[2024-62 New Chapter 1157 Zoning Code Planned Development Exhibit A.pdf] CHAPTER 1157 Planned Development 1157.01 Intent. 1157.02 Location of Planned Developments. 1157.03 Standards for review of a preliminary PD plan. 1157.04 Planned Developments. 1157.05 Design principles. 1157.06 Deviations from other regulations. 1157.07 Performance and maintenance bonds. 1157.01 INTENT. A. Planned Development (PD) zoning is intended to encourage orderly development and redevelopment of property zoned One Family Residence or Residential Office District, while allowing more flexibility and creativity in design to achieve high quality, integrated site planning not otherwise possible under the constraints of normal zoning requirements. Planned Developments are intended to permit a more flexible approach to land use control and to promote development that is innovative, integrated with surrounding uses, and shows sensitivity to cultural, environmental, and economic considerations. B. Planned Development Zoning is intended to encourage development property zoned One Family Residence or Residential Office District which is consistent with the Master Plan, including more compact development, pedestrian-friendly site design, urban street character, variety of housing typology, energy-efficient design, industry best practices, and accommodation of a range of compatible land uses through appropriate site design. PDs are intended to permit a more flexible approach to land use control and to promote innovation and diversity of housing types. C. A Planned Development encourages the development of compact, pedestrian-scaled, neighborhoods while providing greater efficiencies in use of infrastructure. It is intended to help advance revitalization initiatives and recognize the market demand for new residential development within compact, pedestrian friendly districts. D. A PD should utilize the following characteristics to the greatest possible extent which shall be considered in the approval process: 1. Designs that reflect the Master Plan and that offer types or densities of development that are not available under the other Sections of this Code. EXHIBIT A 2. Designs that utilize a creative approach to achieve better urban design, efficiencies in use of land and infrastructure, and the provision of aesthetic amenities. 3. Designs that provide appropriate buffers and transitions between areas with differing land uses and development densities. 4. Designs that maintain or enhance the appearance of neighborhoods by exemplifying high quality architectural design. 5. Designs that are intended to encourage flexibility, innovation, and creativity in site and development design by allowing the mixing of permitted uses and/or modification and variation from otherwise applicable zoning district and development standards. 6. Designs that incorporate greater variety in housing types than traditionally found in established zoning districts. 1157.02 LOCATION OF PLANNED DEVELOPMENTS. A. Any parcel or assemblage of parcels that is zoned One Family Residence or Residential Office District, and is greater than 75,000 square feet in area may be rezoned to PD. Past use of the site and the zoning of abutting properties shall be considered as part of the approval process. B. In conjunction with the review and approval of a Planned Development a zoning map amendment pursuant to Chapter 1133 shall also be presented and considered for adoption. Upon approval of a Planned Development, It shall result in the creation of a new site-specific zoning district with specific requirements and standards that are unique to that PD, and which shall be considered for adoption as a zoned district pursuant to Chapter 1133. C. Grouping of uses permitted in other districts to create developments of compatible and mutually supportive activities is encouraged provided there are adequate buffers to adjacent properties of differing uses. 1157.03 STANDARDS FOR REVIEW OF A PRELIMINARY PD PLAN. An application for approval of a Preliminary PD Plan, together with submitted plans and reports, shall be reviewed in the same manner as set forth in Chapter 1126 “Development Plan Review”, and remain subject to the notification and hearing requirements set forth in Charter Article IV, Section 14, and Charter Article VII, Sections 2(b) and 2(d). The Preliminary PD plan shall be reviewed for its conformance with the following standards: A. The proposed PD should contain uses that are sensitive to the abutting land uses and to the zoning designation which the PD is replacing. Mixed residential use within the planned development or within the same structure located in the PD is encouraged where appropriate; B. The proposed PD shall comply with the subdivision requirements as set forth in Chapter 1101 of this Code, except to the extent modifications, variances, or waivers have been expressly allowed pursuant to paragraph (d) below; C. The proposed PD should be integrated with adjacent development through street connections, sidewalks, trails, and similar features where appropriate; D. The One Family Residence or Residential Office District development standards, and subdivision standards (such as lot size, floor area, building height, setbacks, etc.) may be modified or varied upon a finding that the proposed PD meets the intent set forth in section 1157.01; E. The proposed PD shall incorporate Design Principles pursuant to Section 1157.05 where appropriate. 