Perrysburg City Zoning Code
CHAPTER 1240
Land Development Options
1240.01 PLANNED UNIT DEVELOPMENT; PURPOSE, APPLICABLE REGULATIONS.
(a) The Planned Unit Development (PUD) option is intended to permit, with City approval, private or public development which is substantially in accord with the goals and objectives of the Comprehensive Plan.
(b) The development permitted under this Chapter shall be considered as an optional means of development only upon terms agreeable to the City.
(c) Use of the PUD option will permit flexibility in the regulation of land development by: (1) Encouraging innovation through an overall development plan to provide variety in design and layout. (2) Achieving economy and efficiency in the use of land, natural resources, energy and in the provision of public services and utilities. (3) Encouraging the creation of useful open spaces particularly suited to the needs of the parcel in question. (4) Providing appropriate housing, employment, service and shopping opportunities suited to the needs of the residents of the City.
(d) It is further intended that the Planned Unit Development may be used to: (1) Permit nonresidential uses of residentially zoned areas. (2) Permit residential uses of non-residentially zoned areas. (3) Permit densities or lot sizes which are different from the applicable district. (4) Permit the mixing of land uses that would otherwise not be permitted; provided that other objectives are met and the resulting development would promote the public health, safety and welfare.
(e) It is further intended that the development will be laid out so that the various land uses and building bulk will relate to each other and to adjoining existing and planned uses in such a way that they will be compatible with no material adverse impact of one use on another.
(Ord. 24-2006. Passed 3-7-06.)
1240.02 DEFINITIONS.
The term "Planned Unit Development" (PUD) means a specific parcel of land or several contiguous parcels of land, for which a comprehensive physical plan meeting the requirements of this Chapter, establishing functional use areas, density patterns, a fixed system of streets (where necessary) provisions for public utilities, drainage and other essential services and similar factors necessary or incidental to development which has been approved by the City Council and which has been, is being or will be developed in accordance with the approved plan.
(Ord. 24-2006. Passed 3-7-06.)
1240.03 CRITERIA FOR QUALIFICATION.
In order to qualify for the Planned Unit Development option, it must be demonstrated that all of the following criteria will be met:
(a) The PUD option may be effectuated only in the R, RM, C, OS and I Districts.
(b) The use of this option shall not be for the sole purpose of avoiding the applicable zoning requirements. Any permission given for any activity or building or use not normally permitted shall result in an improvement to the public health, safety and welfare in the area affected.
(c) The PUD shall not be utilized in situations where the same land use objectives can be accomplished by the application of conventional zoning provisions or standards. Problems or constraints presented by applicable zoning provisions shall be identified in the PUD application.
(d) The Planned Unit Development option may be effectuated only when the proposed land use will not materially add service and facility loads beyond those contemplated in the Comprehensive Plan unless the proponent can demonstrate to the sole satisfaction of the City that such added loads will be accommodated or mitigated by the proponent as part of the Planned Unit Development.
(e) The PUD shall not be allowed solely as a means of increasing density or as a substitute for a variance request; such objectives should be pursued through the normal zoning process by requesting a zoning change or variance.
(f) The Planned Unit Development must meet, as a minimum, two (2) of the following objectives of the City:
(1) To permanently preserve open space or natural features because of their exceptional characteristics or because it can provide a permanent transition or buffer between land uses.
(2) To permanently establish land use patterns which are compatible or which will protect existing or planned uses.
(3) To accept dedication or set aside open space areas in perpetuity.
(4) To provide alternative uses for parcels which can provide transition buffers to residential areas.
(5) To guarantee the provision of a public improvement which could not otherwise be required that would further the public health, safety, or welfare, protect existing or future uses from the impact of a proposed use, or alleviate an existing or potential problem relating to public facilities.
(6) To promote the goals and objectives of the Comprehensive Plan.
(7) To foster the aesthetic appearance of the City through quality building design and site development; the provision of trees and landscaping beyond minimum requirements; the preservation of unique and/or historic sites or structures; and the provision of open space or other desirable features of a site beyond minimum requirements.
(8) To bring about redevelopment of sites where an orderly change of use or requirements is determined to be desirable.
(Ord. 24-2006. Passed 3-7-06.)
