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North College Hill City Zoning Code

CHAPTER 1169

Planned Unit Development District PUD

1169.01 PURPOSE.

   The purpose of the Planned Unit Development (PUD) District is:
   (a)   To allow flexibility in the zoning requirements where the result will be a higher quality development;
   (b)   To encourage the most skillful planning in the arrangement of buildings, the preservation of open space, mix of land uses, and the efficient use of topography and other site features;
   (c)   To obtain creative and coordinated designs in harmony with surrounding uses and to allow procedures supplemental to those applicable in other use districts to establish under which development plans particularly designed to meet the objectives of this Chapter;
   (d)   To allow for creative development that conforms to the goals and objectives set forth in the North College Hill Comprehensive plan;
   (e)   To encourage the best features of sustainable neighborhood development;
   (f)   To promote business and employment opportunities, where applicable.
      (Ord. 2-2013. Passed 7-1-13.)

1169.02 PUD DISTRICT DESIGNATION AND GENERAL REQUIREMENTS.

   (a)   Types of PUD's. Subsequent to the approval by City Council, the designation of PUD may replace any existing zoning district, with the limitations described herein. There are two types of PUD's permitted under this zoning code:
      (1)   PUD-RES. A PUD may be predominately comprised of residential land uses of varying types and densities, in which case it is referred to as a PUD-RES. The tract of land proposed to be developed as a PUD-RES must be owned or controlled by one person or single entity.
      (2)   PUD-BUS. A PUD may also be a commercial or mixed use development, including commercial and residential uses, referred to and a PUD-BUS. The tract of land proposed to be developed as a PUD-BUS must be owned or controlled by one person or a single entity, and must be at least (1) contiguous acre in size.
      (3)   Upon approval of the Final Development Plan according to Section 1169.06, the Official Zoning Code shall be amended to include the approved regulatory language in the appendix of the code.
   (b)   Permitted Uses. The permitted uses in both the PUD-RES and PUD-BUS district are as set forth below:
      (1)   Permitted Uses - PUD-RES. An applicant may propose to include any mixture of permitted or conditional uses traditionally permitted in any residential district established in this zoning code, as well as land uses which are allowed as a permitted used in the C-1 district, provided that not more than twenty-five percent (25%) of the net acres in the development is devoted to non-residential uses. Non-residential uses must be conducive to providing services geared towards local neighborhood needs.
      (2)   Permitted Uses - PUD-BUS. An applicant may propose to include any mixture of non-residential land uses in a proposed PUD-BUS development that is permitted or is conditionally permitted in this zoning code. A PUD-BUS may include residential uses only if such uses are located on the upper floor(s) of a multi-story building.
   (c)   Development Standards and Guidelines. The following standards represent broad parameters under which all PUD developments must be designed.
      (1)   General Review Guidelines for Approval. In evaluating a proposed Development Plan, the following guidelines shall be used by the Planning Commission and City Council.
         A.   The PUD district is consistent with the goals and objectives of the NCH comprehensive plan.
         B.   The PUD district is an effective and unified treatment of the development possibilities of the project site, and the development plan makes appropriate provisions for the preservation of streams and stream banks, wooded cover, rough terrain and similar areas.
         C.   The PUD district is planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.
         D.   Off-street parking and loading areas are provided in accordance with Chapter 1177, unless otherwise altered by the PUD.
         E.   There is a beneficial relationship between the proposed PUD district and the neighborhood/area in which it is to be established.
         F.   Evidence of sufficient or proposed off-site and on-site services and infrastructure is presented. Said services or infrastructure shall be in place at completion of construction of the project.
         G.   Common open spaces and recreational areas shall be accessible to the entire PUD and community in general.
         H.   Commercial uses shall be compatible with the character of the surrounding residential buildings.
         I.   Buildings should be sited in an orderly, non-random fashion. Long, unbroken building facades should be avoided.
         J.   Although not required, the projects should follow the recommendations as published by the U.S. Green Building Council.
      (2)   Central Water and Sewer Facilities. All structures in developments approved as a PUD must be served by central or public water and sewer facilities.
      (3)   Development Layout and Design. The design and layout of all PUDs shall display excellence in design by properly considering significant site features such as topography, natural drainage patterns, roadway access and circulation, surrounding land used, and general public welfare to result in desirable and sustainable land development. Attractive landscaped buffer areas shall be provided between the PUD and incompatible land use and activities.