1157.04 PLANNED DEVELOPMENTS. A. Consolidation with Subdivision Approval. Review and approval of Preliminary or Final PD Plans shall not proceed absent submission of required subdivision applications pursuant to Chapter 1101. The applicant shall consolidate an application for Preliminary PD Plan approval with an application for subdivision plat approval, pursuant to Chapter 1101, and shall consolidate an application for Final PD Plan approval with an application for final subdivision plat approval. Such consolidated application shall be submitted in a form that satisfies both the PD requirements of this Code and the provisions, including submittal requirements, of Chapter 1101. The time frame and approval process for the consolidated PD/subdivision application shall not exceed thirty (30) days absent Applicant’s consent, on the record, to extension of time and waiver of all conflicting time limitations imposed by law. The plat included as part of an approved Final PD Plan shall be recorded as the final subdivision plat. B. Procedures for Approval of a Preliminary PD Plan. Planned Developments, similar to subdivisions, are first approved in preliminary form, and then approved in final form. C. Preliminary PD Plan: 1. Pre-application review meeting. A pre-application review meeting with the Director of Economic and Community Development shall be mandatory prior to submitting an application for approval of a Preliminary PD Plan. 2. The Planning and Design Commission shall review all applications for Preliminary PD Plans and make a recommendation to the City Council to approve, approve with conditions, or deny the application based on compliance with Section 1157.01 of this Code. If the Planning and Design Commission recommends approval of an application with conditions, the applicant shall resubmit a revised preliminary PD Plan that reflects the changes or modifications required or suggested by the Commission in its initial review. The Planning and Design Commission may table its conditional approval pending resubmission of an amended Preliminary PD Plan upon Applicant’s consent, on the record, to extension of time and waiver of all conflicting time limitations imposed by law. 3. A Preliminary PD plan that has previously received Preliminary PD Plan approval may proceed with Final PD Plan approval. D. Procedures for Approval of a Final PD Plan. 1. A Preliminary PD plan that has previously received Preliminary PD Plan approval may be submitted for Final PD Plan approval. 2. A Final PD Plan shall and must include the entire area covered by the Preliminary PD Plan, notwithstanding any proposal for a phase or phases of the Preliminary PD Plan. Only Final PD Approval may be advanced for purposes of obtaining building permits and being constructed. 3. The Planning and Design Commission shall be to review any application for Final PD Plan approval and make a recommendation to the City Council to approve, approve with conditions, or deny the application based on its compliance with Section 1157.03 of this Code. Such review and approval shall be heard and decided within thirty (30) days unless Applicant consents, on the record, to extension of time and waiver of all conflicting time limitations imposed by law 4. If the Planning and Design Commission recommends approval of an Final PD Plan application with conditions, the applicant shall resubmit a revised Final PD Plan that reflects the changes or modifications required or suggested by the Commission in its initial review. The Planning and Design Commission may table its conditional approval pending resubmission of an amended Final PD Plan upon Applicant’s consent, on the record, to extension of time and waiver of all conflicting time limitations imposed by law . 5. Upon receipt of: i. The approved Final PD Plan recommended by Planning & Design Commission, and ii. An approved lot split, lot consolidation plat, or subdivision plat signed by the Chairman of the Planning & Design Commission, then the Final PD Plan and plat shall be forwarded to Council along with the Commission's recommendation for approval. iii. Council shall, unless the Applicant otherwise consents, approve or disapprove the Final PD Plan within thirty (30) forty-five (45) days from the date received by Council. iv. When the Final PD Plan is approved: 1. The plat shall be recorded by the Applicant upon the City Engineer’s review and approval; 2. Applicable building permits may be applied for and issued; and 3. Construction shall begin within six (6) months of issuance of the permits referred to in subparagraph (d)(5)D.2. herein. E. Street Acceptance. Where streets are to be dedicated to public use, upon approval of all improvements by the Engineer, and upon submission of required Dedication Plats, the developer shall file a certificate and opinion of title, a guarantee of title or a title insurance policy in