PLANNED COMMUNITY DEVELOPMENT Page 2 - Government - http://maxpages.com/minnickward4/PLANNED_COMMUNIT_Y_DIST_PG

B.04 LAND PLANNING CRITERIA.
The following planning criteria are established to guide and control the planning, development and use of land in a PCD district:

A. Building Arrangements. The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage variety in the arrangement of the bulk and shape of buildings, open space and landscape features. Uses shall be arranged with open spaces so as to provide a unified composition of buildings and space.

Although latitude in design is provided and encouraged, the following design conditions shall be achieved:
1. Adjoining properties shall be protected from loss of light, air and view considering the proximity and bulk or shape of a neighboring building;
2. Usability and accessibility of open space within the development area shall be achieved through skillful planning and design;
3. Required yards and setbacks shall not be excessive so as to prevent the reasonable development of open land for landscaped features or other supporting uses;
4. The latitude in design shall apply to the planning of landscape features, such as walls, fences, hedges and other features, to create a variety of open space areas.

B. Local Circulation System. Each use shall be served by a street or drive, planned so as to exclude through traffic to the greatest extent possible. The vehicular circulation system and parking facilities shall be designed to fully accommodate the automobile and emergency vehicles with safety and efficiency without allowing it to dominate and destroy the form of the area.

Driveways for group developments and streets shall be connected to collector streets at locations where the traffic can be controlled and operated effectively with minimum interference to the capacity of the collector streets.

C. Topography and Site Appearance. It is a requirement of this chapter that developments shall be designed to take advantage of the topography of the land in order to utilize the natural contours, to economized in the construction of utilities, to reduce the amount of grading and to maximize the conservation of natural areas. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of buildings, open spaces, site features, and storm water management.

D. Unified Boundary. The design at the development area boundaries shall be unified with adjoining development. Within the development area, extensive parking areas, service areas and other features likely to have adverse effects on surrounding property shall be screened against viewing from outside the development. Screening shall also be provided against adverse views from within the development against lights, noise or other undesirable conditions in the surroundings.

E. Utilities. Underground utilities, including cable television, telephone and electrical systems, are required within the limits of a PCD and shall conform with the requirements set forth in Chapter 1228 of this Code.

B.05 MINIMUM DEVELOPMENT AREA.
The minimum area to qualify as a development area shall be not less than 200 contiguous acres. Contiguous property of less than 200 acres may be added to a previously established PCD District in accordance with the provisions of Chapter A. 14.

B.06 OPEN SPACE REQUIREMENTS

The configuration of open space area(s) shall be appropriate considering their proposed active or passive use as determined by the Planning Commission. Whenever possible, open space shall consist of interconnected areas throughout the development and shall be adjacent to, or accessible to, the maximum number of dwelling units practicable. The highest priority shall be given to including as open space those areas of the site which best preserve the natural landscape and/or unique natural features. Other open space areas shall be large enough to be suitable for the intended purposes of the area and shall otherwise comply with the following:

1. A minimum of twenty percent (20%) of the entire P.C.D. District shall be reserved in perpetuity for open space and recreational uses. If the open space and recreational uses are not held in common ownership by the PCD owners, then environmental easements shall be granted in perpetuity to each owner, specifying the manner of use and development restrictions for the open space.

2. In determining if the proposed open space is in compliance with this section, the Planning Commission shall consider the following criteria:
a. The open space should not solely include land areas merely because they have a shape or natural characteristics which make them unsuitable for conventional development.
b. The open space should not include private yards, streets, private drives, center island of streets, private parking areas, required setbacks between the project boundary lines and buildings or parking areas, minimum spacing between buildings, landscaping in parking, lots and areas required for accessory uses other than open space. c. The open space shall include retention or detention basins.

3. Prior to P.C.D. approval, the developer shall submit legal instruments describing the plan and methods for care and maintenance of the common open space and recreation facilities. The City Planning Commission 5 recommendation to approve shall be based on the following standards:
a. Instruments shall guarantee that open spaces shown on the final development plan shall remain as such.
b. Common open space and recreation areas, other than areas subject to environmental easements, shall be deed to a homeowners association.
c. Environmental easements and other restrictions of record shall be granted to each owner for those open space and recreational uses not under common ownership.
d. Costs for necessary legal instruments shall be paid by the developer.

4. Ownership. The type of ownership and land dedicated for common open space purposes shall be selected by the owner, developer or subdivider, subject to the approval of the City Planning Commission and City Council. Type of ownership may include, but is not necessarily limited to the following:
a. Homeowner or cooperative associations or organizations;
b. Shared, undivided interest by all property owners in the subdivision; or
c. Privately owned land subject to environmental easements or restrictive covenants.

5. If the open space is held in common by all of the residential planned community development property owners, all subdivision property owners shall be jointly and severally liable for the maintenance of the open spaces.

6. If such maintenance is not performed adequately, the Director of Service may, at his or her option, perform the necessary maintenance after serving a five day notice in the same manner as set forth in Section 660 of the General Offenses Code. The reasonable costs thereof shall be paid to the City and if not paid such costs shall be assessed. The City is not bound by such alternative and if the owner or owners fails to comply with the requirements that the common open spaces be maintained as required, an action at law by the City may be commenced against them for the purpose of enforcing compliance. If an action at law is required, at the discretion of the Mayor, reasonable attorney's fees and other costs and expenses incurred in such action by the City shall be paid by the property owners.