1240.04 USES PERMITTED.
(a) A land use plan shall be proposed for the area to be included within the PUD. The land use plan shall be defined by the Zoning Code districts that are most applicable to the various land use areas of the PUD.
(b) Uses permitted and uses permitted subject to special approval in this Zoning Code may be allowed within the districts identified on the PUD plan, except that some uses may be specifically prohibited from districts designated on the PUD plan. Alternatively, the City may permit uses not normally permitted in the district if specifically noted on the PUD plan. Conditions applicable to uses permitted subject to special approval shall be used as guidelines for design and layout but may be varied by the Planning Commission provided that such conditions are indicated on the PUD plan.
(Ord. 24-2006. Passed 3-7-06.)
1240.05 HEIGHT, BULK, DENSITY AND AREA STANDARDS.
The standards as to height, bulk, density, and setbacks of each district shall be applicable within each district area designated on the plan except as specifically modified and noted on the PUD plan. (Ord. 24-2006. Passed 3-7-06.)
1240.06 SUBMITTAL AND REQUEST FOR QUALIFICATION.
(a) Any person owning or controlling land in the City may make application for consideration of a Planned Unit Development. Such application shall be made by submitting a request for a preliminary determination as to whether or not a parcel qualifies for the PUD option.
(b) A request shall be submitted to the City. The submission shall include the information required by subparagraph (c) below.
(c) Based on the documentation submitted, the Planning Commission shall make a preliminary determination as to whether or not a parcel qualifies for the PUD option under the provisions of Section 1240.03 (Criteria for Qualification). The submittal must include the following:
(1) Substantiation that the criteria set forth in Section 1240.03 are or will be met.
(2) A schematic land use plan containing enough detail to explain the function of open space; the location of land use areas, streets providing access to the site, pedestrian and vehicular circulation within the site; dwelling unit density and types; and buildings or floor areas contemplated, as applicable.
(3) A plan for the protection of natural features or preservation of open space or greenbelts.
(4) The Planning Commission shall review the applicant’s request for qualification. If approved, the applicant may then proceed to prepare a PUD Plan upon which a final determination will be determined.
(Ord. 24-2006. Passed 3-7-06.)
1240.07 SUBMITTAL AND APPROVAL OF PUD PLAN.
Application may be made for consideration with the submission of the following materials:
(a) Submittal of Proposed PUD Plan. An application shall be made to the City for review and recommendation by the Planning Commission of the following:
(1) A boundary survey of the exact acreage being requested done by a registered land surveyor or civil engineer (scale not smaller than one (1) inch equals one hundred (100) feet) or less if approved by the City.
(2) A topographic map of the entire area at a contour interval of not more than two (2) feet. This map shall indicate all major stands of trees, bodies of water, wetlands and un-buildable areas (scale: not smaller than one (1) inch equals one hundred (100) feet) or less if approved by the City.
(3) A proposed land use plan indicating the following at a scale no smaller than one (1) inch equals one hundred (100) feet or less if approved by the City:
A. Land use areas represented by the zoning districts enumerated in Chapter 1220 of this Zoning Code.
B. Vehicular circulation including major drives and location of vehicular access. Preliminary proposals as to cross sections and as to public streets or private places shall be made.
C. Transition treatment, including minimum building setbacks to land adjoining the PUD and between different land use areas within the PUD.
D. The general location of nonresidential buildings and parking areas, estimated floor areas, building coverage and number of stories and height.
E. The general location of residential unit types and densities and lot sizes by area.
F. The location of all wetlands, water and watercourses and proposed water detention areas.
G. The boundaries of open space areas that are to be preserved or reserved and an indication of the proposed ownership thereof.
H. A schematic landscape treatment plan for open space areas, streets and border/transition areas to adjoining properties.
I. A preliminary grading plan, indicating the extent of grading and delineating any areas which are not to be graded or disturbed.
J. An indication of the contemplated water distribution, storm and sanitary sewer plan.
K. A written statement explaining in detail the full intent of the applicant, indicating the type of dwelling units or uses contemplated and resultant population, floor area, parking and supporting documentation, including the intended schedule of development.
