Sharonville City Zoning Code

CHAPTER 1109

Planned Unit Developments

1109.01 PURPOSE.

The purpose of the Planned Unit Development (PUD) District is to provide a means for encouraging ingenuity, imagination and flexibility in the planning and designing of medium and large-scale developments where traditional base zoning districts may be too restrictive for the range of proposed uses or design. The PUD regulations provide a controlled flexibility by utilizing objectives and performance standards rather than rigid design requirements, the intent being to encourage developments that possess greater amenities and/or provide greater environmental protection than standard zoning district requirements. It is not the intent of the PUD to allow applications to circumvent the intent of this code or to permit residential density, uses, housing types, or street and utility layouts which conflict with the Comprehensive Plan, other adopted plans and policies, or the character of the area. It is furthermore the purpose of the PUD regulations to:

(a) To provide more desirable living, shopping, and working environments by helping to achieve the goals of the Comprehensive Plan in a manner that allows for the comprehensive review of a medium to large-scale development;

(b) To encourage creative and high-quality developments that are compatible with surrounding land uses, achieve a high degree of pedestrian-vehicular separation, and contribute to the overall quality of Sharonville;

(c) To provide for a flexible arrangement of buildings, densities and a variety of housing types to meet the needs of the residential market;

(d) To encourage the creation of open space and the development of recreational facilities and neighborhood commercial facilities in a generally central location within reasonable distance of any residential components of the development;

(e) To promote a harmonious design amongst the various elements and uses within the development while mitigating any potential negative impact on surrounding properties;

(f) To allow phased construction with the knowledge that subsequent phases shall be approved as originally planned and approved by the City;

(g) To ensure that there are adequate services and infrastructure to serve the proposed development; and

(h) To reserve adequate land areas for schools, parks and other public uses.

(Ord. 2022-22. Passed 5-10-22.)

1109.02 SCOPE AND APPLICABILITY.

(a) The intent of the PUD regulations is to provide a means for applying comprehensive and flexible planning and design techniques on properties substantially sized to accommodate such a plan. As such, the minimum size of any PUD project or plan shall be five acres. PUD proposals should not be applied to small areas as a means of bypassing traditional district regulations.

(b) A PUD of less than five acres may be considered for medium or high-density residential areas as defined by the Comprehensive Land Use Plan. The Planning Commission and City Council must approve such reduction in size.

(c) Any PUD approved and constructed prior to the effective date of this amendment shall carry forward with the approved plans. All future construction or changes in previously approved PUDs shall comply with the applicable approved plan unless a modification is required, in which case, the modification shall be reviewed in accordance with this chapter.

(Ord. 2022-22. Passed 5-10-22.)

1109.03 PUD REVIEW PROCESS.

(a) Ownership. In order to submit an application for PUD review, the tract or tracts of land included within the proposed PUD shall be in one ownership or control, or shall be subject to a joint application by the owners of all properties included within the proposal.

(b) PUD Submission and Review Procedure.

(1) Step 1 - Pre-Application Meeting (Required). An applicant shall be required to have a pre-application meeting with the Director of Community Development, and additional staff, to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1129.02(f).

(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1129.02 and the provisions of this section.

(3) Step 3 - Preliminary Development Plan and Zoning Map Amendment.

A. The PUD Preliminary Development Plan approval procedure involves a zoning map amendment to rezone the subject property to a PUD with an approved PUD Preliminary Development Plan.

B. The procedure for this stage shall comply with the requirements of Section 1129.03.

C. In accordance with the zoning map amendment review procedure, the Planning Commission shall hold a public hearing to review the PUD Preliminary Development Plan and make a recommendation to City Council to approve, approve with modifications, or deny the application. The recommendation shall be made based on review of the application using the criteria contained in Section 1109.04. The Planning Commission may, in its recommendation to City Council, require that the PUD Final Development Plan be submitted in stages upon evidence assuring completion of the entire development in accordance with the PUD Preliminary Development Plan and phased development schedule.

D. In accordance with the zoning map amendment review procedure, City Council shall hold a public hearing on the PUD Preliminary Development Plan and PUD zoning map amendment and decide to approve, approve with modifications, or deny the recommendation of the Planning Commission using the criteria contained in Section 1109.04, of this chapter.

i. If City Council moves to adopt the recommendation of Planning Commission, such action shall only require concurring vote of four members of City Council.

ii. If City Council moves to adopt the recommendation of Planning Commission with modification, or deny the recommendation, such action shall require a favorable vote of six members of City Council.

