§ 166.24 Planned Development District

and DESCRIPTION OF DISTRICT This district intends to encourage innovation and flexibility in planning the development of land so that development is compatible with the site’s physical and environmental characteristics. This district allows for flexibility in zone district requirements. The PAD district provides an opportunity for the development of a mixture of uses and housing types in a coordinated manner. The underlying zone district will guide the development. It is incumbent upon the applicant proposing the PAD to justify the project. As such, any alteration from the standard zone regulations and or design standards must be listed and accompanied with explanation of the compensating benefit derived from permitting such alteration and or change shall be provided with the application.

USES AND STRUCTURES PERMITTED Any residential use is a permitted use and is governed by density, design, and other requirements of the PAD permit. A PAD may be allowed by council approval in any zoning district; however, no PAD permit may be granted unless the development conforms with the use limitations of the zoning district in which it is located. The density and other limitations of the underlying district must be followed except that those limitations may be lawfully modified as provided by this Ordinance.

Accesory and temporary uses or structures are allowed according to the provisions of Section 9.05 and Section 9.21.

A PAD that will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning and must be accompanied by an application for a zoning amendment. A re-zoning request may be made concurrently with a PAD application as long as the request was notated with application. . PAD AREA REQUIREMENTS

05. A. A PAD must have no less than five acres. Any land counted toward subdivision green space requirements may not be counted as a part of the PAD. The following exception are made: 1) any PAD application on file with the City at or prior to the date that this ordinance is passed; or 2) any PAD application that has received final plat acceptance by the City prior to or at the time of the passage of this ordinance .

B. The P&Z and City Council must require any arrangements of structures and open spaces within the site development plan necessary to ensure that adjacent properties will not be harmed.

1. Density. Density of land use intensity must in no case be more than 25% higher than allowed in the zoning district, except not more than 10% higher in residential districts.

2. Arrangement. Where feasible, the least height and density of buildings and uses must be arranged around the boundaries of the development.

3. Specific regulations. Lot area, width, yard, height, density and coverage regulations willl be determined by approval of the site plan.

4. Open spaces. Preservation, maintenance, and ownership of required open spaces within the development must be accomplished by either:

a. Dedication of land as a public park or parkway system; or

b. The grant of a permanent, open space easement on and over the private open space to guarantee that the open space remains perpetually in recreational use, with ownership and maintenance being the responsibility of an owners’ association established with articles of association and bylaws that are satisfactory to the governing body.

5. Construction: Construction must commence within two (2) years from the date the city grants its approval of the application or the approval shall become null and void, without any action by the council. In such a case, the applicant may resubmit the voided PAD but it will be subject to the entire processing procedure.

REGULATIONS Signs are permitted according to the provisions of Section 6.

& OFF-STREET LOADING REGULATIONS Parking must be provided according to the provisions of Section 7.

REGULATIONS Exterior lighting is provided according to the provisions of Section 8.

REGULATIONS At the time of any building permit in all PAD zones, the applicant must supply a landscaping plan for review by the Planning and Zoning Commission or the city designee. The landscaping plan must be appropriate to the special zone plan and must be submitted at the time of application for the building permit. The plan is subject to review of the Planning and Zoning Commission and approval of the City Council. PAD zones must provide in their landscaping plans for the placement of no less than one deciduous tree per building and additionally one deciduous tree per residential unit. The city review may also request additional landscaping such as shrubs and border vegetation if this appears to be beneficial and conducive to a more esthetic, attractive, and orderly development of the area.

PAD SPECIAL REGULATIONS

A. Ownership. The development must identify the legal owners of the property. All applications must indicate the authority of the owner for the act of execution.

B. Desirability. The proposed use of the particular location must prove necessary or desirable and must provide a service or facility that will contribute to the general well-being of the surrounding area. It must show that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety, or general welfare of persons residing near the PAD.

C. Approval and Compliance. In order to approve a PAD, the City Council may require that the following conditions (among others it deems appropriate) be met by the applicant:

1. The proposed PAD application will be processed in the same manner as all other rezoning requests, including the requirement that the application fee must be paid at the time of filing the application. Upon receipt of a fully completed application and payment of fees, the City Clerk will begin processing the application in the same manner as any other rezoning application.

2. The City Council may approve or disapprove an application for a planned area development. If approved, the City Council may attach any conditions as it deems necessary to secure compliance with the purposes set forth in this chapter.

3. PAD applicants must demonstrate to the satisfaction of the Tiffin City Council that they are financially able to complete the proposed project.

4. The applicants must show that they intend to start construction within one year of either approval of the project or of any necessary zoning district change and that they intend to complete the construction within four years from the date construction begins.

5. Upon approval of a PAD, construction may proceed only in accordance with the plans and specifications approved by the Council and in conformity with any conditions set the City as conditions for its approval. Amendments to approved plans and specifications for a PAD mayl be obtained only by following procedures here outlined for first approval.