(4) Planning Commission Review of Proposed PUD Plan:
A. The Planning Commission shall hold a public hearing on the PUD plan and shall give notice as provided in Section 1270.04.
B. After the public hearing, the Planning Commission shall report its findings and make its recommendations to City Council. The Planning Commission shall review the proposed PUD plan and make a determination as to the proposal's qualification for the PUD option and for adherence to the following objectives and requirements:
1. The proposed PUD adheres to the conditions for qualification of the PUD option and promotes the land use goals and objectives of the City.
2. All applicable provisions of this Chapter shall be met. Insofar as any provision of this Chapter shall be in conflict with the provisions of any other provision of this Chapter, the provisions of this Chapter shall apply to the lands embraced within a PUD area.
3. There is or will be, at the time of development, an adequate means of disposing of sanitary sewage and of supplying the development with water and that the road system and storm water drainage system are adequate.
(Ord. 24-2006. Passed 3-7-06.)
1240.08 FINAL APPROVAL OF PLANNED UNIT DEVELOPMENT.
(a) Upon receipt of the report and recommendation of the Planning Commission, and after a public hearing, City Council shall review all findings. If City Council shall determine to grant the application, it shall instruct the City Law Director to prepare a contract setting forth the conditions upon which such approval is based and which contract, after approval by resolution of City Council, shall be executed by the City and the applicant. Approval shall be granted only upon City Council determining that all provisions of this Chapter have been met and that the proposed development will not adversely affect the public health, welfare and safety.
(b) The agreement shall become effective upon execution after its approval. The agreement shall be recorded by the County Recorder’s Office.
(c) Once an area has been included with a plan for PUD and City Council has approved such plan, no development may take place in such area nor may any use thereof be made except in accordance with such plan or in accordance with a City Council-approved amendment thereto, unless the plan is terminated as provided herein.
(d) An approved plan may be terminated by the applicant or the applicant's successors or assigns, prior to any development within the area involved, by filing with the City and recording in the County records an affidavit so stating. The approval of the plan shall terminate upon such recording.
(e) No approved plan shall be terminated after development commences except with the approval of City Council and of all parties with interest in the land.
(f) Within a period of one (1) year following approval of the PUD contract by City Council, final plats or site plans for an area embraced within the PUD must be submitted as hereinafter provided. If such plats or plans have not been submitted within the one (1) year period, the right to develop under the approved plan shall be terminated by the City.
(Ord. 24-2006. Passed 3-7-06.)
1240.09 SUBMISSION OF FINAL PLAT, SITE PLANS; SCHEDULE FOR COMPLETION OF PUD.
(a) Before any permits are issued for any activity within the area of a PUD, final plats or site plans and open space plans for a project area shall be submitted to the City for review by the Planning Commission of the following:
(2) Before approving of any final plat or plan, the Planning Commission shall determine that:
A. All portions of the project area shown upon the approved plan for the PUD for use by the public or the residents of lands within the PUD have been committed to such uses in accordance with the PUD contract;
B. The final plats or site plans are in substantial conformity with the approved contract and plan for the PUD;
C. Provisions have been made in accordance with the PUD contract to provide for the financing of any improvements shown on the project area plan for open spaces and common areas which are to be provided by the applicant and that maintenance of such improvements is assured in accordance with the PUD contract.
(b) If development of approved final plats or site plans is not substantially completed in three (3) years after approval, further final submittals under the PUD shall cease until the part in question is completed or cause can be shown for not completing same.
(Ord. 24-2006. Passed 3-7-06.)
1240.10 FEES.
Fees for review of PUD plans under this Chapter shall be established by ordinance of City Council.
(Ord. 24-2006. Passed 3-7-06.)
1240.11 INTERPRETATION OF APPROVAL.
Approval of a PUD under this Chapter shall be considered an optional method of development and improvement of property subject to the mutual agreement of the City and the applicant.
(Ord. 24-2006. Passed 3-7-06.)
1240.12 AMENDMENTS TO PUD PLAN.
Proposed amendments or changes to an approved PUD plan shall be submitted to the Planning Commission. The Planning Commission shall determine whether the proposed modification is of such minor nature as not to violate the area and density requirements or to affect the overall character of the plan, and in such event may approve or deny the proposed amendment. If the Planning Commission determines the proposed amendment is material in nature, the Planning Commission and City Council shall review the amendment in accordance with the provisions and procedures of this Chapter as they relate to final approval of the Planned Unit Development. (Ord. 24-2006. Passed 3-7-06.)