E. In making its recommendations or decisions, the Planning Commission and/or City Council may impose such conditions of approval as are in its judgment necessary to insure conformity to the applicable criteria and standards of this zoning code and to the Comprehensive Plan. In so doing, the Planning Commission and/or City Council may permit the applicant to revise the plan and resubmit it as a PUD Preliminary Development Plan within sixty (60) days of such action.

(4) Step 4 - PUD Final Development Plan Review.

A. Within one year after the approval of the PUD Preliminary Development Plan, the applicant shall file a PUD Final Development Plan for the entire development, or when submitting in stages, as authorized by the Planning Commission during the PUD Preliminary Development Plan review, for the first phase of the development.

B. If more than one year passes from the date of approval of the PUD Preliminary Development Plan and the PUD Final Development Plan has not been submitted for approval, or a request for an extension not to exceed one year has been filed with the Planning Commission, then the PUD Preliminary Development Plan shall be deemed expired and the applicant must resubmit such plan.

C. In no case shall a PUD Preliminary Development Plan be valid for more than two years, including an approved extension.

D. After the PUD Preliminary Development Plan has expired, the PUD zoning designation shall remain in place, but no development shall be authorized unless the property owner, or authorized agent, submits a new PUD Preliminary Development Plan for review pursuant to this chapter, or submits an application for a zoning map amendment to another zoning district.

E. Once an applicant submits a PUD Final Development Plan for review, upon determination by the Director of Community Development that the PUD Final Development Plan submissions are complete, such plans shall be submitted to the Planning Commission for review at its next regularly scheduled meeting, or at a special meeting. The Planning Commission will review the PUD Final Development Plan to determine whether it conforms in all substantial respects to the previously approved PUD Preliminary Development Plan and to all other applicable standards of this code.

F. Preliminary subdivision plat approval may occur concurrently with the PUD Final Development Plan approval if permitted by the Director of Community Development. If submitting plats for subdivision review simultaneously with the PUD Final Development Plan, the plats shall be subject to all applicable subdivision standards and requirements including the applicable review process.

G. The Planning Commission shall hold a public meeting on the PUD Final Development Plan and decide to approve, approve with modifications, or deny the application using the criteria contained in Section 1109.04 of this chapter.

H. In its decision, the Planning Commission may impose such conditions of approval as are in its judgment necessary to insure conformity to the applicable criteria and standards of this code and with the Comprehensive Plan. In so doing, the Planning Commission may permit the applicant to revise the plan and resubmit it as a PUD Final Development Plan within sixty (60) days of such action. Such conditions shall be made a part of the terms under which the development is approved. Any violation of such conditions shall be deemed a violation of this chapter and no certificate of zoning approval will be issued.

(5) Step 5 - Certificate of Zoning Approval Issuance. Certificates of zoning approval shall not be issued until the lot or applicable subdivision has been fully recorded in the office of the Hamilton or Butler County Recorder's Office, as applicable, and public improvements have been installed in accordance with the applicable subdivision regulations.

(1) Any PUD Final Development Plan shall be valid for a period of two (2) years after the date of approval by the Planning Commission. If no development has begun (development being defined as the start of construction of the required public/private improvements as shown on the approved PUD Final Development Plan for one or more phases of the project) within two years from the date of approval, such approval shall lapse and be of no force and effect.

(2) Two (2) one-year extensions of the time limit set forth in section 1109.03(c)(1), above, may be granted by the Planning Commission if such extension is not in conflict with the most current comprehensive land use plan and if such extension is in the best interests of the entire community. The developer/owner shall apply for an extension and shall state the reason for the extension.

(3) If an approved PUD Final Development Plan lapses as provided in this section, the originally approved PUD Preliminary Development Plan shall also be considered void. Notice of such lapse shall be filed by the Planning Commission and forwarded to the City Council.

(4) Voiding of the PUD preliminary and Final Development Plans shall not rezone the property. After such plans are voided, the Planning Commission, City Council, or property owners may initiate a rezoning to a base zoning district in accordance with Section 1129.03, or the property owner, or their agent, may resubmit a PUD Preliminary Development Plan in accordance with the procedures of this chapter.

