Sparta Township City Zoning Code
OPEN SPACE
PLANNED UNIT DEVELOPMENT OS-PUD DISTRICT
§ 154.070 INTENT.
(A) This subchapter provides enabling authority and standards for the review and approval of applications for open space planned unit developments (OS-PUDs). The intent of this subchapter is to offer an alternative to traditional subdivision design by encouraging innovation and offering flexibility in the design of residential developments, which may incorporate the permanent preservation of open space, agricultural lands and other valuable natural and cultural resources.
(B) The OS-PUD District is intended to achieve the following objectives:
(1) To require a process for designing residential communities in which the first and most important step is identifying the land that is to be preserved as open space;
(2) It allows residential developments to have varied lot sizes and to allow buildings and roads to be placed to preserve natural features;
(3) It preserves wildlife habitat; and
(4) It encourages the provision of village greens and the development of recreational and other support facilities in a generally central location within reasonable distance of all units.
(Ord. passed 7-12-2012, § 12.1)
§ 154.071 AUTHORIZATION AND PROCEDURES.
(A) An OS-PUD may be approved by the Township Board following a recommendation from the Planning Commission in any location master planned as RA, Rural Agricultural, LDR, Low Density Residential or zoned Ag-2, R-1 or R-2, in accordance with the procedures of §§ 154.095 through 154.108 of this chapter. Areas that are master planned for MHDR, Medium High Density Residential, or zoned R-3 may also be approved for an OS-PUD zoning, but only if public or community sewer and water are provided.
(B) The granting of an OS-PUD rezoning application shall require an amendment of this chapter and zoning map. An approval granted under this subchapter shall constitute part of this chapter.
(Ord. passed 7-12-2012, § 12.2)
§ 154.072 QUALIFYING CONDITIONS.
Any application for rezoning to an OS-PUD Zoning District shall meet all of the following minimum requirements.
(A) In order to be eligible for rezoning to OS-PUD, the parcel shall consist of at least five contiguous acres.
(B) The proposed development shall be under unified ownership or control such that there is one person, group of persons or legal entity having responsibility for the completion and ongoing maintenance of the development in compliance with this chapter. This requirement for unified ownership or control shall not prohibit a transfer of ownership or control, so long as there is still unified ownership or control of and for the development as required by this chapter.
(Ord. passed 7-12-2012, § 12.3)
§ 154.073 PERMITTED USES.
Land and buildings in an OS-PUD may only be used for the following uses or combination of such uses:
(A) Single-family detached dwelling units;
(B) Two-family attached dwelling units (duplexes); provided that, such dwellings do not constitute more than 25% of the total dwelling units;
(C) Multi-family dwelling units but only if the land requested for rezoning to OS-PUD is recommended for medium high density residential land use in the township’s Master Plan and public or community sanitary sewer and water is provided; and
(D) Accessory uses, structures and buildings that are customarily associated with the uses specified above, including the following.
(1) Limited farming activities are permitted if conducted within the PUD. For purposes of this section, farming activities shall be limited to the growing of crops, fruits and vegetables and the raising and keeping of farm animals. In permitting farming activities as part of the PUD, the project shall demonstrate that the farming activities will not pose a nuisance or a hazard to the residents of the PUD.
(2) Golf courses, tennis courts, ballfields, bike paths, walking paths, playground, community buildings, horse stables and similar recreational facilities as well as day care facilities; provided, such uses are accessory to the residential uses in the PUD. Such uses shall be designed to be used primarily by residents of the PUD, but this shall not prohibit non-PUD residents from utilizing these accessory uses provided the rules for such use are set forth in the open space agreement required by this subchapter.
(3) Accessory buildings in an OS-PUD shall comply with the requirements of § 154.252 of this chapter.
(Ord. passed 7-12-2012, § 12.4)
§ 154.074 DEVELOPMENT REQUIREMENTS.