1240.13 OPEN SPACE PLAN; PURPOSE, APPLICABLE REGULATIONS.
(Ord. 24-2006. Passed 3-7-06.)
1240.14 PURPOSE.
The purpose of a subdivision Open Space Plan is to promote the preservation of open space while allowing a reduction in lot sizes in instances where the reduction would be compatible with lot sizes existing in the surrounding area. In reviewing a subdivision Open Space Plan, the Planning Commission and City Council shall consider the following objectives:
(a) To encourage appropriate relationships in orientation and size of yards and open spaces with other developed parcels in the area.
(b) To provide a more desirable living environment by preserving the natural character of wetlands, stands of trees, brooks, hills and similar natural assets.
(c) To encourage developers to use a more creative approach in the development of residential areas.
(d) To encourage the provision of open space within reasonable distance of all lot development of the subdivision and to further encourage the development of recreational facilities or preservation of natural environmental assets and to lessen the impact on existing park and open space available in the City.
(e) To encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs and by allowing the developer to bypass natural obstacles on the site.
(Ord. 24-2006. Passed 3-7-06.)
1240.15 MODIFICATION TO STANDARDS.
(a) Modifications of the standards as outlined in Chapter 1230 may be made in the districts when the following conditions are met:
(1) Lot dimensions may be reduced in accordance with the following schedule, provided that the number of residential lots shall be no greater than if the land area to be subdivided was developed in the minimum square foot lot areas as required for each one-family district under Chapter 1230. All calculations of density for residential development shall be predicated upon the one-family districts having the following gross densities (including roads):
Modifications to Standards
Not Less Than | |||
Districts | Dwellings Per Acre | Lot Width | Lot Depth |
R-1 (Utilities) | 1.7 | 90 | 170 |
R-1 (No Utilities) | 1.2 | 120 | 195 |
R-2 (Utilities) | 2.2 | 75 | 150 |
R-2 (No Utilities) | 1.6 | 110 | 160 |
R-3 | 3.1 | 65 | 140 |
R-4 | 4.0 | 60 | 130 |
(2) For each square foot of land gained under the provisions of (1) above within a residential subdivision, through the reduction of lot sizes below the minimum requirements as outlined in Chapter 1230, the equal amounts of land shall be dedicated in a manner approved by the City.
(3) The land area necessary to meet the minimum requirements of the intensity and dimensional standards of Chapter 1230 shall not include bodies of water or wetlands which would make land unsuitable for recreation purposes, except that lakes or ponds, when landscaped and maintained as portions of larger open space areas within the development, may be included in density computations. All land reserved for recreation shall maintain its natural drainage. The entire area may, however, be located in a floodplain.
(4) A parcel to be dedicated for the common use of the subdivision shall in no instance be fewer than five (5) acres and shall be in a location and shape approved by the City, provided that a parcel divided by a road or stream shall be considered as one (1) parcel.
(5) Access shall be provided to areas dedicated for the common use of the subdivision for those lots not bordering on such dedicated areas by means of streets or pedestrian access ways.
(6) Under this subdivision open space approach, the proprietor shall dedicate sufficient park area so that each final plat is within maximum density requirements; provided, however, that the entire park area within a single block shall be dedicated as a whole.
(7) Application for approval of the subdivision open space plan shall be submitted at the time of submission of the preliminary subdivision plat for approval as required by the City of Perrysburg subdivision regulations.
(Ord. 24-2006. Passed 3-7-06.)
1240.16 OWNERSHIP, IMPROVEMENT AND MAINTENANCE OF OPEN SPACE AREAS.
(a) A plan for the open space areas shall be submitted and shall include a cost estimate of improvements to be made within the open space.
(b) Whenever a developer or proprietor employs the terms of this Chapter, provision shall be made for the incorporation of a Home Owners Association or equivalent or some other means of assuring the open space remains in perpetuity. If an association, it shall provide for mandatory membership with fees adequate to maintain all common open space areas and the means whereby maintenance of the open space can be carried out through a lien on the properties of the subdivision if the open space is not maintained in a manner satisfactory to the City.