      (4)   Utilities. All utility services in a PUD shall be entirely underground.
      (5)   Circulation. The pedestrian and vehicular circulation systems shall be designed to fully accommodate traffic generated by the development in a safe and efficient manner.
         A.   Internal local streets shall connect to existing street systems that are capable of handling the new traffic generated by the new development.
         B.   Pedestrian circulation systems shall connect to external pedestrian systems either through sidewalks or trails.
      (6)   Required Open Space and Common Land: Public open spaces shall be required as a condition of approval for any PUD. Public open spaces encompass several types of spaces including open, undeveloped land or public gathering spaces such as plazas, wider sidewalks for sidewalk cafés, urban gardens, expanded tree lawns, or pocket parks that encourage public gatherings.
         A.   PUD-RES
A minimum of twenty percent (20%) (excluding areas for vehicle parking and circulation) of the land developed for residential purposes in a PUD-RES project shall be reserved for common open space including undeveloped land and/or public gathering spaces. Clustering residential density is encouraged to preserve undeveloped open space.
         B.   PUD-BUS
A minimum of fifteen (15%) of the land developed in a PUD-BUS shall be reserved for public open spaces including undeveloped land and/or public gathering spaces.
      This required amount of common space shall be established as common open space under one owner, and provisions shall be established for maintenance and care. The legal articles relating to any organizations of property owners in the development charged with such open space maintenance shall be submitted to the City. The City Council may require as a condition of final approval, any evidence deemed necessary to document that the required common space shall remain in its stated condition as long as the development exists, including but not limited to such legal documents as deed restrictions, conservations, easements.
      (7)   Clustering Residential Density:
         A.   PUD-RES
To achieve a clustering of residential density and to provide for the required common open space or public gathering area(s) in a PUD-RES, the lot area requirements for residential land uses may be reduced by up to twenty percent (20%) from the highest density residential use regulated under this code at the time of application for the type of residential use proposed (e.g. single family, two family or multi-family). The lot width and yard requirements for residential lots may also be reduced as needed to accommodate a variety of structural patterns, clustering designs, and housing types.
         B.   PUD-BUS
To achieve a sustainable mix of residential and business uses and public open spaces, the minimum floor area requirement for multi-family residential land uses may be reduced by up to 40%.
If the Planning Commission finds that any of the following conditions would be created by an increase in density, it may then deny or limit any increase in density by an amount that is sufficient to avoid the creation of any of the following conditions:
            1.   Congested or unsafe access to the planned development.
            2.   Traffic congestion in the streets which adjoin the planned development.
            3.   An excessive burden on parks, recreational areas, schools and other public facilities that serve or are proposed to serve the planned development.
      (8)   Spacing and Building Height.
         A.   The location of all structures shall be shown on the development plans. The proposed location, height, and arrangement of structures shall not be detrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood.
         B.   Minimum lot areas, frontage and yard requirements shall be discussed with the Planning Commission to ensure that the proposed development complies with the intent of this Chapter.
      (9)   Peripheral Setbacks. If the Planning Commission determines that topographical or other barriers do not provide a sufficient buffer between "PUD" Districts and contiguous land uses to avoid detrimental impact upon the economic value of the contiguous real estate, the Planning Commission shall impose either or both of the following requirements:
         A.   Structures and parking areas located on the perimeter of the residential "PUD" District may be required to be set back by a distance sufficient to protect against an adverse impact upon the value of contiguous land.
         B.   Structures located on the perimeter of the residential "PUD" District may be required to be permanently screened in a manner that is sufficient to protect against adverse impact on the value of contiguous land.
      (10)   Residential Dwelling Types:
         A.   Along with clustering residential density, a PUD-RES may include a mixture of dwelling types, including single-family detached dwellings, two-family units, zero lot line units, and multi-family units, provided the overall maximum density is not exceeded.
         B.   A PUD-BUS may only include multi-family dwelling units located on the upper stories of a building.
            (Ord. 2-2013. Passed 7-1-13.)

