The City includes several large residential parcels of land which, to date, have not, for various reasons, been developed for residential purposes. The development of these remaining large land parcels for residential purposes would be in the best interest of the City which has an overall residential character. The establishment of a U-2-A Planned Unit Development (P.U.D.) District allows for the development of unified and preplanned residential areas within the City and provides land developers with the opportunity to utilize contemporary architectural design, site arrangement, landscaping and land development technologies. The provisions of this chapter are intended to both enhance the growth of the City as a residential community and to provide for the preservation of existing environmental conditions.

   Because of the special characteristics of a U-2-A District, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this chapter and those of other chapters of this Zoning Code, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the other provisions of this Zoning Code.

(Ord. 1985-29. Passed 10-14-85.)

   As used in this chapter:

   (a)   "Attached single-family dwellings" means individually owned single-family dwelling units, such as condominiums, not exceeding eight, which are attached to one another by masonry common walls and which have individual heating, plumbing and electrical facilities.

   (b)   "Environmental easement" means a deed restriction which restricts the manner in which an owner may use or develop his or her property. As examples, the holder of the easement may restrict building height, density or type of development, or may preserve open space, of the property for which the easement is granted.

   (c)   "Open space" means an area substantially open to the sky which may be on the same lot with a building. The area may include, along with natural environmental features, water areas, swimming pools, tennis courts, golf courses and other recreational uses and facilities deemed permissible by the City Planning Commission and Council. Streets, parking areas, structures for habitation and the like shall not be included.

   (d)   "Planned unit development" means an area of land in which a variety of housing units is accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those that would normally apply under other single-family regulations, allowing for clustering of houses to preserve common open space for scenic beauty and recreation for the use of the residents in the P.U.D.

   (e)   "Restrictive covenant" means an agreement written into a deed or other instrument which stipulates the uses or nonuses of property as well as the performance or nonperformance of certain acts.

(Ord. 1985-29. Passed 10-14-85.)

   Within an approved U-2-A District, all structures and land shall be used and/or designed for the following purposes:

   (a)   Main Uses and Buildings. Attached and/or detached single-family residential dwellings;

   (b)   Accessory Uses and Buildings.

      (1)   Attached garages for each dwelling unit and open parking spaces for residents and guests;

      (2)   Storage and maintenance structures needed for the operation and maintenance of buildings and the site;

      (3)   Signs as regulated by Chapter 1191;

      (4)   Other uses, if deemed appropriate by the City Planning Commission and with the approval of Council, and which are consistent with the intent of the P.U.D.; and

      (5)   Open space uses, such as natural environmental features, tennis courts, swimming pools, golf courses and other recreational facilities deemed appropriate by the Commission and Council, as part of the required open space within the P.U.D. Such facilities may be commonly or privately owned and maintained and shall be designed and operated primarily for the P.U.D. residents.

(Ord. 1985-29. Passed 10-14-85.)

   (a)   Minimum Project Area. A U-2-A District shall contain a minimum project area of forty acres. All land within the development shall be under common ownership and contiguous, meaning that it shall not be divided by:

      Any tract of land not owned by the developer of the P.U.D., other than local streets or easements for pipelines or electric transmission lines; or

      Any limited access highway.

   (b)   Maximum Overall Density. No P.U.D. project area shall contain more than three and one-half dwelling units per acre of the total project area, excluding streets and above-surface utility easements.

   (c)   Maximum Units Per Structure. No building within a P.U.D. shall contain more than eight dwelling units.

   (d)   Minimum Building Setback From Streets and Lot Lines.

 

 

   (e)   Minimum Separation Between Buildings. The minimum distance between buildings within a P.U.D. shall be not less than the height of the highest adjacent building.

    (f)   Minimum Livable Floor Area. The minimum livable floor area shall be 1,200 square feet for a one-bedroom unit, with 200 square feet of additional living area required for each additional bedroom or den.

    (g)   Maximum Building Height. Buildings shall not exceed two stories or thirty-five feet in height, measured from the natural grade.

(Ord. 1985-29. Passed 10-14-85.)

   (a)   A minimum of fifty percent of the net area of a U-2-A District shall be reserved in perpetuity for open space and recreational uses. If the open space and recreational uses are not held in common ownership by the P.U.D. condominium owners, then environmental easements shall be granted in perpetuity to each condominium owner and the City, specifying the manner of use and development restrictions for the open space.

   (b)   Prior to P.U.D. approval, the developer shall submit legal instruments describing the plan and methods for care and maintenance of the common open space and recreation facilities. Approval by the City Planning Commission shall be based on the following standards:

      (1)   Instruments shall guarantee that open spaces shown on the final development plan shall remain as such.

      (2)   Common open space and recreation areas, other than areas subject to environmental easements, may be deeded to the homeowners association or condominium owners.