(c) Information shall be submitted to the City Law Director who shall review the proposed subdivision open space plan and render an opinion with respect to:
(1) The proposed manner of holding title to the open land;
(2) The proposed manner of payment of taxes;
(3) The proposed method of regulating the use of the open land;
(4) The proposed method of maintenance of property and financing thereof;
(5) Any other factor related to the legal or practical problems of ownership, use and maintenance of the open land.
(Ord. 24-2006. Passed 3-7-06.)
1240.17 PRELIMINARY SITE PLAN REVIEW PROCEDURES.
Planning Commission Approval: If the Planning Commission is satisfied that the proposed subdivision Open Space Plan meets the letter and spirit of the Zoning Code and subdivision regulations and should be approved, it shall give tentative approval to the plan with the conditions upon which such approval should be based.
(a) The Planning Commission shall give notice of the Public Hearing in accordance with provisions of Section 1270.04.
(b) If the Planning Commission is satisfied that the proposal meets the letter and spirit of the Zoning Code and should be approved, it shall set forth any conditions upon which such recommended approval is based. If the Planning Commission is not satisfied that the proposal meets the letter and spirit of this Zoning Code, or finds that approval of the proposal would be detrimental to existing development in the general area and should not be approved, it shall record the reasons therefore in the minutes of the Planning Commission meeting. Notice of recommendation of approval or disapproval of the proposal together with copies of all layouts and other relevant information shall be forwarded to City Council.
(c) City Council shall review the recommendation of the Planning Commission together with relevant material submitted by the applicant. City Council shall take action to approve or disapprove the preliminary plan or may refer such plan back to the Planning Commission with direction for further review.
(Ord. 24-2006. Passed 3-7-06.)
1240.18 CLUSTER HOUSING.
The intent of this Chapter is to permit the development of one-family residential patterns which, through design innovation, will provide for an alternative means for development of single family areas. To accomplish this, modification to the one-family residential standards, as outlined in Chapter 1230 may be permitted in R-1, R-2, R-3 and R-4 districts.
(Ord. 24-2006. Passed 3-7-06.)
1240.19 DENSITY STANDARDS.
In permitted residential districts, the requirements of the intensity and dimensional standards in Chapter 1230 may be waived and the attaching of one-family dwelling units may be permitted. (Ord. 24-2006. Passed 3-7-06.)
1240.20 CONDITIONS AND QUALIFICATIONS.
(a) The City may approve the clustering or attaching of buildings on parcels of land under single ownership and control, which, in the opinion of the City, have characteristics that would make sound physical development under the normal subdivision approach impractical because of parcel size, shape or dimension, because it is located in a transitional use area, because the site has natural characteristics which are worth preserving or which make platting difficult. In approving an area for cluster development, the City shall find at least one (1) of the following conditions to exist:
(1) The parcel contains floodplain or wetland soil conditions that result in a substantial portion of the total area of the parcel being unbuildable.
(2) The parcel contains natural assets that would be preserved through the use of cluster development. Such assets may include natural stands of large trees, land that serves as a natural habitat for wildlife, unique topographic features or other natural assets that should be preserved.
(3) The parcel has water frontage which would be preserved and enhanced by the clustering of housing units.
(4) The parcel is shaped in such a way that the angles formed by its boundaries make a subdivision difficult to achieve.
(5) The parcel has a substantial portion of the parcels’ perimeter bordered by land that is located in non-residential districts.
(b) In order to qualify a parcel for development for cluster housing, the City shall determine that the parcel has characteristics as stated in Section 1240.20 above and the request shall be supported by written and/or graphic documentation, prepared by a landscape architect, engineer, professional community planner, architect or environmental design professional. Such documentation shall include the following as appropriate: soil test borings, floodplain map, topographic map of maximum two (2) foot contour level and an inventory of natural assets including plant materials.
(Ord. 24-2006. Passed 3-7-06.)
1240.21 PERMITTED DENSITIES.
(a) Dwelling unit densities shall not utilize storm water detention basins and no more than twenty-five percent (25%) of any wetlands in computing the maximum permitted densities. The maximum permitted gross densities, including roads, are as follows:
(b) For those areas qualifying under subsections the following dwelling unit densities shall apply.