1169.03 ESTABLISHMENT OF THE REVIEW PROCESS.

   The establishment of a PUD, pursuant to this Chapter, is a four-step process. It is recommended that the developer or property owner seeking the PUD meet with the City Administrator to discuss the intent of the PUD prior to filing application. This conversation shall be non-binding to the application process. The process is as follows. Application requirements are established in Section 1169.05.
   (a)   First, a conceptual plan is submitted to the Planning Commission for review and recommendation to City Council for approval. If this action is approved by City Council, the official zoning map of the City is amended to reflect the PUD designation including a number to uniquely identify the PUD (e.g. PUD-BUS 1, PUD-BUS 2, PUD-RES 3, etc.).
   (b)   Second, the PUD is reviewed by Planning Commission and, if approved, recommended by Planning Commission to City Council for consideration as a zoning map amendment pursuant to Chapter 1129, District Changes and Regulation Amendments. The approval or denial of the establishment of a PUD is a legislative action by the City Council.
   (c)   Third, a Preliminary Development Plan must be reviewed, approved and recommended by the Planning Commission for action by City Council pursuant to Section 1169.06 of this Chapter. Action on the Preliminary Plan by City Council is an administrative act. If approved by City Council, the Preliminary Development Plan becomes a text amendment to the Zoning Code Appendix with a designation PUD-RES/BUS (Insert number in sequential order).
   (d)   Fourth, a Final Development Plan must be reviewed and acted on by Planning Commission pursuant to Section 1169.06 of this Chapter. The Planning Commission's action on a Final Development Plan is final. Once approved by Planning Commission, the text of the PUD shall receive the same corresponding unique identification number stated in 1169.03(a), above. The text shall remain on file as the regulatory language guiding the development of that PUD.
      (Ord. 2-2013. Passed 7-1-13.)

1169.04 PLANNING COMMISSION AND COUNCIL ACTION ON CONCEPT PLAN.

   The Planning Commission shall study the application and Concept Plan and shall hold a public hearing within thirty (30) days of the time of submission of a complete application as determined by the Building Official. Following this public hearing, the Planning Commission shall make a report to City Council within thirty (30) days recommending approval or disapproval and the reasons therefore. The Planning Commission may explicitly impose special conditions relating to the Planned Unit Development with regard to type and extent of public improvements, maintenance of common and public open space, and any other pertinent development characteristics as needed in making a determination. The time period for review may be extended if agreed to by the applicant.
   Action on the Concept Plan by the Planning Commission and City Council shall be as follows:
   (a)   If, from the facts presented, the Planning Commission or City Council is unable to make the necessary findings specified in this Chapter, the application shall be denied or returned to the applicant for clarification. In taking action, the Planning Commission and/or Council may deny the Concept Plan or may recommend approval of said plan subject to specified amendments.
If the application is approved by the Planning Commission and City Council, the approval of the Concept Plan shall be limited to the general acceptability of the proposed land uses, density levels and their interrelationship, and shall not be construed to endorse precise location of uses, configuration of parcels, or engineering feasibility which are to be determined in subsequent preparation of Preliminary and Final Development Plans.
Approval of the Concept Plan shall constitute the approval of the rezoning of a separate "PUD" Planned Unit Development Zoning District which shall be subsequently numbered (e.g. PUD-RES-1 or PUD-BUS-2).
   (b)   At the time of adopting any Ordinance establishing a "PUD" District, City Council shall make appropriate arrangements with the applicant, which will ensure the accomplishment of the public improvements and reservation of common or public open space of the improvements shown on the approved Concept Plan. The developer shall either:
      (1)   Post a bond in the amount determined by the City to ensure completion of the necessary improvements; or
      (2)   Receive Preliminary Plat Approval upon completion of the improvement.
         (Ord. 2-2013. Passed 7-1-13.)