the amount of the market value of the property but not less than $1,000.00 with the Law Director showing the title to the street(s) in the PD to be good in the City for street purposes and to be free and clear of all liens and encumbrances whatsoever. The Dedication plat shall then be presented to Council for acceptance and confirmation of the dedication of such street(s). F. Recording. The Dedication plat shall be filed and recorded in the offices of the County Auditor and County Recorder by an authorized representative of the City within thirty (30) days after final approval. G. Fees. A review and recording fee, established pursuant to Section 1101.05 shall be included with the application. H. Notice Procedures. Where a PD is requested, notice of the Planning and Design Commission meeting shall be sent to the independent record title holder of affected properties pursuant to Section 149.02 and pursuant to Charter Article IV, Section 14. I. Effect of Approvals. 1. Effect of approval of a Preliminary PD Plan. i. An approved Preliminary PD Plan shall be valid for a period of twelve (12) months from the date of the Commission's action. At the applicant’s request, an approval extension may be granted at the discretion of the Director of Planning and Development subject however to notification of Council. ii. Application for approval of a Final PD Plan for all or any phase of the Preliminary PD Plan may be made at any time within the twelve (12) month period following the Commission's approval of the Preliminary PD Plan. An approved application for a Final PD Plan shall bind the Applicant to the approved Preliminary PD Plan. If the original or any successive twelve (12) month period expires before a completed application for a Final PD Plan approval is submitted, the Preliminary PD Plan approval shall automatically lapse and be null and void and all of the properties included in the preliminary plan for which Final PD Plan approval has not been given shall be subject to the zoning and subdivision regulations otherwise applicable to them. iii. During the period an approved Preliminary PD Plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the applicant to proceed with any aspect of the approved development in accordance with the terms of such Preliminary PD Plan approval, except that the applicant shall comply with those local laws and regulations adopted subsequent to the approval of such Preliminary PD Plan if the Commission determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety, or welfare. 2. Effect of approval of a Final PD Plan. i. An approved Final PD Plan shall be valid for a period of four (4) years from the date City Council approves the rezoning. ii. During the period an approved Final PD Plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the applicant to proceed with any aspect of the approved development in accordance with the terms of such Final PD Plan approval, except that the applicant shall comply with those local laws and regulations adopted subsequent to the approval of such Final PD Plan if the Commission determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety, or welfare. 3. Within the four (4) year period or upon the commencement of improvements, whichever comes sooner, the developer/owner shall: i. Submit the plat portion of the Final PD Plan as the final subdivision plat for recording by the City surveyor, Chapter 1101 notwithstanding; and ii. Undertake substantial construction of at least the first approved phase of the PD development. iii. If these actions are not completed within the four (4) year time period, such Final PD Plan shall automatically lapse and become null and void. J. Applications for Preliminary and Final PD Plans shall be submitted to the Director of Economic and Development upon such forms as approved by the City. K. Amendments to Final PD Plan. 1. Plan amendments may be approved by the Economic and Community Development Director, subject to the recommendation of the Planning & Design Commission, and only upon the final approval of Council, based upon determining that the proposed revision (s) will not alter the basic design and character of the development plan, nor any specified conditions imposed as part of the original approval. Plan amendments include the following. i. Reduction in size of any building and/or other structures. ii. Movement of buildings or other structures by no more than ten (10) feet. iii. Landscaping approved on the development plan that is replaced by similar landscaping to an equal or greater extent. iv. Changes in building materials to a comparable or higher quality material. v. Internal re-arrangement of a parking lot that does not affect the number of parking spaces or alter access locations or design. vi. Changes related to Subsections i-v above, required or requested by the City or County, State, or federal regulatory agency in order to conform to other laws or regulations, provided such changes do not alter the basic design and character of the plan, nor any specified conditions imposed as part of the original approval. 