[Ord. No. 738,
passed 2-22-2010]
(a)
It shall be the policy of the City of Coldwater to promote the progressive
development of land and construction thereon by encouraging planned
unit developments to achieve:
(1)
A maximum choice of living environments by allowing a variety
of housing and building types and permitting an increased density
per acre and a reduction in lot dimensions, yards, building setbacks
and area requirements.
(2)
A more useful pattern of open space and recreation areas and,
if permitted as part of a project, more convenience in the location
of accessory commercial uses and services.
(3)
A development pattern which preserves and utilizes natural topography
and geologic features, scenic vistas, trees and other vegetation,
and which prevents the disruption of natural drainage patterns.
(4)
A more efficient use of land than is generally achieved through
conventional development resulting in substantial savings through
shorter utilities and streets.
(5)
A development pattern in harmony with land use density, transportation
facilities and community facilities objectives of the City's
Master Plan.
(b)
The City is also prepared to accept a greater population density
in undeveloped areas than that reflected by present zoning, provided
that the developer can demonstrate that any increment of public cost
clearly attributable to increased densities will be compensated for
by the private amenities and public benefits to be achieved by the
plan of development.
[Ord. No. 738,
passed 2-22-2010]
Because of the special characteristics of planned unit developments,
special provisions governing the development of land for this purpose
are required. Whenever there is a conflict or difference between the
provisions of this chapter and those of the other chapters of this
Zoning Code, the provisions of this chapter shall prevail. Subjects
not covered by this chapter shall be governed by the respective provisions
found elsewhere in this Zoning Code.
[Ord. No. 738,
passed 2-22-2010]
Upon approval by the Planning Commission and the City Council,
a Planned Unit Development District may be applied to any existing
zoning District. Upon approval of a final development plan, the Official
Zoning Map shall be annotated for the land area involved so that the
district name includes the notation "PUD". Planned Unit Development
Districts shall be approved by the Planning Commission and the City
Council in the manner provided herein.
[Ord. No. 738,
passed 2-22-2010]
(a)
Compatible residential, commercial and public uses may be combined
in PUD districts provided that the proposed location of the commercial
uses will not adversely affect adjacent property and/or the public
health, safety and general welfare. Building site area and other setback
requirements of the zoning districts shall apply, except as modified
in this chapter.
(b)
The amount of land devoted to commercial use in a combined residential-commercial
development shall be determined by the Planning Commission and subject
to final approval by the City Council.
[Ord. No. 738,
passed 2-22-2010]
The gross area of a tract of land to be developed in a Planned
Unit Development District shall be a minimum of 10 acres. In certain
cases, smaller parcels may be considered, provided that they meet
the requirements of this chapter. Provisions for smaller parcels are
described further in Section 1282.27.
[Ord. No. 738,
passed 2-22-2010]
The project land may be owned, leased or controlled either by
a single person or corporation or by a group of individuals or corporations.
Such ownership may be by a public or private corporation.
[Ord. No. 738,
passed 2-22-2010]
A minimum of 20% of the land developed in any planned unit development
project shall be reserved as common open space for the users of the
area being developed.
[Ord. No. 738,
passed 2-22-2010]
(a)
The required amount of common open space land reserved under a planned
unit development shall either be held in corporate ownership by owners
of the project area, for the use of each owner who buys property within
the development, or be dedicated to the City and retained as common
open space for parks, recreation and related uses. All land dedicated
to the City must meet the Planning Commission's requirements
as to size, shape and location. Public utility easements and similar
easements and rights-of-way for watercourses and other similar channels
are not acceptable for common open space dedication to the City, unless
such land or right-of-way is usable as a trail or other similar purpose
and is approved by the Planning Commission. The City retains the right
to refuse any open space for dedication.
(b)
The responsibility for the maintenance of all open spaces shall be
specified by the developer before approval of the final development
plan.