B.07 MAXIMUM DEVELOPMENT AREA DENSITY.
In any PCD District development, the maximum density shall not exceed 3.24 dwelling units per acre for the entire development area (defined as median density in the N. R. Master Plan).

Neighborhood business use shall not exceed 10% of the entire development area. Open space uses, including golf courses and other identified recreational facilities, shall not be counted in determining the percentage of a PCD district developed as Neighborhood Business.

B.08 AREA, YARD AND HEIGHT REGULATION.
In any PCD District development, land and buildings shall be erected, altered and maintained only in accordance with the following regulations:
1. Single Family Dwelling.
Lot Area - 10,500 sq. ft.
Lot Width - 70' (at front building setback line).
Front Building Setback - shall be 30' with an average minimum setback of 35 feet maintained throughout the single family dwelling portion of the development area.
Side Yard Setback - Each dwelling shall have a minimum side yard depth of not less than seven and one-half (7.5) feet for a one story dwelling and eleven (11) feet for a two story dwelling.
Rear Yard Setback - 20 feet.
Building Height - Maximum thirty five (35) feet measured from ground to outside wall/roof meeting joint.

B. Cluster Single Family.
Front Building Setback - Not less than 20' measured from the nearest edge of street or sidewalk pavement.
Cluster Dwelling Setback and Spacing - Not less than 15' from any common open space area boundary and 35' from any single family dwelling property line.
The minimum building separation between adjacent detached cluster buildings shall be not less than six (6) feet. Building Height - Maximum thirty five (35) feet measured from ground to outside wall/roof meeting joint.

C. Neighborhood Business.
Maximum Building Coverage -25%
Front Building Setback - 65' from street right-of-way.
Front Parking Setback - 10' from street right-of-way.
Side and Rear Yard Setback:
Building - 35' abutting residential and 15" abutting non-residential.
Parking - 20' abutting residential and 10' abutting non-residential.
Height - Maximum 45 feet.

B.09 DWELLING UNIT AREA.
Dwelling units within a PCD District development shall be not less than the, following minimum livable floor areas:

Single family residential:
One story 1,200 sq. ft.
Two story 1,600 sq. ft.

Cluster single family 1,100 sq. ft.

B.lO VEHICLE STORAGE AND OFF-STREET PARKING.
In any PCD District development, vehicle storage and off-street parking shall be provided as follows:

Single family dwelling 2 enclosed spaces
Cluster single family 2 per unit (including one enclosed), plus one guest space for each five units.
Neighborhood Business: As required in Chapter 1284
of this Code.

B.11 CLUSTER AREA SITE DESIGN AND APPROVAL.
The developer of any parcel of land approved for cluster single-family use shall prepare a detailed site plan of the cluster area proposed for development.

The site plan of each cluster single-family area shall include the following:

A. The number, location, arrangement and architectural design of all dwelling units;

B. The proposed use of all private and common land;

C. The location and arrangement of all dedicated and private vehicular and pedestrian accessways;

D. The number and arrangement of all open parking and service areas;

E. The location of all utilities; and

F. The landscape treatment of the cluster area.

The cluster site plan shall be transmitted to the City Engineer, and City Planner (or planning consultant) for their review, report and recommendation.
A copy of all covenants, restrictions and easements to be recorded and covenants for maintenance of common areas, and homeowners association bylaws shall be submitted to the Law Director for his approval.
The Planning Commission shall evaluate the reports of the Engineer, City Planner (or planning consultant) and Law Director and shall act to approve, disapprove or modify the cluster area site plan.

B.12 CLUSTER AREA ACCESS AND VEHICULAR CIRCULATION.
Each cluster area shall be served by a dedicated street. However, individual dwelling units within such cluster need not so abut provided that:

A. Each dwelling unit is accessible by means of a private drive, to service and emergency vehicles in a manner acceptable to the City Engineer.

B. Construction methods, standards and materials for private drives meet accepted engineering practice and are approved by the City Engineer.

C. The location, design and construction of all utilities on private or common land is approved by the City Engineer.

D. The preservation and maintenance of all private drives and utilities on private land is assured by firm commitment of the abutting owners through documents recorded in the office of the Lorain County Recorder or in such other form as is approved by the Director of Law.

B.13 CLUSTER AREA IMPROVEMENTS.
The developer of a cluster area shall submit to the City Engineer for his approval, the detailed design of all improvements of a cluster area, to include the pavement, storm sewers, sanitary sewers, water mains, sidewalks and electric power and telephone service. This submission shall conform to the requirements of the City Engineer and Council for plans and specifications with respect to the construction and material standards for all pavement and utility installations within the City.

Utility improvements in a cluster area, if approved by the Planning Commission and City Engineer, need not be installed in a dedicated right of way. In all instances where such improvements are not installed in a dedicated right of way and the operation and maintenance of such utilities are to be performed by the City or other public utility, the owner shall grant permanent easements to the City and/or the appropriate public utility, in a form satisfactory to the Law Department and City Engineer, providing for access to the utilities by the City and/or other utility companies.

B.14 STREETS/PCD DEVELOPMENTS.
All streets in a PCD District development must be offered for dedication to the City except as provided in
Section B. 12.

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Page Updated Fri Oct 1, 2004 11:18pm EDT