1157.05 DESIGN PRINCIPLES. The following Design Principles provide certain guidelines, as noted, in the design preparation of a Preliminary PD Plan. A. Building and Site Design. 1. Wherever feasible, buildings shall be designed to provide massing configurations with a variety of different wall planes. Plain, monolithic structures with long walls and roof plane surfaces are discouraged. 2. Building facades should incorporate design elements such as changes in color or texture; projections, recesses, and reveals; or equivalent elements that subdivide the wall into human scale proportions. Blank facades are highly discouraged on walls facing streets or pedestrian ways. 3. Commercial Building facades shall have highly visible customer entrances that feature canopies, overhangs, arcades, distinctive roof forms, arches, display windows, or landscaped features. Primary entrances should face streets on which they are located. B. Vehicular Circulation and Access. 1. Circulation systems shall be designed to efficiently facilitate traffic flow, yet designed to discourage speeds and volumes that impede pedestrian activity and safety. 2. Common or shared access points are encouraged. 3. For Commercial Buildings, to the maximum extent feasible, common or shared service and delivery access shall be provided between adjacent parcels or buildings, and provided to the rear of buildings. 4. Safe and adequate site distances shall be provided at all intersections. C. Pedestrian Access and Circulation. 1. A coordinated pedestrian system shall be provided throughout the PD, including connections between uses on the site, and between the site and adjacent properties and rights-of-way where feasible. 2. For Commercial Buildings, continuous sidewalks or other pedestrian facilities shall be provided between the primary entrances to buildings, all parking areas that serve the buildings, and any public sidewalk along perimeter streets. D. Parking. 1. Adequate parking shall be provided, but excessive parking is discouraged. The standards contained in Chapter 1143 shall be used as a guide, but those standards may be modified without the need for a variance based upon other considerations as determined by the Planning and Design Commission, and a finding by the Commission that the modified parking standards would comply with the provisions of the Code and the intent of the PD. E. Streetscape Improvements. 1. A Streetscape Plan may be requested by the Director of Economic and Community Development for mixed-use and/or commercial PD applications. The Streetscape Plan shall address the relationship between vehicular and pedestrian traffic, pedestrian facilities, street and sidewalk lighting, landscaping, street furniture, trash receptacles, and transit stops. 2. Vehicular streets shall be designed to be compatible with pedestrian ways to encourage a pedestrian friendly environment. The width of streets shall be sensitive to pedestrian scale, and shall be minimized to avoid overwhelming that pedestrian scale while allowing for efficient vehicular traffic flow. F. Service Area and Mechanical Screening. 1. The location of service areas and mechanical equipment shall be considered as part of the overall site design. 2. Service areas and mechanical equipment shall be screened from public view. G. Signage. 1. A master sign plan may be requested by the Director of Economic and Community Development for mixed-use and/or commercial PD applications. The master sign plan shall illustrate the location, type, size, and materials of all signage, pursuant to Chapter 1163 and comply with all regulations therein. H. Lighting. 1. A lighting plan, including a photometric illustration, may be requested by the Director of Planning and Community Development. 2. Lighting shall be designed to avoid spillover onto adjacent properties through the use of cutoff shields or other similar features. I. Urban Open Space. 1. Common open space (whether dedicated to public use or owned and maintained in common by the owner or owners) shall be reserved for the leisure and recreational use of all the project's occupants and readily accessible thereto. J. Amenities. 1. PDs with residential uses should provide on-site amenities within the site open space. These amenities may include but are not limited to: pocket parks, seating areas, courtyards, play equipment, picnic shelter/barbecue area, or recreation facilities. 1157.06 DEVIATIONS FROM OTHER REGULATIONS. A. The Planning and Design Commission may approve deviations from other applicable regulations of this Code controlling development within a PD, provided that the Commission shall find that such deviation shall be solely for the purpose of promoting an integrated site plan and would be consistent with the Master Plan. B. Additional standards specific to a PD. 1. Unified ownership. The entire tract or parcel of land to be occupied by the proposed development shall be held in single ownership, or if there are two (2) or more owners, the application for such proposed development shall be filed jointly by all such owners. This requirement shall ensure that the property is developed as a unified whole. 