent land and the existing zoning of the area proposed to be developed as well as the adjacent land;
(5) A general statement of the covenants to be made a part of the planned development as well as the order and estimated time of development;
(6) A statement of the proposed order of development of the major elements of the project, including whether the development will be in phases, and, if so, the order and content of each phase; and
(7) The land use categories within the development, including proposed densities of said uses.
(B) The preliminary development plan shall be presented to the planned development sub-committee of the Plan Commission for their review and comment, to a scale ratio not to exceed 100 feet = one inch. The preliminary plan may include any additional graphics which will explain the features of the development.
(C) Within 35 days after filing, the planned development sub-committee shall consult with the petitioner regarding the petition and review all comments. After such consultation the petitioner may make modifications to the petition.
(D) After consultation with the planned development sub-committee and after making any modifications to the proposed preliminary plans, the petitioner shall file the proposed final development plan.
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§ 152.163 FINAL DEVELOPMENT PLAN.
The final development plan shall:
(A) Include all documents included in the preliminary development plan, as updated and/or amended;
(B) Include an index identifying all documents included in the preliminary development plan;
(C) Include a cover sheet indicating that it is the final development plan and indicating the date and case number; and
(D) Be bound together and all documents submitted on paper 8-1/2 x 11 inches in dimension, except for the maps, sketches, plans and conceptual plat(s), which must be folded to 8-1/2 x 11 inches.
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§ 152.164 FINAL DEVELOPMENT PLAN HEARING.
The petition, as modified, shall be reviewed by the Plan Commission. The Commission may recommend approval, amendment, or disapproval of the plan and may impose any reasonable condition(s) with a recommendation for approval. If approval is recommended, the final development plan shall be stamped “Approved Final Development Plan” and be signed by the President and Secretary of the Plan Commission. Once recorded a copy of the recorded documents shall be permanently retained in the office of the Commission.
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§ 152.165 APPROVAL OF DETAILED PLAN.
(A) Before development can occur, the petitioner shall present to the Plan Commission a detailed plan specifying the location, composition, and general engineering features of all lots, drainage, sewage, water supply facilities, recreation facilities, site perimeter treatment, landscape plan, and other site development features including locations of proposed buildings. The Commission shall then approve, amend, or disapprove said detailed plans by motion, upon an affirmative finding that the detailed plan is consistent with the approved final development plan. Having so approved the detailed plan, the Commission shall have no further authority to review or act thereon, except as to enforcement, or the review of an amendatory ordinance, or as hereafter provided for.
(B) The approved detailed plan shall be stamped “Approved Detailed Plan” and be signed by the President and Secretary of the Plan Commission with one copy permanently retained in the office of the Plan Commission.
(C) Approval of the detailed plan shall be obtained within one year of the adoption of the approved final development plan.
(D) The Zoning Administrator may from time to time approve minor modifications of the approved detailed plan in a manner consistent with the approved final development plan. Such modifications shall not include any increase in density, any reduction in aesthetic treatments, any alteration of frontage or general building location, any change in type of use, or any change in access points.
(E) The approved final development plan may provide for development of the property in phases. If such phasing is included as a part of the approval of the final development plan, the petitioner may submit partial detailed plans which correspond to the phases involved. Such partial detailed plans, when approved, shall be treated in the same manner as approved detailed plans for an entire planned development.
(F) Approval of the detailed plan shall expire after a period of two years from the approved phasing of the final development plan unless the development is 75% complete in terms of public improvements including streets, parks, walkways, utility installations and sanitary sewers or is consistent with the approved phasing schedule. Determination of the amount of completion shall be made by the Zoning Administrator.
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§ 152.166 COVENANTS AND MAINTENANCE.
(A) Covenants, when required by the Plan Commission, shall be set forth in detail. Furthermore, covenants shall provide for a provision for the release of such restriction by execution of a document so stating and suitable for recording signatures of the Commission President and Secretary upon authorization by the Commission and signatures of all the owners of property in the area involved in the
petition for whose benefit the covenant was created. Such covenants shall provide that their benefits be specifically enforceable by the Commission. An executed recorded copy shall be provided to and maintained in the Plan Commission office.