Modifications to Standards
Districts | Dwellings Per Acre |
R-1 (Utilities) | 2.0 |
R-1 (No Utilities) | 1.4 |
R-2 (Utilities) | 2.6 |
R-2 (No Utilities) | 1.8 |
R-3 | 3.6 |
R-4 | 4.6 |
(c) Up to fifty percent (50%) of water bodies within the parcel may be included in the computation of density provided that the land adjacent to the water is substantially developed as open space. (Ord. 24-2006. Passed 3-7-06.)
1240.22 DEVELOPMENT STANDARDS AND REQUIREMENTS.
In areas meeting the criteria of this Chapter, the minimum yard setback and minimum lot sizes per unit as required in Chapter 1230 may be waived and the attaching of one-family dwelling units, one to another, may be permitted when the homes are attached by means of one of the following:
(a) Through a common party wall forming interior room space which does not have over seventy-five percent (75%) of its length in common with an abutting dwelling wall, excluding garage;
(b) By means of architectural wall detail that does not form interior room space;
(c) Through abutting garage party walls of adjacent structures;
(d) The number of units attached in this manner shall not exceed four (4) in any one (1) building.
(Ord. 24-2006. Passed 3-7-06.)
1240.23 YARD REQUIREMENTS.
(a) Spacing between groups of attached buildings or between each group of four (4) unattached buildings shall be equal to at least thirty (30) feet measured between the nearest points of adjacent buildings. The minimum distance between any single detached unit and any adjacent building shall be fifteen (15) feet.
(b) Building setbacks from public streets shall be equal to the front yard setback of the district.
(c) Buildings shall not be closer than twenty-five (25) feet to the pavement edge of interior private drives or private places.
(Ord. 24-2006. Passed 3-7-06.)
1240.24 OPEN SPACE AND TRANSITION.
(a) The area in open space (including recreation areas and water as specified in Section 1240.21(c) above) accomplished through the use of one-family cluster development shall represent at lease fifteen percent (15%) of the total parcel area. The provision of walks, trails and recreation facilities is required within the open space areas.
(b) In order to provide an orderly transition of density, where the parcel proposed for use as a cluster development abuts a one-family residential district, the City shall determine that the abutting one-family district is effectively buffered by means of one (1) of the following within the cluster development:
(1) Single-family lots subject to the standards of the schedule of regulations.
(2) Detached one-family buildings with setbacks as required by the schedule of regulations for the applicable residential district.
(3) Open or recreation space not less than one hundred (100) feet in depth.
(4) A densely planted buffer not less than fifty (50) feet in depth.
(Ord. 24-2006. Passed 3-7-06.)
1240.25 QUALIFICATION FOR CLUSTER DEVELOPMENT.
(a) Application to the City for qualification of a parcel for cluster development shall include documentation sustaining one (1) or more of the characteristics outlined in Section 1240.20.
(b) The City may make a preliminary determination as to whether or not a parcel qualifies for the cluster option under one (1) of the provisions of this Chapter based upon the documentation submitted. Such review is not a requirement, but may be requested of the owner.
(c) A preliminary determination by the City that a parcel qualifies for cluster development does not ensure approval. It does, however, give an initial indication as to whether or not a petitioner should proceed to prepare a site plan.
(Ord. 24-2006. Passed 3-7-06.)
1240.26 PRELIMINARY SITE PLAN CLUSTER APPROVAL.
(a) A preliminary site plan shall be submitted to the Planning Commission and City Council for review which includes information called for in this Chapter.
(b) The Planning Commission shall review the preliminary site plan at a public hearing.
(c) In submitting a proposed layout under this Chapter, the applicant of the development shall include, along with the site plan, typical building elevations and floor plans, topography drawn at two (2) foot contour intervals, all computations relative to acreage and density, a preliminary grading plan and any other details that assist in reviewing the proposed plan.
(d) Site plans shall be accompanied by information as required for open space subdivisions in Section 1240.16.
(e) The Planning Commission shall give notice of the Public Hearing in accordance with provisions of Section 1270.04.