(A) Modifications of existing regulations. The lot area, lot width, building height, dimensional, setback, and yard requirements, general provisions, signs, and parking regulations contained in this section that would apply for the zoning district in which the uses or uses proposed are normally allowed and that would be the most restrictive regulations for the uses proposed shall be met except that the Township Board (following a recommendation from the Planning Commission) may increase, decrease or otherwise modify these regulations, as may be requested by the applicant, in order to achieve the goals and objectives of this chapter; however, all development shall comply with the density requirements and setback requirements detailed in § 154.080. Other criteria that shall be used in making these determinations shall include the following:
(1) Whether the modifications requested will result in a project that better satisfies the intent and objectives of this section;
(2) The modification shall be compatible with adjacent existing and future land uses and shall not significantly adversely affect the use and enjoyment of nearby property;
(3) The modification will result in the preservation of existing vegetation or other natural features on site;
(4) The modification is necessary due to topography, natural features or other unusual aspects of the site;
(5) The modification will improve or not impede emergency vehicle and personnel access;
(6) The modification will improve or not impede adequate pedestrian circulation; and
(7) The modification shall not result in traffic or other safety hazards; shall not result in visual blight, distraction or clutter, and shall not otherwise result in a detriment to the public health, safety or general welfare.
(B) The proposed development shall also comply with the requirements of this chapter.
(Ord. passed 7-12-2012, § 12.5; Ord. 2022-1, passed 1-13-2022)
§ 154.075 OPEN SPACE REQUIREMENTS.
An OS-PUD shall provide and permanently maintain the following minimum amount of dedicated open space in accordance with the standards of this subchapter. For purposes of this subchapter, DEDICATED OPEN SPACE shall mean that portion of an OS-PUD that is permanently preserved in an undeveloped state through an open space preservation agreement as required herein.
(A) For land master planned for rural agricultural or zoned Ag-2, 25% of the total area of the site shall be preserved as dedicated open space.
(B) For land master planned for low density residential or medium high density residential or zoned R-1, R-2 or R-3, 15% of the total area of the site shall be preserved as dedicated open space.
(Ord. passed 7-12-2012, § 12.6)
§ 154.076 AREAS NOT COUNTED AS DEDICATED OPEN SPACE.
The following shall not count as open space:
(A) The area within all public or private road rights-of-way;
(B) Golf course;
(C) Any easement for overhead utility lines;
(D) The area within a platted lot, site condominium unit or metes and bounds parcel occupied or to be occupied by a building or structure not permitted to be located in open space;
(E) Off-street parking area;
(F) Detention and retention ponds created to serve the project;
(G) Community drain fields;
(H) Fifty percent of the area of wetlands, creeks, streams, existing ponds or lakes or other bodies of water; and
(I) Fifty percent of the area of floodplains and 50% of areas of slopes of more than 20%.
(Ord. passed 7-12-2012, § 12.7)
§ 154.077 STANDARDS FOR OPEN SPACE.
The following standards shall apply in order for land to be deemed preserved open space required by this subchapter.
(A) Features to be preserved. In order to approve an OS-PUD project, the Planning Commission must determine that the parcel of land contains natural features which would be preserved through the use of cluster development. Such features must include at least two of the following:
(1) Natural stands of large trees;
(2) Significant or unusual natural habitat for wildlife within the developed portion of the property;
(3) Unusual topographic features;
(4) Annually productive farmland; or
(5) Water or wetland areas.
(B) A substantial portion of the open space shall be reasonably usable by the residents of the land for passive recreational uses such as hiking or picnicking.
(C) The open space may include a recreational trail, picnic area, children's play area, community building or other use that as determined by the Planning Commission, is substantially similar to these uses.
(D) A portion of the dedicated open space shall be located along the public road frontage abutting the site. The depth of this area shall be at least 50 feet not including public road right-of-way, and this area shall be left in its natural condition or landscaped to help reduce the view of houses on-site from the adjacent roadway and preserve the rural view.
(E) Open space areas are encouraged to be linked with any adjacent open spaces, public parks, bicycle paths, or pedestrian paths.
(F) The open space shall be available for all residents of the development, subject to reasonable rules and regulations and shall be reasonably accessible to the residents of the open space development. Safe and convenient pedestrian access points to the open space from the interior of the open space shall be provided.
(G) If the land contains a lake, stream, or other body of water, the Planning Commission may require that a portion of open space abut the body of water.
(H) Open space shall be located so as to preserve significant natural resources, natural features, scenic or wooded conditions, bodies of water, and wetlands.
(I) All open space must be determined by the Planning Commission to be:
(1) Quality and desirable land;
(2) For preserved farmland, of a size, topography, soil type and location so as to be able to be productively and reasonably used for crops;
(3) Not merely left over or undevelopable land; and
(4) Involving features that will enhance the desirability and value of the lots/units.
(J) The overall design of the open space development should emphasize the rural character of the township, provide views to open spaces from as many areas of the development as possible, and avoid long, straight, street segments and rows of homes.