(B) The Commission shall require the recording of covenants by the Allen County Recorder for any reasonable public or semi-public purpose, including, but not limited to, the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities, and other public and semi-public purposes, as part of the platting process or via an other suitable legal instrument.
(C) The Commission may require the recording of covenants based upon the approved detailed plan for any other reasonable purpose, including but not limited to, imposing development standards. Such development standards may include, but are not limited to, requirements as to the following:
(1) Lot area;
(2) Floor area;
(3) Ratios of floor space to land space;
(4) Area in which structures may be built (“Buildable area”);
(5) Open space;
(6) Setback lines and minimum rear yards;
(7) Building separations;
(8) Height of structures;
(9) Signs;
(10) Off-street parking and loading space;
(11) Design standards; and
(12) Phasing of development.
(D) The petitioner shall be required to provide financial assurance for the satisfactory installation of all public facilities in the form of bonds or such other assurances as are required in the normal procedures of platting pursuant to the provisions of the Subdivision Ordinance.
(E) Adequate provision shall be made for a private organization (i.e., Homeowners Associations) with direct responsibility to, and control by, the property owners involved to provide for the operation
and maintenance of all common facilities if such facilities are a part of the planned development, and, in such instance legal assurances shall be provided which show that the private organization is self-perpetuating.
(F) All common facilities not dedicated to the public shall be maintained by the aforementioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
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§ 152.167 RECORDING.
(A) All approved detailed plans, covenants, commitments, plats, and modifications thereof shall be recorded in the office of the Allen County Recorders Office within 60 days after approval.
(B) Where upon completion of all development, the exact measurements, as to the location of buildings, roads, infrastructure, and structures erected during the development, are deemed desirable for public record by recording, the developer will submit a copy of the “Approved Detailed Plan” with the exact measurements. Once verified by the Plan Commission that the exact measurements are substantially the same as indicated on the original approved detailed plan, the Plan Commission shall reapprove, date and sign said amended approved detailed plan, which the developer may then record.
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§ 152.168 PERMITS.
An improvement location permit shall be issued for all improvements proposed by the planned development with full compliance to the approved detailed plan once the plans have been recorded and two copies have been provided to the Planning Commission.
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§ 152.169 CONSTRUCTION.
(A) No construction or installation work shall commence on any public improvements until satisfactory plans and specifications have been submitted to the Plan Commission and until the petitioner provides, at least 48 hours in advance, notice to the Town Engineer having jurisdiction of the public facility, in order that inspections may be made as the work progresses.
(B) All development shall be in conformity with the approved detailed plan and any material deviations from the approved detailed plan shall be subject to appropriate enforcement action
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§ 152.170 EXTENSION, ABANDONMENT, EXPIRATION.
(A) An extension, not to exceed 12 months, for accomplishing any matters set forth within this subchapter, may be granted by the Plan Commission for good cause shown.
(B) Upon the abandonment of a development authorized under this section (abandonment shall be deemed to have occurred when no or minimal improvements have been made pursuant to the approved detailed plan for nine consecutive months), or upon the expiration of three years from the approval of the detailed plan for a development which has not been completed, the land will revert to the base zoning district. The Plan Commission may grant up to a 12 month extension. If an extension for expiration is granted such extension shall be recorded.
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§ 152.171 RULES OF PROCEDURE.
All proceedings brought under this section shall be subject to the rules of procedure of the Plan Commission, where not described otherwise herein.
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§ 152.172 LIMITATION OF REZONING.
Any initiative of the Plan Commission to amendment the Zoning Ordinance or Subdivision Control Ordinance, and that would affect an approved planned development before its completion, shall not be enforced on the planned development. Only in the case that the planned development is no longer in conformity with the approved detailed plan or is not proceeding in accordance with the time requirements imposed herein or by agreement, will the new amendments of the Zoning Ordinance or Subdivision Control Ordinance apply.
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