(d) Changes to Approved PUDs.

(1) A PUD shall be constructed and completed in accordance with the approved PUD Final Development Plan including all supporting data and conditions. The PUD Final Development Plan and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assignees, and shall limit and control the use of premises (including the internal use of buildings and structures) and the location of structures in the PUD as set forth therein.

(2) Where a property owner on a lot in a PUD seeks a variance from the applicable standards for an individual property that will not apply to any other property in the PUD, the property owner shall request such variance in accordance with Section 1129.11.

(3) Any request to change or otherwise modify the approved PUD Final Development Plan as it applies to more than one property owner, shall be reviewed based on whether the change is considered major or minor, in accordance with this subsection.

A. Major Change.

i. Major changes to a PUD require the prior approval of the Planning Commission and the City Council in the same process, and with the same hearings, as was used to review of the PUD Preliminary Development Plan. The Director of Community Development shall have the authority to determine if a proposed change is a major change. Major changes include, but are not limited to:

a) Expansion of the PUD project beyond the original tract coverage;

b) Removal or subtraction of land from the original tract coverage; and

c) Proposed changes that will result in an increase in residential dwelling units of more than five percent (5%) of the total dwelling units proposed or an aggregate increase of more than ten percent (10%) in nonresidential square footage.

ii. Changes that require the approval of only the Planning Commission at a public hearing include, but are not limited to, the following:

a) Changes in the site plan relative to the size and arrangement of buildings, the layout of streets or circulation patterns, the size, configuration and location of common open space, and changes in any approved elements of the PUD; and

b) Amendments to the conditions that were attached to the PUD Preliminary Development Plan or PUD Final Development Plan approval.

B. Minor Changes.

i. Minor changes are those proposed by the developer/owner which do not disturb or affect the basic design and approved PUD Preliminary Development Plan, and which are essentially technical in nature, as determined by the Director of Community Development.

ii. Examples of minor changes include, but are not limited to, changes in the intensity of lighting, changes in the size or location of water and sewer lines within approved easements, and changes in the location or number of fire hydrants.

iii. Additionally, the Director of Community Development shall have the authority to approve structural dimensional changes that do not increase density, that do not change building height by more than ten (10) feet, or that do not change building or perimeter setbacks by more than fifteen (15) feet when necessary to accommodate minor shifts in the location of improvements or infrastructure.

iv. The Director of Community Development shall notify the Planning Commission of all such approved minor changes.

(e) Revocation.

(1) In the event of a failure to comply with the approved plan or any prescribed condition of approval, including failure to comply with the stage development schedule, the Planning Commission may, after notice and hearing, revoke the approval of the PUD Preliminary Development Plan or Final Development Plan. The Planning Commission shall at the same time recommend whether to maintain the PUD zoning district or to rezone the properties to another zoning district.

(2) The revocation shall become final thirty (30) days after City Council passes an ordinance to rezone the property to a base zoning district, other than a PUD, or a decision by the Planning Commission to revoke the approved plans but retain the PUD zoning.

(3) Where the PUD zoning remains without an approved PUD Preliminary Development Plan or a PUD Final Development Plan, the property owner or agent shall be required to submit a new PUD Preliminary Development Plan in accordance with the review procedures of this chapter.

(f) Recording. The recording of the subdivision related to the PUD approval shall be done in the same manner as outlined in Section 1129.06.

(Ord. 2022-22. Passed 5-10-22.)

1109.04 REVIEW CRITERIA.

(a) General Review Criteria. All PUD applications shall be reviewed based on the following general criteria and the applicable review body shall consider such criteria in the creation of its specific findings when making recommendations and decisions regarding PUD applications, especially for the review of the PUD Preliminary Development Plan:

(1) The proposed development is in conformity with the goals, policies, and any applicable recommendations of the Sharonville Comprehensive Plan;

(2) The proposed development meets the intent and spirit of this code and all other applicable City ordinances or adopted plans;

(3) The development provides an environment of stable character that promotes a harmonious relationship between land uses within the site and a harmonious relationship with surrounding development, utilizing adequate screening where necessary;

(4) The proposed development provides a development pattern which preserves and utilizes the natural topography, geologic features, scenic vistas, natural vegetation and natural drainage patterns of the site;

