Wauseon City Zoning Code
CHAPTER 1134
Planned Unit Development PUD
1134.01 PURPOSE.
The district regulations of this Chapter may be modified by the Planning Commission in the case of a plan utilizing an unusual concept of development. The Planning Unit Development (PUD) provision is intended to encourage original, flexible and imaginative development and subdivision design which preserves the natural amenities of the site and provides for the general welfare of the City of Wauseon. This classification is intended to accommodate integrated and well designed developments in accordance with approved development plans. The district is intended to offer flexibility of design and to encourage imaginative, functional, high quality land planning which is compatible with adjacent and nearby lands and activities. It also seeks a greater variety in design and siting of buildings by the conservation of more efficient use of land connected with the development. In order to carry out the intent of this Chapter, a Planned Unit Development shall meet the following objectives:
(a) More usable open space, land and recreational uses;
(b) The preservation of trees, outstanding natural topography and geological features and preservation of soil erosion;
(c) A creative use of land related to physical development which allows an orderly transition of land from rural to urban uses;
(d) An efficient use of land resulting in smaller networks of utilities and streets;
(e) A development pattern in harmony with the objectives of the Comprehensive Plan, when applicable;
(f) A more desirable environment than would be possible through the strict application of the provisions of this Zoning Code.
(Ord. 1989-81. Passed 1-2-90.)
1134.02 PERMITTED USES.
No specific list of uses permitted is established for this classification. Land proposed for development under the PUD classification may contain a mixture of residential, commercial, recreational and/or other uses.
(Ord. 1989-81. Passed 1-2-90.)
1134.03 LAND REQUIREMENT.
A minimum of four acres is required for Planned Unit Development, except for housing design for and/or restricted to the elderly, in which case a minimum of two acres shall be required.
(Ord. 1989-81. Passed 1-2-90.)
1134.04 STANDARDS.
In its analysis of the petition to rezone and the proposed development plan, and prior to official action recommending in favor of or approving the petition and plan, the Planning Commission shall insure that the following standards and conditions are met and shall deny the request if the following standards are not met.
(a) Land uses within the PUD shall be appropriate in their proposed location in their relationships to each other and in their relationships with uses and activities on adjacent and nearby properties.
(b) The PUD shall comply with applicable city plans and planning policies, and shall have a beneficial effect both upon the area of the city in which it is proposed to be established and upon the city as a whole;
(c) The total land area within the PUD, and the area devoted to each functional portion of the development, shall be adequate to serve its intended purpose;
(d) Streets, utilities, drainage facilities, recreation areas, building heights, and vehicular parking and loading facilities shall be appropriate for the particular use or uses involved, and should approximate the level of design, aesthetics and construction quality required of similar land development elsewhere in the City;
(e) Visual character and community amenities shall be equal or better in quality than that required by standard zoning districts for similar development;
(f) Open space and population density shall maintain a ratio appropriate for the type of development;
(g) Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee; (Ord. 1989-81. Passed 1-2-90.)
(h) In the cases of developments which are to be constructed in several units, all proposed units shall be shown on the overall development plan. The proposed construction of the individual units shall comply with the standards set forth in this Chapter in order that, if for any reason construction ceases prior to the completion of the entire planned unit development, the resulting partially complete project will adequately serve its purchasers and occupants and will not cause a general public problem.
(Ord. 2002-3. Passed 4-15-02.)
(Ord. 2002-3. Passed 4-15-02.)
1134.05 EFFECT OF THE PUD CLASSIFICATION.
(a) Upon the approval of land to PUD classification, the approved development plan, along with such requirements, safeguards, modifications or stipulations as may have been included by the Planning Commission in their approval action, shall be substantially complied with relative to the issuance of all building permits and zoning clearances by the City. Deviation from the approved development plan or failure to comply with any requirement, safeguard, modification or stipulation imposed by the City at the time of approval of the PUD classification shall constitute a violation of this Zoning Code.
(b) The Planning Commission shall have the right to require a performance bond in an amount Council deems necessary to insure compliance with provisions of this Chapter.
(Ord. 1989-81. Passed 1-2-90.)
1134.06 CHANGES IN THE DEVELOPMENT PLAN.
Any proposed significant change of an approved development plan shall be submitted and processed in the same manner as an original application for establishment of a PUD classification.
(Ord. 1989-81. Passed 1-2-90.)
1134.07 APPLICATION PROCEDURES.
(a) The application procedure shall consist of two phases. The first phase shall be referred to as the “Preliminary Application”, the second phase shall be referred to as the “Final Application”.