[Ord. No. 738,
passed 2-22-2010]
Underground utilities, including telephone and electrical systems,
are required within the limits of all planned unit developments. Appurtenances
to these systems, which can be effectively screened, may be excepted
from this requirement if the Planning Commission finds that such exemption
will not violate the intent or character of the proposed planned unit
development.
[Ord. No. 738,
passed 2-22-2010]
(a)
In platted area or site condominium projects, the building site area
per dwelling unit may be reduced by not more than 40% of the minimum
building site area (also known as "Minimum Lot Area") required in
the Schedule of Regulations (Appendix A), for each zoning district.
(b)
Building site widths may be varied to allow for a variety of structural
designs. It is also recommended that setbacks be varied.
(c)
The density may not exceed 130% of that which is permitted in the
existing zoning district.
[Ord. No. 738,
passed 2-22-2010]
Every property developed under the planned unit development
approach should be designed to abut upon common open space or similar
areas. A clustering of dwellings is encouraged. In areas where townhouses
are used, there shall be no more than eight townhouse units in any
contiguous group.
[Ord. No. 738,
passed 2-22-2010]
For each foot of building height over the maximum height regulations,
the distance between such building and the side and rear property
lines of the planned unit development project area shall be increased
by a one-foot addition to the side and rear yard required in the district.
[Ord. No. 738,
passed 2-22-2010]
Off-street parking, loading and service areas shall be provided
in accordance with this Zoning Code. However, off-street parking lots
and loading areas shall not be permitted within 15 feet of any residential
use.
[Ord. No. 738,
passed 2-22-2010]
Notwithstanding the provisions of this chapter, every building
site abutting the perimeter of a Planned Unit Development District
shall maintain all setback requirements for the applicable conventional
zoning district.
[Ord. No. 738,
passed 2-22-2010]
(a)
When Planned Unit Development Districts include commercial uses,
commercial buildings and establishments shall be planned as groups
having common parking areas and common ingress and egress points in
order to reduce the number of potential accident locations at intersections
with thoroughfares. Planting screens or fences shall be provided on
the perimeter of the commercial areas abutting residential areas.
(b)
The plan of the project shall provide for the integrated and harmonious
design of buildings and for adequate and properly arranged facilities
for internal traffic circulation, landscaping and such other features
and facilities as may be necessary to make the project attractive
and efficient from the standpoint of the adjoining and surrounding
noncommercial areas.
(c)
All areas designed for future expansion, or not intended for immediate
improvement or development, shall be landscaped or otherwise maintained
in a neat and orderly manner as specified in this Zoning Code.
[Ord. No. 738,
passed 2-22-2010]
The developer shall meet with the City/Board of Public Utilities
Engineering, the City Planner and the Planning Commission prior to
the submission of the preliminary development plan. The purpose of
this meeting is to discuss, early and informally, the purpose and
effect of this chapter and the criteria and standards contained herein
and to familiarize the developer with the policies contained in the
City's Comprehensive Development Plan.
[Ord. No. 738,
passed 2-22-2010]
(a)
Fifteen copies of an application for preliminary planned unit development
shall be filed with the City Planner by at least one owner or lessee
of property for which the planned unit development is proposed. At
a minimum, the application shall contain the following information,
submitted with 15 copies thereof:
(1)
Name, address and phone number of the applicant.
(2)
Name, address and phone number of the registered surveyor, the
registered engineer and/or the site designer assisting in the preparation
of the preliminary development plan.
(3)
Legal description of the property.
(4)
Description of the existing use.
(5)
Zoning district(s).
(6)
Vicinity map, at a scale approved by the Planning Commission,
showing property lines, streets, existing and proposed zoning and
such other items as the Planning Commission may require to show the
relationship of the planned unit development to the land use and other
community facilities and services.
(7)
Preliminary development plan, at a scale approved by the Planning
Commission, showing topography at two-foot intervals; location and
type of residential, commercial and industrial land uses; layout,
dimensions and names of existing and proposed streets, rights-of-way,
utility easements, parks and community spaces; layout and dimensions
of lots and building setback lines; preliminary improvements drawings,
showing water, sewer, drainage, electricity, telephone and natural
gas; and such other characteristics as the Planning Commission deems
necessary.