(5) The proposed development maximizes the opportunity for privacy within residential areas and minimizes nuisances between residential areas and other land uses;

(6) The proposed development, while compatible with its surroundings, provides a more diverse environment for living, shopping and/or working than would be possible under strict application of the standard minimum design requirements of other districts provided within this code;

(7) The proposed development promotes greater efficiency in the use of land and does not impose an undue burden on public services and facilities such as fire and police protection, public works, schools, water supply and wastewater disposal due to excessive population densities;

(8) The proposed development is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated;

(9) The proposed development is accessible from public thoroughfares adequate to accommodate the traffic which will be imposed on them by the proposed development, and the proposed streets and parking areas within the site are adequate to serve the proposed arrangement and densities of land uses;

(10) The internal connectivity will assist in creating safe traffic patterns for pedestrians and cars while also minimizing the need for multiple curb cuts;

(11) The proposed development minimizes pedestrian, bicycle, and vehicle conflicts;

(12) The proposed development provides a higher quality and more useful design of landscaping and open space and amenities than would normally be required under the strict application of existing zoning and subdivision requirements;

(13) The proposed development contains such proposed covenants, easements, association by-laws and other such provisions as may reasonably be required for the public health, safety, convenience, comfort, prosperity and general welfare;

(14) The proposed development is designed in such a way that each individual section of the development as well as the total development can exist as an independent section capable of creating an environment of sustained desirability and stability or that adequate assurance has been provided that such an objective shall be attained;

(15) The proposed development can be substantially completed within the time specified in the schedule of development submitted by the developer; and

(16) The PUD plans have been transmitted to all other agencies and departments charged with responsibility of review and any identified issues have been reasonably addressed by the applicant.

(b) Review Criteria for the PUD Final Development Plan. In addition to the General Review Criteria in Section 1109.04, the following criteria shall serve as conditions that should be satisfied before the approval of the PUD Final Development Plan:

(1) Where common open space is required, appropriate arrangements with the applicant have been made which will ensure the reservation of common open space as identified on the PUD Preliminary Development Plan and PUD Final Development Plan. Furthermore, the PUD Final Development Plan shall demonstrate how the open spaces shall be duly transferred and maintained by a legally established homeowners' association or another public or quasi-public agency for preservation and maintenance;

(2) Appropriate agreements with the applicant have been made to ensure the proper completion of public improvements in compliance with the requirements of this code;

(3) The proposed PUD Final Development Plan for the individual section(s) of the overall PUD is consistent in contents (building location, land uses, densities and intensities, yard requirements, and area and frontage requirements) with the approved PUD Preliminary Development Plan;

(4) Each individual phase of the development can exist as an independent unit that can create an environment of sustained desirability and stability, or that adequate assurance will be provided that such objective can be obtained;

(5) That any exception from the design standards provided in the PUD Preliminary Development Plan is warranted by the design and amenities incorporated in the detailed PUD Final Development Plan;

(6) That the internal streets and thoroughfares proposed are suitable and adequate to accommodate the anticipated traffic within and through the development; and

(7) The PUD Final Development Plan has been transmitted to all other agencies and departments charged with responsibility of review.

(Ord. 2022-22. Passed 5-10-22.)

1109.05 PERMITTED USES.

(a) Principal Uses.

(1) Only those uses listed in this code (See Section 1105.02.), as a permitted use, whether permitted as-of-right, permitted with standards, or permitted as a conditional use, may be considered in the application of a PUD.

(2) In general, any standards that apply to a specific use in this code shall also apply to those same uses in a PUD. However, the Planning Commission and City Council may adjust or waive any of those use-specific standards (See Section 1105.03.) based on unique circumstances specific to the applicable development.

(3) As part of any approval, the Planning Commission and/or City Council may restrict the uses permitted within an individual PUD by adopting a list of uses permitted within the PUD.

(4) Any changes in uses within an approved PUD shall be required to be reviewed as part of a major PUD amendment.

(b) Accessory Uses.

(1) Unless otherwise allowed for in the approved plans, accessory uses associated with development in a PUD shall be allowed in accordance with the following:

A. Accessory uses permitted in the R1-A District shall be allowed on lots with any single-family dwelling.

B. Accessory uses allowed in the R-M District shall be allowed on lots with any two-family or multi-family dwelling.

C. Accessory uses allowed in the GB or GI Districts shall be allowed on lots with nonresidential uses.

D. Any allowed accessory uses shall still comply with the applicable accessory use-specific standards established in this code in Section 1111.01.

