Strongsville City Zoning Code
CHAPTER 1266
Procedures for Planned Development Areas PDA Districts
1266.01 INTENT.
To encourage the most skillful planning of parts of the community in accordance with the objectives of the Comprehensive Plan, to provide for the utilization of planning criteria in the arrangements of buildings related to common open space, and to utilize topography and other site features to best advantage to obtain creative and coordinated designs, it is necessary to expand the scope of land planning and development from a concept of individual lots and structures thereon to the planning and development of larger areas with groups of structures erected thereon as a coordinated entity. Therefore, procedures, supplementary to those applicable in the standard zoning districts created by this Zoning Code, are established under which a developer may prepare development plans particularly designed to meet these objectives. Procedures are also established for professional review of such development plans, action thereon by the City and the implementation thereof.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1266.02 SCOPE OF PLANNED DEVELOPMENT AREAS.
(a) Any developer may submit development area plans in accordance with the provisions of this chapter and other applicable parts of this Zoning Code. In addition, the Planning Commission may require developers to prepare and submit development area plans whenever it determines that such planning is essential to assure improved and unified design within the development area and coordination with the surrounding areas.
(b) Development area plans designed in accordance with the regulations, standards and design criteria set forth herein and in other applicable sections of this Zoning Code may include:
(1) PDA- 1.
A. One-family attached and detached dwellings; and
B. Townhouses.
(2) PDA- 2.
A. One-family attached and detached dwellings; and
B. Townhouses and apartments.
(c) In addition to the aforementioned residential uses, the Planning Commission may permit retail business and office uses to be included in a planned development area if the area to be included has been zoned to permit such retail business or office use or if the use of the area to be included is so designated on the officially adopted Comprehensive Plan or any subsequent amendment thereto.
(d) As used in this chapter and Chapter 1268 of this Zoning Code, the term "Comprehensive Plan of Strongsville" means the comprehensive community development plan, including a broad and general guide and pattern for the future growth and development of the city, together with maps, plats, charts and descriptive, interpretative and analytical narratives as may be appropriate, as adopted by the Planning Commission and approved by Council pursuant to Ohio R.C. 713.02 and the city Charter, and any subsequent amendment thereto, and shall, until a subsequent comprehensive plan is adopted, mean the comprehensive plan entitled "The Comprehensive Plan-Strongsville, Ohio," as prepared by the Strongsville Planning Commission and Dalton-Dalton Associates, Cleveland, Ohio, officially adopted by the Planning Commission on August 1, 1968, and any subsequent amendment thereto.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1266.03 PRELIMINARY PLAN OF DEVELOPMENT AREA.
Subject to the requirements of Chapter 1268, a developer may submit to the Planning Commission a preliminary plan of a planned development area by filing five copies thereof with the Secretary. Such plan may be combined with the preliminary plan of a subdivision as set forth in Chapter 1226. Plans may be submitted, however, only on behalf of a single owner of the parcel or a group of owners of the land included therein who are acting jointly. The preliminary plan of the development area shall indicate all uses proposed for the planned development area, the location and arrangement of uses and, unless waived by the Planning Commission as not being applicable, the following:
(a) A preliminary plan of the development area designed in accordance with the planning standards, regulations and criteria established in this Zoning Code and the Subdivision Regulations, which shall include:
(1) Topography, at two-foot contour intervals, of the proposed development area, including property lines, easements, street right of ways, structures, trees and landscape features existing thereon, and a certificate, by a registered engineer or Surveyor, of the gross area of the development area in acres and square feet;
(2) The proposed vehicular and pedestrian traffic patterns, including the proposed location and design of public and private streets, the directional flow and location of existing and proposed storm and sanitary sewers and sewers connecting with existing or proposed Municipal interceptor, outlet or trunk sewers outside of the development area, the location and design of parking and service areas and an estimate of traffic volumes to be generated, including the assignment of traffic to proposed entrances and exits;
(3) The proposed assignment of use and subdivision of all land, including private land and common land, with a certificate by a registered engineer or surveyor of the gross area of each use of the development area in acres and square feet;
(4) The location of all structures in the development area to be retained, all structures to be removed and all structures lying outside of the boundaries of the development area, located within 200 feet thereof;
(5) The proposed forms of covenants running with the land, deed restrictions, including those with respect to the use of the common land, covenants, restrictions or easements proposed to be recorded, and covenants proposed for maintenance;
(6) A schedule for construction and cost estimates for the completion of the development, including all public and private improvements in the development area; and
(7) Such other relevant information as the Planning Commission may require.