(b) The owner of a parcel of land shall make preliminary application to the Planning Commission for tentative approval of the PUD by submitting a tentative sketch plan. The tentative sketch plan shall contain the following information:
(1) Proposed units, accessory structures and uses;
(2) Proposed vehicular circulation;
(3) General location of open spaces;
(4) General location of utilities, easements and other service facilities;
(5) If the development is to be in stages, an indication as to the order and time of development.
(Ord. 2000-4. Passed 4-3-00.)
(Ord. 2000-4. Passed 4-3-00.)
1134.08 PRELIMINARY REVIEW AND APPROVAL PROCEDURES.
(a) The Planning Commission shall be the reviewing agency of the City.
(b) Upon receipt of the tentative sketch plan, the Planning Commission shall set a public hearing to take place not more than thirty-one days after receipt of the tentative sketch plan. The Planning Commission shall cause notice to be delivered to all abutting property owners of the proposed change in land use and shall include in said notice a copy of the tentative sketch plan. The applicant shall pay in advance the cost for mailing the tentative sketch plan to the abutting property owners. Within thirty-one days after the public hearing, the Planning Commission shall review the proposal and advise the applicant in writing as to the following:
(1) Whether the proposal fails to meet the standards or objectives sets forth in this chapter;
A. In the event the proposal fails to meet the standards, identification of those standards or objectives to which the plan does not conform together with any recommendations which will bring the plan into compliance with the standards and objectives;
B. In the event the proposal meets the standards and objectives set forth in this chapter, the application shall be considered a final application and the Planning Commission shall proceed pursuant to Section 1134.10(b).
(2) Any additional data or information deemed necessary or appropriate by the planning Commission.
(c) The written notification required herein shall be delivered to the applicant either in person or by regular U.S. mail.
(Ord. 2000-4. Passed 4-3-00.)
(Ord. 2000-4. Passed 4-3-00.)
1134.09 FINAL REVIEW AND APPROVAL PROCEDURES.
Upon receipt of written notification, the applicant may file for final approval of the PUD. This application shall include the following:
(a) A legal description of the property and survey included with the proposed plan, together with a current attorney's opinion showing the state of the title to the land in question;
(b) Three complete sets of development plans, one of which shall be brown line reproducible copy showing the following:
(1) A site plan showing the use relationship of all structures to each other, open space relationships and other facilities intended to serve the development;
(2) A tabulation of the site plan indicating the percentage of total land area occupied by buildings, streets, driveways, sidewalks, recreation areas and landscaped area, if any;
(3) Landscape plan shall indicate proposed topographic changes, preferable to two foot contour intervals;
(4) Vehicular and pedestrian access patterns such as curb cuts, driving lanes and pedestrian walks;
(5) Copies of all proposed easements and dedications;
(6) Schedule of proposed development and construction.
(Ord. 1989-81. Passed 1-2-90.)
1134.10 FINAL APPLICATION.
(a) The applicant shall within ninety days after receipt of the written notification set forth in Section 1134.08 submit a final application which shall be in compliance with all standards or objectives identified in the written notice.
(b) Within thirty days after receipt of final application, the Planning Commission shall certify its recommendation to Council that the application may be granted as requested, not granted, or granted with specific amendment.
(c) Upon receipt of the recommendation of the Planning Commission, Council shall schedule a public hearing. Such public hearing shall be held not earlier than fifteen days following certification from the Planning Commission. The Clerk of Council shall cause a notice of the public hearing to be published one time in a newspaper of general circulation within the municipality, such publication to be made at least seven days prior to the date of the public hearing. When the final application involves ten or less parcels of land as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council by certified mail with return receipt at least seven days before the date of the public hearing to the owners of the property within, contiguous to, and directly across the street from the affected parcel or parcels. Such notices shall be sent to the addresses of owners appearing on the County Auditor’s tax list or such other list as may be required by Council. The failure to send or delivery of the notice shall not invalidate any Ordinance or Resolution.
(Ord. 2000-4. Passed 4-3-00.)
(Ord. 2000-4. Passed 4-3-00.)
1134.11 FEES.
The applicant shall pay the following fees:
(a) Two hundred fifty dollars ($250.00) upon submission of the tentative sketch plan;
(b) Two hundred fifty dollars ($250.00) upon submission for final review and approval;
(c) One hundred dollars ($100.00) upon final application.
(Ord. 2002-3. Passed 4-15-02.)