(2) As part of any approval, the Planning Commission and/or City Council may restrict the accessory uses permitted within an individual PUD.

(Ord. 2022-22. Passed 5-10-22.)

1109.06 DEVELOPMENT STANDARDS.

(a) Lot and Density Regulations.

(1) The Planning Commission and City Council shall have the authority to restrict densities based on the compatibility of the development with surrounding development, the scale of the overall project, traffic impacts, and recommendations from the Comprehensive Plan

(2) Each principal building shall have its own private yard.

(3) Residential uses shall have minimum lot sizes as follows:

A. Single-family dwellings shall have a minimum lot area of 6,500 square feet.

B. Two-family dwellings shall have a minimum lot area of 8,500 square feet.

C. Multi-family dwellings shall have a minimum lot area of 6,500 square feet for the first dwelling unit and 2,000 square feet for each additional dwelling unit.

(4) The maximum gross density of a PUD with only residential uses shall be twelve (12) units per acre.

(5) The PUD Preliminary Development Plan shall illustrate lot areas and setbacks (e.g., building area for each lot) for each lot.

(6) Every building in a PUD shall have access either to a street, walkway, or other area dedicated to common use.

(7) In PUDs with residential dwelling units, the privacy of future residents shall be assured by yards, creative building arrangements, screening and other design elements. At a minimum, residential dwellings shall meet the following standards in a PUD:

A. There shall be a minimum front yard setback of twenty (20) feet and a minimum rear yard setback of twenty-five (25) feet for all residential dwelling units.

B. The minimum side yard setback shall be ten (10) feet for single-family and two-family dwellings.

C. The minimum distance between principal buildings other than single-family and two-family dwellings shall not be less than fifteen (15) feet or one-half the height of the higher structure, whichever is greater.

D. For multi-family dwellings, principal buildings should be oriented in a manner that will provide the most privacy to individual dwellings through creative placement, building orientation, and increased separation.

(b) Design and Development Standards. Where this code provides for design and development standards (e.g., parking, landscaping, architectural standards, etc.) not specifically addressed in this chapter, development within a PUD shall comply with the applicable standard found elsewhere in the code.

(1) Illumination. All development shall comply with the outdoor lighting standards of Section 1113.03 unless the Planning Commission and City Council allows for modification of the standards.

(2) Off-Street Parking and Loading. All development shall comply with the requirements of Chapter 1121: Parking, Access, and Connectivity unless otherwise approved by the Planning Commission and City Council where shared parking, on-street parking, or other arrangements will not necessitate as much parking.

(3) Landscaping and Screening.

A. All uses in a PUD shall comply with the applicable landscaping and screening requirements of Chapter 1119: Landscaping and Screening, which shall be established as the minimum landscaping and screening requirements.

B. All development and common open space shall be landscaped according to an overall coordinated plan, utilizing a variety of trees, including evergreen type trees whenever possible to maximize screening potential year-round. Plantings, walls, fencing and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile sight distances.

C. The amount of landscaping shall be comparable to the intensity of the development proposed to soften the developed areas. Particular care shall be taken to introduce trees and other landscaping into parking and other paved areas that are sustainable given the proximity to large expanses of pavement.

D. Outdoor areas or containers holding or storing trash, garbage, recycled or reused materials shall be screened on three sides from adjoining properties, streets and other public areas. Such areas or containers shall be screened in accordance with this code and shall include a decorative gate for access.

E. Project Buffer.

i. PUDs that contain nonresidential uses or residential uses of a higher density or intensity than of adjacent residential uses shall be required to provide a permanent open space buffer

consisting of mounding and vegetative plantings sufficient to protect the privacy and amenity of such adjoining areas. The buffer area shall be a minimum of thirty-five (35) feet in width unless otherwise approved by the Planning Commission and City Council.

ii. The buffer area shall be maintained by the land owner or owners' association in such a manner as to insure its effectiveness.

iii. The project buffer area shall not be included in the calculation for the lot area of any private lot.

(4) Common Open Space.

A. Common open space shall be required in all applications where there is a proposed PUD that contains any residential uses.