1169.05 PRELIMINARY AND FINAL DEVELOPMENT PLAN SUBMISSION REQUIREMENTS.

   Once the Concept Plan has been approved by the Planning Commission and City Council, the Preliminary Development Plan shall be reviewed and approved by Planning Commission and City Council. The Final Development Plans for each section of the overall Planned Unit Development must be reviewed and approved by the Planning Commission only prior to the issuance of any Zoning Certificate by the City. The Preliminary Development Plan can be filed concurrently with the Concept Plan.
   The Preliminary and Final Development Plans shall be in general accordance with the approved Concept Plan, shall be prepared for the applicant by a professionally competent engineer, architect and/or landscape architect, based on a survey prepared by a registered surveyor in the State of Ohio. Applications shall be submitted in the number of copies specified by the City including one electronic copy in PDF format.
   Submission of the Preliminary and Final Development Plans shall include the following as a minimum:
   (a)   Preliminary Development Plan.
      (1)   The general nature, location and objectives of the proposed development.
      (2)   The boundaries of the project including a metes and bounds description of the parcel and the acreage therein.
      (3)   The areas of the project to be used for each land use including residential (number of units, size and density), commercial, office, industrial, or other activities indicating the total square footage of each use.
      (4)   An area map identifying adjacent property owners, existing land uses, and existing zoning within 200 feet of the subject parcel.
      (5)   Existing contours at five (5) feet intervals or less, accompanied by the proposed grading plans.
      (6)   Site plan indicating existing: lot lines, building outlines and locations, off-street parking and loading spaces, pedestrian walkways, utilities, easement locations, floodplains, existing vegetation and vehicular circulation.
      (7)   A site plan showing proposed: lot lines, preliminary building plans, including floor plans, exterior elevations and material samples, land uses, off-street parking and loading spaces, utilities, easement locations, floodplains, vehicular circulation, proposed streets proposed sidewalks and pedestrian ways, and common open spaces
      (8)   General landscaping and buffering plans.
      (9)   A signage plan identifying the sizes and locations of all signage.
      (10)   Evidence that the development will not impose an undue burden on public services and facilities such as fire and police protection.
      (11)   Specific engineering plans, including site grading, street improvements, drainage and utility improvements and extensions as necessary.
      (12)   A document describing the proposed phasing program for the project for all dwelling units, commercial or office structures, industrial, recreational and other common facilities, landscaping and other open space improvements.
      (13)   Evidence that the applicant has sufficient control over the tract to affect the proposed plan, including a statement of all ownership and beneficial interests in the tract of land and the proposed development.
      (14)   A traffic impact study, if determined necessary by the City.
   (b)   Final Development Plan.
      (1)   The areas to be developed and the areas to be devoted to open space with accurate acreage for each use.
      (2)   Final grading plans, indicating cubic footage of cuts and fills.
      (3)   The interior roadway system, indicating existing and proposed rights-of-way and easements and cross sections of new or improved streets.
      (4)   Site plans, general floor plans and elevations for all buildings. Additional exterior detail drawings, materials specifications and paint colors may be required if deemed necessary to understand of the intent or scope of the plan.
      (5)   Descriptions as to the type of buildings, square footages and use.
      (6)   The proposed common/public open space system and areas to be in common ownership, if any.
      (7)   A detailed landscaping plan for all areas, indicating all existing and proposed vegetation by species, size and caliper; dimensions and materials, irrigation, and special lighting fixtures.
      (8)   Roadway, parking, and pedestrian lighting plans with lighting fixture types, heights and designs including proposed rights-of-way, easements and typical cross sections of proposed streets.
      (9)   The location, size, height, material, lighting method (if any), message, and design layout of all signage.
      (10)   The phasing plan for development, if any, as identified in the Preliminary Plan.
      (11)   Any modification of the general plan data presented and approved for the PUD applications may be required by the Planning Commission.
         (Ord. 2-2013. Passed 7-1-13.)