(8)
Proposed schedule for the development of the site.
(9)
Evidence that the applicant has sufficient control over the
land in question to initiate the proposed development plan within
two years.
(b)
The application for preliminary planned unit development shall be
accompanied by a written statement by the developer setting forth
the reasons why the planned unit development would be in the public
interest and would be consistent with the City's statement of
objectives for planned unit developments.
[Ord. No. 738,
passed 2-22-2010]
[Ord. No. 738,
passed 2-22-2010]
Within 30 days after the public hearing, the Planning Commission
shall review the preliminary development plan to determine if it is
consistent with the intent and purpose of this Zoning Code; whether
the proposed development advances the general welfare of the community
and neighborhood; and whether the benefits, combination of various
land uses, and the interrelationship with the land uses in the surrounding
area, justify the deviation from standard district regulations. The
Commission's approval in principle of the preliminary development
plan shall be necessary before an applicant may submit a final development
plan. Approval in principal shall not be construed to endorse a precise
location of uses, configuration of parcels or engineering feasibility.
[Ord. No. 738,
passed 2-22-2010]
After approval in principle of the preliminary development plan,
the developer shall submit a final development plan to the Planning
Commission. The final development plan shall be in general conformance
with the preliminary development plan approved in principle. Fifteen
copies of the final development plan shall be submitted.
[Ord. No. 738,
passed 2-22-2010]
An application for approval of the final development plan shall
be filed with the City Clerk by at least one owner or lessee of property
for which the planned unit development is proposed. Each application
shall be signed by the owner or lessee, attesting to the truth and
exactness of all information supplied on the application for approval
of a final development plan. Each application shall clearly state
that the approval shall expire and may be revoked if construction
on the project has not begun within two years from the date of issuance
of the approval. At a minimum, the application shall contain the following
information:
(a)
A survey of the proposed development site, showing the dimensions
and bearings of the property lines, the area in acres, the topography
and existing features of the development site, including major wooded
areas, structures, streets, easements, utility lines and land uses.
(b)
All the information required on the preliminary development plan;
the location and sizes of lots; the location and proposed density
of dwelling units, nonresidential building intensity and land use
considered suitable for adjacent properties.
(c)
A schedule for the development of units to be constructed in progression
and a description of the design principles for buildings and streetscapes;
a tabulation of the number of acres in the proposed project for various
uses, the number of dwelling units proposed by type and the estimated
residential population by type of dwelling; the estimated nonresidential
population (employees); the anticipated timing of construction for
each unit; and standards for height, open space, building density,
parking areas, population density and public improvements proposed
for each unit.
(d)
Engineering feasibility studies and plans showing, as necessary,
water, sewer, drainage, electricity, telephone and natural gas installations;
waste disposal facilities; street improvements; and the nature and
extent of the earthwork required for site preparation and development.
(e)
A site plan, showing building(s), various functional use areas and
circulation and their relationship.
(f)
Preliminary building plans, including floor plans and exterior elevations.
(g)
Landscaping plans.
(h)
Deed restrictions, protective covenants and other legal statements
or devices to be used to control the use, development and maintenance
of the land and the improvements thereon, including those areas, which
are to be commonly owned and maintained.
[Ord. No. 738,
passed 2-22-2010]
Within 30 days after receipt of the final development plan,
the Planning Commission shall recommend to the City Council that the
final development plan be approved as presented, approved with supplementary
conditions or disapproved. The Planning Commission shall then transmit
all papers, constituting the record and the recommendations to the
City Council.
[Ord. No. 738,
passed 2-22-2010]
Before making its recommendation, the Planning Commission shall
find that the facts submitted with the application and presented at
the public hearing establish that:
(a)
The proposed development can be initiated within two years of the
date of approval.