B. The common open space requirements for a PUD shall be based on the proposed residential density and shall be in accordance with Table 1109-1.

C. In the case of phased developments, open space shall be provided in proportion with each developed phase.

TABLE 1109-1: PUD COMMON OPEN SPACE REQUIREMENTS
Proposed Residential Density (Gross Density)	Common Open Space Requirements
Under 4 Dwelling Units per Acre	10 Percent
4 to 8 Dwelling Units per Acre	15 Percent
Over 8 Dwelling Units per Acre	20 Percent

D. The percentage of open space shall be based on the gross site area of the proposed project, including all rights-of-way.

E. When open space is required, such space should be designed in a manner that is beneficial to the entire development and is not solely land that is not developable or that appears to be an extension of proposed lots. Such design shall be as approved by the Planning Commission and City Council during the PUD Preliminary Development Plan review.

F. Retention or naturalized stormwater management areas that are designed to be an amenity (e.g., improved ponds, decorative features, etc.), may be considered as open space if approved by the Planning Commission and City Council during the PUD Preliminary Plan review.

G. The following areas shall not be counted toward compliance with open space requirements:

i. Private and public roads, and associated rights-of-way;

ii. Public or private parking spaces, access ways, and driveways related to any residential use;

iii. Required minimum spacing between buildings and required yard setbacks;

iv. Vehicular use areas;

v. Land that is subject to pre-existing conservation easements or other similar protected open spaces;

vi. Above-ground buildings, pipes, apparatus, and other equipment for community or individual use, septic or sewage disposal systems;

vii. Stormwater areas that are not designed as an amenity pursuant to Section 1109.06(b)(4)F, above.

viii. Substations and public utility easements;

ix. Leftover land that has no value for development and is not a natural resource (e.g., river or stream corridor, large forest stand, wetland) that contributes to the quality of the overall project, as determined by the Planning Commission, the City Council or the Director of Community Development, as may be applicable based on the review procedure.

H. All common open space shall be designed in accordance with the following:

i. The location, shape, size and character of common open space shall be suitable for the proposed residential uses in relation to the location, number and types of dwelling units it is intended to serve. In any case, it shall be highly accessible to all residents or users of the PUD.

ii. The common open space shall be used for amenity and/or recreational purposes. Any uses and/or buildings authorized for the common open space must be appropriate to the scale and character of the PUD in relation to its size, density, expected population, topography and the type of dwellings.

iii. The common open space shall be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space shall be appropriate to the uses which are authorized for the common open space and shall conserve and enhance the amenities of the common open space regarding its topography and unimproved condition.

iv. Where appropriate, open space should be arranged in order to provide connections to existing or future open space areas, trails, or similar features on adjoining parcels.

(5) Protection and Maintenance of Common Open Space. Adequate provision shall be made for the long-term maintenance and/or operation of all common open space in accordance with this section.

A. Reclamation of Disturbed Open Space. Any required land areas designated for use as open space that are disturbed during construction or otherwise not preserved in their natural state, shall be landscaped with non-invasive vegetation that appeared in those respective areas prior to construction or with other native vegetation. The planting of invasive plant species is prohibited.

B. Future Subdivision and Development of Open Space. All required open space shall be restricted from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the City of Sharonville and duly recorded in the office of the Hamilton or Butler County Recorder, as applicable. Subject to permanent restrictions as set forth above, required open space in an open space residential subdivision shall be owned by a homeowners' association, a land trust or other conservation organization, or by a similar entity recognized by the City of Sharonville. Required open space may be held by the individual members of a homeowners' association as tenants-in-common or may be held in common ownership by a homeowners' association, community association, or other similar legal entity.

C. Conservation Easements. With the permission of the City of Sharonville, the owner(s) of required open space may, in accordance with the applicable provisions of the ORC, grant or transfer a conservation easement to any entity described in the ORC, provided that the entity and the provisions of the conservation easements are acceptable to the City of Sharonville. When a conservation easement is proposed as the method of restricting further subdivision of land designated as open space, the City of Sharonville shall be named as a party to such conservation easement with approval authority over any changes thereto. The conveyance must contain appropriate provision for assignment of the conservation easement to another entity authorized to hold conservation easements under the ORC, in the event that the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.