2. Site design. The location, configuration, construction, manner and time of operation of off-street parking and loading areas, service areas, circulation systems, entrances, exits, open space, amenities, lighting, or other potentially detrimental influences shall be designed to avoid adverse effects on: i. Residential uses within or adjoining the development; ii. Traffic congestion; and vehicular or pedestrian traffic. 3. Utilities. The proposed development shall provide, if possible, for underground installation of utilities (including electricity and telephone) within both public ways and private extensions thereof. Provisions also shall be made for acceptable design and construction of storm water facilities including grading, gutter, piping, and treatment of turf and maintenance of facilities. Stormwater facilities shall be designed and constructed in compliance with Ohio Environmental Protection Agency regulations and local ordinances. 1157.07 PERFORMANCE AND MAINTENANCE BONDS. A. For all PDs, the City shall require a performance bond equal to the total cost of the improvements to be completed. Such bond shall set forth the City as the beneficiary and shall be issued by a reputable and solvent bonding company, licensed to do business in Ohio and shall be deposited with and retained by the City until all improvements are constructed to the satisfaction of the Engineer (for public improvements) and the Building Commissioner (for private improvements). The City may waive such performance bond requirement if there is a Development Agreement with the City, which governs such security provisions. B. After the public improvements are completed and accepted by the Engineer, the Engineer may require the developer to provide the City with a two (2) year maintenance bond of at least ten percent (10%) of the approved estimated cost of construction. The developer shall complete the construction or repairs of all improvements within two (2) years from the date of permission to proceed. Otherwise, the City shall have the right to use the performance bond money to complete the improvements. Council may extend the aforesaid two (2) year period for good cause. --- [2024-62 New Chapter 1157 Zoning Code Planned Development.pdf] CITY OF NORTH OLMSTED ORDINANCE NO. 2024 - 62 By: Mayor Jones AN ORDINANCE CREATING AND ADOPTING NEW CHAPTER 1157 OF THE NORTH OLMSTED ZONING CODE ENTITLED “PLANNED DEVELOPMENT” TO ESTABLISH A NEW ZONING DISTRICT AND TO REGULATE DEVELOPMENT PLANS FOR THE CONSTRUCTION OF NEW RESIDENTIAL HOUSING. WHEREAS, the Director of Economic and Community Development recommends that this Council consider and adopt new Chapter 1157, entitled “Planned Development” in order to establish a new zoning district and to regulate the review of new residential housing developments; and WHEREAS, the City of North Olmsted owns and has solicited proposals from prospective purchasers to redevelop the former Forest Elementary School property, located in a Residential District, north of Lorain Road and east of Stearns Road; and WHEREAS, the Director of Economic and Community Development recommends that this Council consider creation of a Planned Development District in order to allow greater flexibility in the development of uniquely situated parcels of property and to accommodate anticipated development proposals for Forest School; and WHEREAS, following publication of newspaper notice in conformance with the provisions of Section 14 of Article IV of the Charter and Section 1127.03 of the Zoning Code, a public hearing was held on the _________ of ______, 2024; and WHEREAS, after careful consideration, the Planning and Design Commission of the City, on the ____ day of __________, 2024, by formal motion, recommended that this Ordinance adopting new Chapter 1157 of the Zoning Code, entitled “Planned Development” be (approved) (disapproved); and WHEREAS, it is the desire of this Council to accept the recommendation of the Director, the Planning and Design Commission to adopt a new Zoning District, entitled “Planned Development” as new Chapter 1157 of Planning and Zoning Code as set forth in the Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: 2 SECTION 1: That Chapter 1157 of the Zoning Code of the City of North, which reads in its entirety as attached in Exhibit A, shall be and is hereby established, adopted and enacted, as attached in Exhibit A. SECTION 2: Any other Ordinance, or part of Ordinance, which is inconsistent or in conflict with any of the provisions of this Ordinance is, to the extent of any such inconsistency or conflict, hereby repealed. SECTION 3: That this Ordinance shall take effect and be in force from and after the earliest period allowed by law as specified in the Charter of the City of North Olmsted. PASSED: ________________________ First Reading: _______________ Second Reading: _______________ Third Reading: _______________ Committee: __________________ ATTEST: _____________________________ __________________________ BEATRICE TAYLOR LOUIS J. BROSSARD Clerk of Council President of Council APPROVED: _____________________ APPROVED AS TO LEGAL FORM: _______________________________ /s/ Michael R. Gareau, Jr._________ MAYOR NICOLE DAILEY JONES MICHAEL R. GAREAU, JR. Director of Law