(Ord. passed 7-12-2012, § 12.8; Ord. 2022-1, passed 1-13-2022)
§ 154.078 METHODS TO PRESERVE OPEN SPACE.
(A) (1) The applicant shall provide an open space preservation and maintenance agreement to the Township Board stating that all dedicated open space portions of the development shall be maintained in the manner approved.
(2) Documents shall be presented that bind all successors and future owners in title to commitments made as part of the proposal.
(3) This provision shall not prohibit a transfer of ownership or control; provided, notice of such transfer is provided to the township and the land uses continue as approved in the OS-PUD Plan, unless an amendment is approved by the Township Board.
(B) The agreement must be acceptable to the Township Board and may consist of a recorded deed restriction, covenants that run perpetually with the land or a conservation easement established according to state law.
(C) The legal instrument shall:
(1) Indicate the proposed permitted use(s) of the open space;
(2) List the parties who have an ownership interest in the open space. The residents of the PUD by virtue of an association or other similar entity shall at all times maintain an ownership interest in the dedicated open space;
(3) Require that the open space be maintained and controlled by parties who have an ownership interest in the dedicated open space; and
(4) Provide standards for scheduled maintenance of the open space, including periodic removal of underbrush to reduce fire hazard and the necessary pruning and harvesting of trees and new plantings.
(Ord. passed 7-12-2012, § 12.9)
§ 154.079 DENSITY AND NUMBER OF DWELLING UNITS ALLOWED.
(A) (1) An area that is requested for rezoning to OS-PUD shall only be developed in accordance with the density recommended by the township’s Master Plan.
(2) The permitted number of dwellings for the proposed PUD area shall be based on the density recommendation of the Master Plan designation of the property as set forth in § 154.080 of this chapter.
(B) The Township Board, following a recommendation from the Planning Commission, may choose to allow fewer dwellings than permitted by the density table if, in the opinion of the Board, a reduction in the number of dwellings proposed would better achieve the intent and objectives of the PUD District.
(Ord. passed 7-12-2012, § 12.10)
§ 154.080 DENSITY AND SETBACKS TABLE.
Master Plan Category
|
Zoning District
|
Minimum Lot Size
|
Minimum Yard Setbacks
|
Minimum Lot Width
|
Low Density Residential (LDR) | R-1 | 27,500 square feet (0.63 acres) Maximum density: 0.63 units/acre (for developed lot area) | Front yard setback: 35 feet Rear yard setback: 35 feet Side yard setback: 10 feet | 125 feet |
Medium High Density Residential (MHDR) | R-3 | Maximum density: 3.62 units/acre provided both public or community water and sewer is provided | ||
Rural Agricultural (RA) | Ag-2 | 30,000 square feet (0.69 acres) Maximum density: 0.69 units/acre (for the developed lot area) | Front yard setback: 35 feet Rear yard setback: 35 feet Side yard setback: 10 feet | 125 feet |
(Ord. passed 7-12-2012, § 12.11; Ord. 2022-1, passed 1-13-2022)
§ 154.081 FORMULA TO DETERMINE NUMBER OF DWELLINGS.
(A) The number of dwellings that may be constructed within an OS-PUD shall be determined as follows:
(1) Determine gross site area. The gross site area may include road right-of-way if included in legal description;
(2) Subtract half of the primary conservation areas. For purposes of this chapter, PRIMARY CONSERVATION AREAS shall be defined as existing wetlands, creeks, streams, ponds, lakes or other waterbodies, floodplains and slopes over 20%; and
(3) Multiply this acreage by the maximum average density from the density table to determine the number of dwellings permitted.
(B) The determination of the existence of wetlands and floodplain areas on a parcel shall be demonstrated to the satisfaction of the Planning Commission through a written determination by the state’s Department of Environmental Quality or by an analysis performed by a professional biologist, ecologist, environmental engineer or similar professional person deemed acceptable to the Planning Commission.
(1) Additional dwellings above what is allowed by this section may be permitted at the discretion of the Township Board following a recommendation by the Planning Commission if the development provides additional amenities or preserves additional open space that would result in a significant recognizable benefit to the township and residents of the PUD. Items that could be added to a PUD so it may be eligible for consideration for additional dwelling units shall include one or more of the following items as well as similar items:
(a) Provision of recreational facilities such as playground areas with play equipment, ballfields, bike path, human-made lake, and community building or similar recreation facility;
(b) Additional landscaping to preserve or enhance the rural view along the roadway;
(c) Enhancement of existing wetlands, subject to applicable regulations; and
(d) Provision of a public or community water and/or sanitary sewer system.