(b)
Each individual unit of the development, as well as the total development,
can exist as an independent unit capable of creating an environment
of sustained desirability and stability or that adequate assurance
will be provided that such objective will be attained; and that the
uses proposed will not be detrimental to present and potential surrounding
uses, but will have a beneficial effect which could be achieved under
standard district regulations.
(c)
The streets and thoroughfares proposed are suitable and adequate
to carry anticipated traffic, and that increased densities will not
generate traffic in such amounts as to overload the street network
outside the planned unit development.
(d)
Any proposed commercial development can be justified at the locations
proposed.
(e)
Any variance from standard district requirements is warranted by
the design and other amenities incorporated in the final development
plan, in accordance with the planned unit development and the adopted
policy of the Planning Commission and the City Council.
(f)
The area surrounding said development can be planned and zoned in
coordination and substantial compatibility with the proposed development.
(g)
The planned unit development is in general conformance with the Master
Plan.
(h)
The existing and proposed utility services are adequate for the population
densities and nonresidential uses proposed.
[Ord. No. 738,
passed 2-22-2010]
Within 60 days after receipt of the final recommendation of
the Planning Commission, the City Council shall either approve, approve
with supplementary conditions or disapprove the application as presented.
If the application is either approved or approved with conditions,
the Building Inspector shall issue building permits only in accordance
with the approved final development plan and the supplementary conditions
attached thereto. Furthermore, approval of a Planned Unit Development
by the City Council is an amendment to the Zoning Code and must follow
the procedure for adoption described in Section 1260.02.
[Ord. No. 738,
passed 2-22-2010]
In approving any Planned Unit Development District, the City
Council may prescribe appropriate conditions and safeguards, such
as performance bonds or escrow accounts, in conformity with this Zoning
Code. A violation of such conditions or safeguards, when made a part
of the terms under which the final development plan is approved, shall
be deemed a violation of this Zoning Code.
[Ord. No. 738,
passed 2-22-2010]
(a)
The approval of a final development plan for a Planned Unit Development
District shall be for a period not to exceed two years to allow for
the preparation and recording of the required plat and the development
of the project. If no construction has begun within two years after
approval is granted, the approved final development plan shall be
void and the land shall revert to the regulations governing the district
in which it is located. An extension of the time limit may be approved
if the Planning Commission finds that such extension is not in conflict
with the public interest. If the project is approved in phases, each
individual phase does not need further approval providing construction
has started within two years of the approved construction date.
(b)
Any modification from the approved final development plan may be
approved if the Planning Commission finds that such modification is
not in conflict with the public interest. Any proposed modification
will require a public hearing, subject to the requirements listed
in Section 1282.18.
(c)
No zoning amendment passed during the time period granted for the
approved final development plan shall in any way affect the terms
under which approval of the planned unit development was granted.
[Ord. No. 738,
passed 2-22-2010]
(a)
On parcels less than 10 acres, the PUD provision may be utilized.
The purpose of this provision is to encourage innovative residential
development on small, irregularly shaped parcels that have limited
potential for platting. The development shall be limited to single-family
or two-family dwellings, and the density of dwelling units shall not
exceed that which is permitted by the existing zoning district. A
parcel under consideration for this cluster housing provision shall
have a minimum frontage of 66 feet on a public street.
(b)
The developer shall have a pre-application meeting as specified in
Section 1282.16 of this chapter. The developer shall submit an application,
the contents of which are specified in this chapter. The Planning
Commission shall hold one public hearing and recommend to the City
Council approval, approval with conditions or denial of the application
within 30 days of the review. Criteria for the Planning Commission's
recommendation shall be as follows:
(1)
The area surrounding said development can be planned and developed
in coordination and substantial compatibility with the proposed development;
(2)
The planned development is in general conformance with the Master
Plan for the City; and
(3)
The planned development will not generate traffic in such amounts
as to have a significant negative impact on adjacent properties.
(c)
Within 60 days of receipt of the recommendation of the Planning Commission,
the City Council shall approve, approve with conditions or deny the
application. Supplementary conditions and safeguards may also apply.