1169.06 PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL PROCESS.

   The following process shall be utilized to consider approval of the Preliminary and Final Development Plans for a Planned Unit Development:
   (a)   Preliminary Development Plan Approval.
      (1)   Planning Commission Action. The following action shall be taken by the Planning Commission on the Preliminary Development Plan within 30 calendar days of receipt of the complete preliminary development plan package:
         A.   The Planning Commission shall review the Preliminary Development Plan and accompanying documents and may request such review and comment by the Building Commissioner, City Engineer, City Administrator and other departments, as may be necessary.
         B.   The Planning Commission shall recommend to City Council approval, approval with conditions or denial, in writing, of the Preliminary Development Plan as submitted. The Planning Commission shall have the opportunity to table the hearing to provide time for the applicant to resolve outstanding issues, if necessary.
At a minimum, the Planning Commission consideration for action shall include the following:
            1.   Whether the plan is consistent with the intent and purpose of this Chapter;
            2.   Whether the plan is consistent with the Concept Plan submitted and approved by the Planning Commission and City Council.
            3.   The relationship, beneficial or adverse, of the proposed development to the adjacent properties and to the neighborhood in which it is proposed to be established; and
            4.   Whether the overall development shall be adequately serviced by present or planned utilities, roadways, and other public services; and
   Approval by the Planning Commission shall be formed as a recommendation, to City Council, for approval, denial, or approval with modifications and the reasons for such decision.
      (2)   City Council Action. Upon receipt of the recommendation from the Planning Commission on the Preliminary Plan, City Council, within 30 calendar days of receipt of the recommendation, shall:
         A.   Shall review the preliminary development plan and accompanying documents and recommendation as received from the Planning Commission.
         B.   Approve, approve with conditions or deny the Preliminary Development Plan as submitted and recommended by the Planning Commission. City Council shall have the opportunity to table the hearing to provide time for the applicant to resolve outstanding issues, if necessary.
At a minimum, City Council consideration for action shall include the following:
            1.   Whether the plan is consistent with the intent and purpose of this Chapter;
            2.   Whether the plan is consistent with the Concept Plan submitted and approved by the Planning Commission and City Council.
            3.   The relationship, beneficial or adverse, of the proposed development to the adjacent properties and to the neighborhood in which it is proposed to be established; and
            4.   Whether the overall development shall be adequately serviced by present or planned utilities, roadways, and other public services; and
   (b)   Final Development Plan Approval. The applicant has 12 months to submit a Final Development Plan to Planning Commission or the Preliminary Plan will become null and void and will require resubmission to the Planning Commission.
      (1)   Planning Commission Action. The Planning Commission shall review the Final Development Plan and approve, modify and approve, or deny the application for final approval and transmit notice thereof to the applicant within 30 calendar days of receipt of the complete final development plan package.
         A.   The Planning Commission shall give the final approval only upon finding that the following requirements are met:
            1.   The design, size, and use are consistent with the Preliminary Development Plan and with other applicable plans adopted by the Planning Commission or Council, including the policies of the North College Hill Comprehensive Plan.
            2.   The location, design, size, and uses will be adequately served by existing or planned facilities and services.
            3.   The location, design, size and uses will result in an attractive, healthful, efficient and stable environment for commerce and/or residential development.
         B.   The approval of the Planning Commission shall be documented and entered into the plan for the area and become a permanent part of the Building Official's records.
         C.   After approval of the Final Development Plan by the Planning Commission, submission and recording of appropriate subdivision plats with Hamilton County and building construction drawings shall be made. Building and construction permits and certificates of occupancy shall be conditioned upon adherence to the total development plan including landscaping, design considerations, and the construction of necessary public improvements.
         D.   Construction must commence in accordance with the approved Final Development Plan within 12 months from Planning Commission approval of the Final Development Plan. If construction has not begun within the 12 month period, the PUD is voided and the zoning reverts back to the previous zoning classification unless good cause can be shown by the applicant and an extension of not more than 12 months is granted by the Planning Commission.
            (Ord. 2-2013. Passed 7-1-13.)

1169.07 AMENDMENTS TO AN APPROVED PLANNED UNIT DEVELOPMENT.

   An approved Concept Plan, Preliminary or Final Development Plan may be amended by following the procedures described in this Chapter. However, minor adjustments in the Preliminary or Final Development Plans which become necessary because of field conditions, detailed engineering data, topography or critical design criteria pertaining to drives, curb cuts, retaining walls, swimming pools, tennis courts, fences, building locations and building configurations, parking area locations or other similar project particulars, may be authorized in writing by the Planning Commission. These minor adjustments may be permitted, provided that they do not increase density, decrease the number of parking spaces or allow buildings closer to residential property lines. Changes determined to be major shall require review and approval by the City Council.
(Ord. 2-2013. Passed 7-1-13.)

1169.08 REVOCATION.

   In the event of a failure to comply with the approved Final Development Plan or any condition of approval, including, but not limited to, failure to comply with the staged development schedule, the Building Official may, after notice, rescind, and revoke such plan approval. Violation of the final approval of the Final Development Plan for a Planned Unit Development shall constitute violation of the Zoning Code.
(Ord. 2-2013. Passed 7-1-13.)

1169.09 FILING FEES.

   The applicant requesting a Planned Unit Development shall make a non-refundable payment to the City at the time of the initial application submittal in the form of a Planned Unit Development filing fee as adopted by City Council.
(Ord. 2-2013. Passed 7-1-13.)