(2) (a) If additional dwelling units are to be permitted, the maximum number of dwelling units shall be determined by multiplying the maximum average density permitted in the density table by the gross acreage of the site excluding only the acreage devoted to any non-residential uses.
(b) In no case shall the number of dwelling units exceed what is permitted by this section.
(Ord. passed 7-12-2012, § 12.12)
§ 154.082 PROCEDURES FOR REVIEW AND PREPARATION OF PRELIMINARY SITE PLAN.
(B) OS-PUD design process.
(1) A site plan for an OS-PUD shall be prepared according to the following process.
(C) Two plans. The applicant shall prepare two plans: a Natural Features and Development Area Map and a Preliminary Site Plan using the design process described below.
(1) The Natural Features and Development Area Map shall illustrate the primary conservation areas and those other areas on the site that are to be preserved as dedicated open space on the site.
(a) Primary conservation areas, for purposes of this chapter, shall be defined as existing wetlands, creeks, streams, ponds, lakes or other waterbodies, floodplains and slopes over 20%.
(b) The dedicated open space illustrated on this map shall comply with the requirements for open space of this subchapter.
(c) Only one-half of the primary conservation areas shall be counted toward the required amount of dedicated open space.
(2) Label other natural site features such as woods, stands of trees, specimen trees, farm lands and fields, meadows and hedgerows, farm buildings and fences.
(3) The dedicated open space as required by this subchapter shall be clearly labeled on the map. The areas outside the dedicated open space shall be illustrated on the map as the development area, which is the only area where house sites may be located.
(4) Next, determine the number of houses permitted for the site by this subchapter.
(5) On the same natural features and development area map illustrate the tentative location of house sites. House sites shall only be located within the development area. A house site shall not be located within the primary conservation areas or other areas illustrated as dedicated open space. The location of house sites should be done according to the following design standards.
(a) Houses should be placed so that the predominant view from the house is of open space and not of dwellings on the opposite side of the street.
(b) Houses should be placed so that scenic views are left unblocked or uninterrupted, particularly as seen from the public road right-of-way.
(c) In order to maintain scenic views and rural character, dwellings placed directly on hilltops shall be discouraged if the dwelling is unscreened from the view of nearby properties and roads. Dwellings that are three stories as viewed from nearby public streets shall also be discouraged as such dwellings can detract from the rural view.
(6) On the Natural Features and Development Area Map illustrate the conceptual location of streets that shall be designed to serve the allowed house sites. Trails shall also be illustrated on this plan. The location of streets should be designed according to the following design standards:
(a) Avoid crossing wetlands and wildlife habitat areas with streets;
(b) Street systems should be designed to produce terminal vistas (views) of open spaces, village greens, water features, meadows or playing fields;
(c) Streets should have houses on only one side as this will allow residents a view of open spaces within the development;
(d) Every effort should be made to connect each street with another to minimize dead-ends, to provide safe and efficient access for emergency and public service vehicles, and to avoid conditions where certain residential streets become collectors that carry the majority of neighborhood traffic;
(e) Where cul-de-sacs are unavoidable, they should be provided with pedestrian and bike linkages to nearby streets or adjoining neighborhoods;
(f) Streets serving new developments should be designed to connect with adjoining properties; and
(g) OS-PUD developments shall, where feasible and appropriate, provide a trail system that provides pedestrian and bicycle linkage throughout the development, that take advantage of the open space areas. Linkage to future neighborhoods and developments that may occur adjacent to the development may be provided and are encouraged.
(7) (a) Next, prepare a separate plan to be known as the Preliminary Site Plan in accordance with the requirements of §§ 154.160 through 154.171 of this chapter. Draw lot lines for each house site and the road rights-of-way within the development area. Illustrate the boundaries of the development area on the Preliminary Site Plan.
(b) The lots should be designed according to the following design standards.
1. Lots shall be of a size and width necessary to obtain approval from the county’s Health Department. If permitted by the Health Department, septic drain fields may be located within the dedicated open space areas outside the lot lines.
2. As part of the Preliminary Site Plan, the applicant shall provide documentation from the county’s Health Department that the soil types in the buildable areas are acceptable for on-site well and septic systems.
(8) The natural features map plan and the Preliminary Site Plan shall be submitted to the Planning Commission for Preliminary Site Plan review according to the procedures of this chapter.
(Ord. passed 7-12-2012, § 12.13)