(f) If the Planning Commission is satisfied that the proposal meets the letter and spirit of the Zoning Code and should be approved, it shall set forth any conditions upon which such recommended approval is based. If the Planning Commission is not satisfied that the proposal meets the letter and spirit of this Zoning Code, or finds that approval of the proposal would be detrimental to existing development in the general area and should not be approved, it shall record the reasons therefore in the minutes of the Planning Commission meeting. Notice of recommendation of approval or disapproval of the proposal together with copies of all layouts and other relevant information shall be forwarded to City Council.
(g) City Council shall review the recommendation of the Planning Commission together with relevant material submitted by the applicant. City Council shall take action to approve or disapprove the preliminary plan or may refer such plan back to the Planning Commission with direction for further review.
(Ord. 24-2006. Passed 3-7-06.)
1240.27 FINAL SITE PLAN.
(a) After approval of a preliminary plan and cluster option, a final site plan shall be submitted in accordance with the requirements of Chapter 1260.
(b) If the final site plan is approved such plan shall be submitted to the City for the preparation of agreements setting forth the conditions upon which the approval is based. Such agreement shall be finalized and approved by City Council prior to the issuance of any zoning permits. Agreement and guarantees shall be as set forth in Section 1240.16 for open space subdivisions.
(c) As a condition for the approval of the final site plan and open space plan, the applicant may be required to deposit cash or escrows, in the amount of the estimated cost of the proposed improvements. Actual development of the open space shall be carried out concurrently with the construction of dwelling units. The City may require landscape improvement for the entire site frontage where such site abuts public streets as an initial site improvement even through such frontage is not part of any early stage of project development.
(Ord. 24-2006. Passed 3-7-06.)
1240.28 PLANNED BUSINESS PARK.
The creation of this district is intended to provide for developable areas where a compatible mix of commercial, industrial, office and institutional land uses may be located in a business park- like setting permitting flexibility in design and dimensional requirements within a planned development.
(Ord. 24-2006. Passed 3-7-06.)
1240.29 PLANNED BUSINESS PARK SITE REQUIREMENTS.
(a) A Planned Business Park is a tract of land intended to be developed in an integrated manner for large scale planned developments. Noncontiguous parcels and lots may be included in an original established site, provided that the acreage of such noncontiguous parcels and lots shall not be used in calculating the minimum requirements of fifteen (15) acres for a site and provided further that all other requirements of the Zoning Code are met. Contiguous parcels and lots may be added to an established site, provided that all other requirements of the Zoning Code are met. Noncontiguous parcels and lots may be added to an established site, provided that the noncontiguous parcels and lots are situated in the same plat or revised plat in which all or part of an established site is located, and provided further that all requirements of the Zoning Code are met.
(b) The owners and developers of such a tract shall create an Architectural Review Committee (ARC), which shall formulate Development Standards to be utilized for the orderly development of the PBP.
(Ord. 24-2006. Passed 3-7-06.)
1240.30 PERMITTED AND SPECIAL APPROVAL USES.
All permitted and special approval uses listed in Chapter 1225 for PBP districts shall apply to the PBP District. Uses not specifically listed or not interpreted by the Planning Commission to be included categorically under this Chapter shall not be permitted except by amendment of this Zoning Code. (Ord. 24-2006. Passed 3-7-06.)
1240.31 PROCEDURES FOR ESTABLISHING A PLANNED BUSINESS PARK.
(a) Owners and developers of property within a PBP site shall establish an ARC and by-laws under which the ARC shall perform its duties and responsibilities. Such by-laws shall establish requirements for membership, duties and powers, meetings and voting procedures. The ARC shall be composed of the Planning and Zoning Administrator, or his designated representative, an architect and two representatives of the owner and developer. The architect shall be appointed by the City. Any quorum of the ARC necessary to take action on a project must include the Planning and Zoning Administrator. In the case of a tie vote, the Planning and Zoning Administrator shall be favored.
(b) At the time a request is made to zone a parcel PBP, the owners and developers shall develop and submit deed restrictions which shall include the Development Standards, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are commonly owned and maintained. These restrictions shall be a part of the zoning application and shall be considered in the zoning approval process and shall be enforced by the ARC.