(b) The preliminary plan of a development area, unless otherwise specified, shall be prepared by professional persons qualified in the planning of land development, traffic engineering and building and landscape design. The architectural and engineering services required for the preparation of the preliminary plan shall be rendered by licensed professional persons, and the landscape and area planning and design shall be provided by persons who only provide professional advice and services.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1266.04 REFERRAL FOR REVIEW AND REPORTS.
Upon receipt of a preliminary plan of a planned development area, the Secretary of the Planning Commission shall transmit a copy of the preliminary plan to the City Engineer and City Planner (or Planning Consultant) for their review, report and recommendation. The Secretary shall also transmit a copy of all covenants, restrictions and easements to be recorded and covenants for maintenance to the Law Director for his review, report and recommendation. The Law Director, Engineer and Planner shall each, within thirty days from the date of receiving a preliminary plan of the development area, provide and furnish to the Planning Commission a report upon their respective jurisdictions with four copies. Three copies of each such report shall be filed with the Planning Commission, one copy shall be submitted to the Mayor and one copy shall be filed with the Clerk, who shall maintain such copy open to public inspection.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1266.05 REPORT TO COUNCIL.
Within sixty days after a preliminary plan has been filed with the Secretary, the Planning Commission shall evaluate the plan and reports required under Section 1266.04 and shall furnish to Council its detailed report and recommendations with respect thereto. The report of the Planning Commission shall include a finding either that the preliminary plan complies with the regulations, standards and criteria prescribed by this Zoning Code for planned development areas applicable to the proposal, or a finding of any failure of such compliance and a recommendation that the preliminary plan be approved, disapproved or modified. If, in any such evaluation, the Planning Commission finds that any regulations, standards or criteria prescribed by this Zoning Code are inapplicable because of unusual conditions of the development area or the nature and quality of the proposed design, it may recommend to Council that an adjustment in such regulations, standards or criteria be made, provided, however, that such adjustment will not be in conflict with the promotion of the public health and safety and the general welfare of the City.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1266.06 ACTION BY COUNCIL.
Council, at its next regular meeting following receipt of the Planning Commission report, shall set a date for a public hearing on the preliminary plan of the planned development area, including the report of the Commission thereon, and give at least fifteen days notice of the time, place and purpose of such hearing by publication in two newspapers of general circulation in the City.
Following the public hearing, Council shall either approve, disapprove or modify the preliminary plan. Council may affirm any report of the Planning Commission or disapprove a favorable report of the Planning Commission by a majority vote of its members. If Council reverses a report of the Commission recommending disapproval of a preliminary plan, it shall only do so by the affirmative vote of not less than two-thirds of its members.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1266.07 AUTHORITY TO PROCEED; REQUIRED INSPECTION FEE.
Following approval by Council, the Clerk shall notify the developer of such action, by registered or certified mail, and authorize him to proceed with the preparation of the final plan of a planned development area, in accordance with the procedures and criteria set forth in this Zoning Code and any special conditions under which this authorization to proceed was granted.
Within fifteen days after mailing the notice, unless the time is extended by Council, the developer shall deposit with the Director of Finance a cash amount to be credited to the General Fund of the city for the exclusive use of covering expenses incurred by the Municipality in reviewing the plan. Such expenses may include items such as the cost of professional services in connection with reviewing the plan and preparing reports, the publication and mailing of public notice in connection therewith and any other reasonable expenses directly attributable thereto, such cash amount to be determined by the Engineer.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1266.08 CHANGE IN ZONE MAP.