      (3)   Environmental easements and other restrictions of record shall be granted to each unit condominium owner and the City for those open space and recreational uses not under common ownership.

(Ord. 1985-29. Passed 10-14-85.)

   Vehicular and circulation systems shall be designed to ensure safe, efficient movement through a P.U.D. and into the surrounding highway system. The design of circulation systems shall be governed by the following standards:

   (a)   Safe and easy access by emergency, public safety and delivery vehicles shall be provided in all areas of the P.U.D.

   (b)   Pedestrian and bicycle systems shall be insulated as much as possible from vehicular movement.

   (c)   Standards for the design and construction of all private streets within a U-2-A District may be either concrete or full-depth asphalt, as specified in the standards adopted by the City.

   (d)   The preliminary development plan of the P.U.D. that is submitted to the City Planning Commission and Council shall designate which streets shown thereon are major and minor streets.

(Ord. 1985-29. Passed 10-14-85.)

   Underground utilities, including cable television, telephone and electrical systems, are required within the limits of a P.U.D.

(Ord. 1985-29. Passed 10-14-85.)

   (a)   General Procedure. In general, the procedure for approval of a P.U.D. requires site plan review and approval of a preliminary and final development plan.

    (b)   Preapplication Meeting. The developer should meet with the Director of Buildings and the City Planning Commission prior to submission of the preliminary plan to discuss informally the purpose and intent of the U-2-A District and other pertinent zoning regulations and the criteria and standards contained in this Zoning Code. At this time, the developer should also be familiarized with zoning and building regulations and the drainage, sewerage and water systems of the City.

   (c)   Approval of Preliminary Development Plan or Rezoning to P.U.D. An application for preliminary P.U.D. approval shall be filed with the Commission by at least one owner or lessee of the property for which the P.U.D. is proposed.

   Where the property at the time of application for designation of a U-2-A District is otherwise zoned, the applicant shall submit a request for rezoning to P.U.D. in conformity with the procedure described in this Zoning Code.

   If the land is rezoned to P.U.D., and if any attempt is made to deviate from the preliminary development plan, or if a deviation from the development plan occurs without the express approval of Council and the Commission, then Council may, at its option, rezone the property to any other zoning category which Council finds and determines to be consistent with the overall planning and zoning of the City. All deed restrictions shall be enforced.

   (d)   Contents of Preliminary Development Plan Application. The application shall contain the following information:

      (1)   The name and address of the applicant;

      (2)   The name and address of the registered surveyor, engineer and/or planner assisting in the preparation of the plans;

      (3)   A legal description of the property;

      (4)   A description of the existing use; and

      (5)   A preliminary development plan showing:

      (6)   Topography at two-foot contour intervals;

      (7)   The location and type of residential dwelling units and the number of units;

      (8)   The location of proposed streets, parking areas, rights-of-way, utility easements and common open space and recreation areas;

      (9)   The location and dimensions of buildings and set-back lines;

      (10)   A proposed schedule for site development;

      (11)   Acreage of the project and the designation of the north arrow;

      (12)   Descriptive data as to the methods to be used to preserve and maintain open space; and

      (13)   A plan showing provisions for control of erosion and sedimentation during and after construction, which plan shall be accompanied by documentation indicating a review and recommendation on the plan by the County Soil and Water Conservation District or another competent agency or soil scientist.

   (e)   Preparation of Final Development Plan. Prior to an application for a building permit for the P.U.D. or any part thereof, and after approval of the preliminary plan, the developer shall submit the final development plan to the Commission and Council. The final development plan shall be in conformity with the approved preliminary plan, unless amendments to the plan are approved by the Commission and Council. Fifteen copies of the final development plan shall be submitted and endorsed by a registered surveyor or engineer.

   (f)   Application for Approval of Final Development Plan. An application for approval of the final development plan shall be filed with the Commission by at least one owner or lessee of the property for which the P.U.D. is proposed. At a minimum, the application shall contain the following:

      (1)   A survey of the proposed site, showing dimensions, property lines and existing features of the site;

      (2)   All information required on the preliminary development plan, the proposed density of dwelling units and the location of nonresidential buildings;

      (3)   A schedule for the development of units to be constructed in phase;

      (4)   Tabulation of the number of acres in the proposed development for various uses, estimated residential population and standards for open space, parking areas and other improvements proposed;

      (5)   Engineering feasibility studies and plans as necessary for adequate water, storm and sanitary sewer, drainage, electricity, telephone and natural gas installations and the nature and extent of earthwork required for site preparation and development;

      (6)   A site plan showing the relationship of buildings, various use areas and circulation;

      (7)   Typical building plans for each type of structure proposed, including floor plans and exterior elevations;

      (8)   Landscaping plans; and

      (9)   Deed restrictions, protective covenants and other legal instruments to be used to control the use, development and maintenance of the land and improvements, including those areas to be owned in common and so maintained, such as land, walls and driveways.