(c) The ARC shall create a set of Development Standards for development of the PBP. These Development Standards shall establish specific requirements for the PBP such as landscaping, mounding and screening, yard and building placement, exterior illumination, signage, architectural design, color schemes and building materials approved for use within the PBP. These Development Standards shall remain in effect as long as the tract in question is zoned PBP. In no case shall Development Standards, amendments thereto, or any development plans result in standards or requirements which are less restrictive than those established in the Zoning Code unless specifically stated otherwise in this Chapter. These Development Standards shall be made a part of the deed restrictions, protective covenants and other legal statements or devices of the park.
(d) At the time a request is made to zone a parcel PBP, Development Standards shall be submitted and be subject to the procedures for changes and amendments as stated in Chapter 1285. Any amendments of the Development Standards shall be submitted and subject to the procedures for changes and amendments as stated in Chapter 1285.
(e) Once a particular site is to be developed as a PBP, the following shall be submitted for the entire area of the park for review and approval:
(1) Request to zone property PBP including a legal description and plot plan.
(2) Development Standards.
(3) Deed Restrictions.
(Ord. 24-2006. Passed 3-7-06.)
1240.32 PROCEDURES FOR CREATING AND DEVELOPING LOTS IN A PLANNED BUSINESS PARK.
To initiate development of a specific improvement the owner of a lot within the PBP shall meet the following requirements:
(a) Lots within the PBP shall be created using the "Approval without Plat" procedures specified in Section 1295.04. All dedicated roadways and utility installations shall require a final plat as stipulated in Section 1295.07. All such improvements shall meet the requirements stipulated in Section 1295.05 and all other applicable requirements of the Zoning Code.
(b) No improvement of any kind shall be installed, erected, placed, constructed, assembled or permitted to remain on any of the properties within the PBP until and unless the proposed use and nature, shape, size, color, architectural design, material, location and landscaping, paving plans, curbing and storm drainage have been submitted in writing to the ARC and the ARC has approved in writing such development plans and specifications as conforming to the Development Standards and PBP.
(c) A majority vote of the ARC on conformity of the submitted plans and specifications with the Development Standards and the PBP regulations shall be the final determining factor for the approval or disapproval of the proposed improvements by the ARC. The ARC shall attach any conditions they deem appropriate as part of the approval process.
(d) Development plans submitted to the ARC for approval shall include:
(1) Site plan;
(2) Elevation views (finish materials and colors);
(3) Landscape plan; and
(4) Grading and utility plan.
At a minimum these plans shall include, without limitations, plot plans showing proposed land contouring or grades, buildings, proposed setbacks, parking areas with parking stalls indicated, loading facilities, access ways, other paved areas, and landscaping including planting areas, elevations and signs. The specifications shall describe types of construction, color and materials to be used. Approval of drawings should be obtained from the ARC before the application for a zoning permit is made and before plans are filed with the City.
(e) The ARC shall review the development plans against the requirements established in the Development Standards and the PBP. ARC shall certify that the development plan is in compliance with the Development Standards. The applicant shall submit the approved plans to the Planning and Zoning Administrator and make application for a zoning permit. Any variance from the Development Standards must be approved by the Planning Commission per Chapter 1285. After construction and inspection of the improvement and upon certification that the improvement is in compliance with the approved plans, a certificate of occupancy shall be issued by the Planning and Zoning Administrator.
(f) The performance standards of Chapter 1255 shall apply to areas zoned PBP and all developments in the district.
(Ord. 24-2006. Passed 3-7-06.)
1240.33 INTENSITY AND DIMENSIONAL STANDARDS.
The intensity and dimensional standards stated in Section 1230.01 shall apply to areas zoned PBP and all requirements undertaken in this district. Also, the following minimum dimensional requirements shall apply to all lots within a PBP District:
(a) Front yard setback 50’
(b) Maximum height 45’
(c) Maximum building stories 3 stories
(Ord. 24-2006. Passed 3-7-06.)
1240.34 REVIEW PROCESS.
The City Council may hear appeals from ARC decisions and may support the ARC decision, send the ARC decision back for further consideration, or overrule the ARC decision.
(Ord. 142-2010. Passed 9-7-10.)