Upon depositing the inspection fee, the Clerk shall cause a notation to be made on the Zone Map to reflect the area which is included in the preliminary plan in a Planned Development Area District and shall return the preliminary plan to the Planning Commission with a report of the action of Council thereon. If the developer does not complete and file a final plan of the development area or take out building permits or commence construction, he shall forfeit the inspection fee, the approval of the preliminary plan shall lapse and the notation of such approval shall be removed from the Zone Map.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1266.09 FINAL PLAN OF DEVELOPMENT AREA.
The developer of any parcel or parcels of land for which a preliminary plan has been approved by Council, and who has posted the surety bond required in Section 1266.07, may submit a final plan of the planned development area. Any such plan shall be filed with the Building Commissioner and, upon payment of the appropriate fees, shall be submitted by him to the Planning Commission.
The final plan of the development area shall contain and be accompanied by the following:
(a) A site plan, including the proposed public and private street system with right of ways, easements, the use and subdivision of all land, including common and private land, and the location of each existing structure to be retained.
(b) A plat of the development area showing street right of ways, subdivided and common land and easements in accordance with the requirements of the Subdivision Regulations, which shall be in form for recording;
(c) Detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination and all other site features of the development area or that portion of the development area to be developed, designed in accordance with the Subdivision Regulations and the Building Code;
(d) A detailed landscape plan showing all site features, recreation facilities and finished grading for public and private lands within the development area;
(e) The final form of covenants running with the land, deed restrictions, including the use of common land, covenants, restrictions or easements to be recorded, declaration of covenants, restrictions and bylaws of a homeowners association and its incorporation, declaration of condominium ownership and other covenants, if any, for maintenance;
(f) Estimated project cost, including estimates for all public and private improvements;
(g) Construction schedule and land disposition program; and
(h) In the event the final plan of a development area includes the subdivision of land, any map, plat or other data required for compliance with the provisions of the Subdivision Regulations.
The Planning Commission may require additional drawings to supplement the above when more information is needed or special conditions occur. (Ord. 1978-165. Passed 10-16-78.)
1266.10 CONDITIONS FOR APPROVAL BY COMMISSION.
If the Planning Commission finds that a proposed final plan of a planned development area is in substantial accordance with and represents a detailed expansion of the preliminary plan heretofore approved by Council, that it complies with all of the conditions which may have been imposed in the approval of such preliminary plan, that it is in accordance with the design criteria and provisions of this Zoning Code which apply particularly to any plan of a planned development area, that all agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed, all sureties provided and all payments made, and that the provisions of Sections 1228.01, 1228.03 and 1224.02 have been complied with, the Commission shall then approve such final plan of a planned development area and certify its approval to the Clerk of Council.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1266.11 BUILDING PERMITS.
Following the approval of a final plan of a planned development area, the Building Commissioner shall be so notified and building and other permits may be issued upon payment of the required fees.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1266.12 PROGRESSIVE DEVELOPMENT.
A developer, having obtained final approval of any preliminary plan of a planned development area, may accomplish the development in progressive stages as may be approved by the Planning Commission.
When the final plan of the development area provides for partial development of the total area for which a preliminary plan has been approved, the Planning Commission may require detailed plans for all improvements in the development area to permit evaluation of the development of the entire parcel before development in progressive stages may be approved.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1266.13 AMENDMENTS TO PLANS.
At any time after the approval of a preliminary plan or a final plan of a planned development area, the owner or owners may request an amendment of their plans. The request for such amendment shall be filed with the Planning Commission and one copy filed with the Clerk of Council. If such amendment is in substantial agreement with the approval of a preliminary or final plan of a development area, it shall be processed by the Planning Commission. Should such amendment represent a departure from the intent of a prior approval, such amendment shall then be subject to the same procedure and conditions of approval as the original application.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1266.14 TRANSFER OF LAND FROM STANDARD ZONING DISTRICT TO PLANNED DEVELOPMENT AREA.
Land in a standard Residential District being planned for transfer to a Planned Development Area (PDA) District shall be subject to all provisions of this Zoning Code applicable in such standard Residential District until a notation is made on the Zone Map reflecting the area in a PDA District in accordance with Section 1266.08.
(Ord. 1978-165. Passed 10-16-78.)