D. Homeowners' Associations. The following shall apply where a homeowners' association will be established to maintain any open space or other common areas as required by this article:

i. A homeowners' association shall be established to permanently maintain all open space, common areas and conservation easements related to the open space unless such open space is preserved in another manner allowed by this chapter.

ii. All homeowners' association agreements shall be submitted for approval as part of a zoning certificate, conditional use, planned unit development application, as applicable. Copies of the proposed covenants, articles of incorporation, and bylaws of the association shall be submitted with said agreements. No set of proposed covenants, articles of incorporation, or bylaws of a homeowners' association shall permit the abrogation of any duties set forth in this section.

iii. All homeowners' associations shall guarantee maintenance of all open space and common areas within the boundaries of the development. In the event of a failure to maintain such open space or common areas, the City may do any of the following:

a) If the open space or common area is owned by the City, a City-approved land trust or other qualified organization, county, state or park district, the City may remedy the failure to maintain at its own cost and seek reimbursement from the homeowners' association, or seek to enforce the homeowners' association's duty to maintain through an injunction or any other civil remedy.

b) If the open space or common area exists pursuant to a conservation easement to which the City is a party, the City may seek to enforce the terms of the conservation easement as provided in Section 1109.06(b)(5)C.

iv. If the open space or common area is owned jointly or in common by the owners of the building lots, or by any other owner of the property to be maintained, the City may seek to enforce the association's nonperformance of its obligations and duties through an injunction or any other civil remedy.

(6) Signs.

A. Signs shall be integrated into the building and landscaping plans to enhance the overall appearance while providing adequate identification of the development.

B. The requirements of Chapter 1123: Signs, may only be waived as part of the approval of the preliminary PUD plan when the applicant submits a master sign plan for the entire PUD. In such cases, the master sign plan shall not allow for more than a ten percent (10%) increase in the total sign area allowed in Chapter 1123: Signs.

(7) Development Layout. Dwelling units shall be grouped or clustered to provide interest and diversity in the arrangement, maximize privacy, collect and maximize the common open space and promote the individual character and coordinated layout of each lot, cluster and grouping. Streets and cul-de-sacs shall be laid out so as to discourage through and high-speed traffic unless such through street is needed to be in compliance with the approved City plans.

(8) Vehicular Access Points.

A. Adequate and properly arranged facilities for internal pedestrian and traffic circulations shall be provided.

B. Topography, landscaping and existing vegetative clusters shall be utilized as necessary to make the project attractive and provide screening between areas of substantially different character.

C. The street and thoroughfare network shall be designed to minimize truck and through traffic passing through residential areas of the development.

D. A minimum of two ingress and egress points shall be provided for any PUD. If a PUD is phased, each phase shall have a minimum of two ingress and egress points at the time of construction.

E. Where a PUD is located adjacent to a vacant lot, connections shall be planned for the future connection to the future development of the vacant lot unless otherwise approved by the Planning Commission and City Council. Where such connections are made, a temporary turnaround may be established and the future connection shall be noted on the PUD Final Development Plan and the final subdivision plat. An easement shall be provided on the final plat of the subdivision to keep the land open in perpetuity for the connection.

(9) Circulation Plan.

A. The circulation system and parking facilities shall be designed to fully accommodate the automobile with safety and efficiency. Any driveway to arterial and collector streets shall be placed at locations where the traffic can be controlled and operated effectively with the minimum interference with the capacity and flow of the existing streets.

B. An interconnecting walkway system shall be designed to promote easy and direct barrier-free access, using accepted criteria, to all areas of the development in a carefully conceived total service plan while also considering the security of the residents in the design. Wherever possible, the vehicular and pedestrian circulation patterns shall be completely separate and independent of one another.

C. A PUD shall consider bicycle plans adopted by the City and/or a regional agency, where applicable, on or adjacent to the site. A component of the bike plan which is proposed within a planned unit development shall be assured for public access by easements, agreements or covenants as may be appropriate after review by appropriate departments and approval by Council.

(1) Subdivision Compliance. Unless alternative standards are approved as part of a subdivision modification, all PUDs shall comply with the applicable subdivision improvement and design standards established in Chapter 1125: Subdivision Design.

(2) Streets. All streets proposed within a PUD shall be public streets, dedicated to the City of Sharonville in accordance with the applicable subdivision regulations, unless otherwise approved by the Planning Commission and City Council as part of the PUD Preliminary Development Plan approval.