   (g)   Expiration and Extension of Approval Period. If no construction has begun within one year with extensions or within two years after final approval has been granted, the approved final development plan shall be void. An extension of the time limit or modification of the approved final development plan may be approved by the Commission and Council if they find that such extension or modification is not in conflict with the public interest.

   (h)   Supplementary Conditions.

      (1)   No zoning amendment passed during the time period granted for the approved final development plan shall affect the terms under which approval of the P.U.D. was granted.

      (2)   If one or more dwelling units are destroyed by fire or other cause, no other structure may be built in its place, except the same type of dwelling unit, which shall be built to the original intent of this District.

(Ord. 1985-29. Passed 10-14-85; Ord. 1990-18. Passed 4-23-90.)

   (a)   Standards. The following standards and specifications and the sketch contained in subsection (b) hereof, for full-depth asphalt construction for private streets in a U-2-A Planned Unit Development District, are hereby adopted:

      (1)   The alternate pavement construction shall consist of full-depth asphalt concrete driving lanes between Portland cement concrete curbs and gutters, constructed in accordance with applicable items in the latest edition of the State of Ohio Department of Transportation Construction and Material Specifications (ODOTS) and the typical section and details on the sketch contained in subsection (b) hereof.

      (2)   The total width of pavement from back of curb to back of curb shall be twenty-six feet for major streets and twenty-two feet for minor streets.

      (3)   The asphalt concrete shall be twenty-two feet wide for major streets and eighteen feet wide for minor streets, with a total thickness of nine and one-half inches, consisting of a two and one-half inch surface course of ODOTS Item 404 applied in two lifts on a seven-inch base course of ODOTS Item 301.

      (4)   The Portland cement concrete combination curb and gutter shall be constructed in accordance with ODOTS Item 609 and shall be two feet wide with a minimum thickness of nine and one-half inches, plus a curb four inches high along the outside edge, tapering down to the gutter line one foot away from the outside edge.

      (5)   Curb drains shall be installed along the outside edge of all curbs in accordance with ODOTS Item 605. The pipe shall be perforated, vitrified clay (ASTM C-700 ES), four inches in diameter, and the bottom set two feet, four inches below the top of the curb.

      (6)   The pavement shall be constructed on a subgrade prepared and compacted in accordance with ODOTS Item 203.

(Ord. 1981-35. Passed 10-26-81.)

   For any property zoned U-2-A(1), the regulations of Sections 1162.01 through 1162.09 shall apply, unless specifically modified by this section, as follows:

   (a)   Minimum Project Area. A U-2-A(1) District shall contain a minimum area of three acres, provided that an individual project may be less than three acres when it is contiguous to an existing U-2-A(1) project or project area.

   (b)   Maximum Overall Density. The maximum overall density shall not be more than four and three-quarters units per acre.

   (c)   Minimum Building Setback From Existing Streets. The minimum building setback from Ridgebury Boulevard shall be 130 feet and the minimum building setback from all other streets existing at the time of the U-2-A(1) development shall be ninety feet. Front setbacks shall be measured from the front street right-of-way line.

   (d)   Minimum Building Setbacks From All Other Boundaries. The minimum building setback from all other PUD boundaries within a U-2-A(1) District shall be thirty feet.

   (e)   Minimum Separation Between Buildings. The minimum distance between buildings within a U-2-A(1) District shall be as follows:

      (1)   Fifteen feet when two side walls are adjacent to each other;

      (2)   Thirty feet when a main wall (either front or rear) is adjacent to a side wall; and

      (3)   Forty-five feet when two main walls (either front or rear) are adjacent to each other, provided that if parallel walls exceed 100 feet in length (or even if the buildings which are detached have the appearance of parallel walls in excess of 100 feet in length), the spacing between buildings shall be increased to seventy feet for a minimum length of fifty feet.

   (f)   Minimum Distance Between Private Street and Garage. The front of the garage for each unit shall be set back a minimum of twenty-two feet from the pavement edge of a private street.

   (g)   Open Space Requirements. A maximum of fifty percent of the project area shall be devoted to building ground floor areas and the paved surfaces for roads and driveways. Conversely, that portion of the site which is not devoted to such buildings and paved areas shall be either patios, grass or appropriately landscaped. This subsection supersedes the requirements of Section 1162.05.

   (h)   Private Streets. Private streets serving the project shall have a minimum width of twenty-four feet.

   (i)   Guest Parking. One guest parking space shall be provided for every two dwelling units in the project and such guest parking shall not include either the garages or the driveway in front of the garages.

   (j)   Access. The Planning Commission shall establish the number and location of access drives to the project which the Commission determines will maximize public safety, adequately manage and maintain traffic flow on existing streets and be convenient to the residents of the proposed development.

(Ord. 1999-15. Passed 6-14-99.)