6. The building official will not issue any permit for any proposed building, structure, or use within the project unless proposal accords with the approved development plan.

7. Compliance with the regulations of this chapter does not excuse the developer from the applicable requirements of the subdivision ordinance, except any modifications authorized in the approval of the application for the PAD.

AND BUILDING PLAN REVIEW It is the intent of this section that site and building plans for a PAD are prepared by a designer having professional competence in urban planning. The City Council may require the applicant to engage a qualified designer. Landscaping, fencing, and screening for the uses within the site and as means of integrating the proposed development into its surroundings must be planned and presented to the P&Z and Council for approval together with other required plans for the development. A planting plan showing proposed tree and shrubbery plantings must be submitted for the entire area to be developed. A grading and drainage plan must also be submitted to the P&Z and Council with the application.

APPLICATIONS:

A. PAD Request shall follow the same requirements of any other re-zoning request.

B. A PAD Application must follow all time requirements of a Rezoning request and in addition to any PAD Application must be submitted before two meetings prior to the meeting of the Planning and Zoning Commission when the request will be considered for action on the agenda of the Planning and Zoning Commission. Any applicant is encouraged to bring any preliminary proposal to the P&Z for comment and review prior to formal application.

C. An application must be in writing and include the following:

1. Payment of fees as set by resolution of the Council

2. List of all items in conflict with zone regulations and design standards and including reasons for the conflicts.

3. Twenty copies of platting plans, construction plans, building and drainage plans, all drawn to scale

4. Name and contact information for the engineer or planner

5. Twenty copies of covenant documents or any other relevant information requested by the P&Z or City Council.

6. A list of all title holders and their current addresses of all property owners located within 200' of the proposed PAD area.

7. The owner's and developers names and contact information.

8. The legal description of the area being addressed in the application

9. A Landscaping Plan.

P-1 PUBLIC USE

1. Purpose. The Planned Development Overlay Concept District and the Planned Development Overlay Site District are intended to provide flexibility in the design of planned projects; to encourage innovation in project design that incorporates open space and other amenities; and to insure the compatibility of developments with the surrounding urban environment. The Planned Development Overlay Districts are intended to promote developments which would be advantageous to the City and its urban form by permitting project design that will surpass the quality of development resulting from a strict application of the regulations of conventional zoning districts. Consequently, the Planned Development Overlay Districts, OPD, are to be used to exceed the City’s traditional zoning and subdivision requirements and not to circumvent these standards. The Planned Development Overlay Districts shall not be used to secure approval for projects that do not conform to the City’s Comprehensive Plan. Applications for an OPD shall specify the project is proposed for OPD Concept District or OPD Site District approval.

A. The Planned Development Overlay Concept District (“OPD Concept District.”) Generally, an OPD Concept District requires the submittal of generalized plans describing land uses and development themes, and ranges of density of development in ratios of activity, such as floor area ratio or dwelling units per acre. This district may be used to organize a development in phases by using conceptual development plans and deferring specific site district approval to a future date. Application, planning, and formal approval requirements are found in Subsection 7. Approved OPD Concept Districts require review and approval of an OPD Site District prior to development.

B. The Planned Development Overlay Site District (“OPD Site District.”)

(1) Generally, an OPD Site District requires the submittal of detailed drawings of the proposed development, including site plans, landscaping plans, and building elevations, depicting the project as it is anticipated to be constructed on the specific location. Application, planning, and formal approval requirements are found in Subsection

(2) An OPD Site District may be approved by the City in the event an OPD Concept District has been or is concurrently approved by Council, and the submitted OPD Site District documents indicate the land use is consistent with the range of density and other applicable descriptions of development documented on the approved OPD Concept District documents or conditions of approval.

(3) The Developer may concurrently apply for an OPD Concept District and an OPD Site District.

2. Location. The OPD Districts are generally intended for use in the following three urban contexts:

A. Vacant Land. Areas of substantial open space, where the structure of conventional zoning may artificially limit or constrain good design, may restrict the achievement of the City’s development objectives, or may not be appropriate to changes in technology or demand consistent with the best interests of the City.

B. Community Development Areas. Areas of the City which are in need of rehabilitation or redevelopment, including areas which may be deficient in public facilities or services. In these situations, an OPD District may encourage private investment by recognizing the need for flexibility that conventional zoning regulations do not provide.

C. Neighborhood Contexts. Areas in which sensitive project design is critical to maintain and protect the value of surrounding residential neighborhoods and other sensitive or vulnerable settings.

3. Land Use Regulations.

A. Planned Development Overlay Districts are to be used in conjunction with one or more underlying zoning districts, thereby permitting the same uses and activities as the underlying base zoning district(s), except those that may be excluded by the Council. Limitations and standards of use also may be established in the overlay district as conditions of approval for individual developments. Before the Council excludes a land use from a base zoning district, a development agreement that also excludes those specified land uses shall be adopted previously to or concurrently with the adoption of the overlay district.

B. A mixture of land uses are allowed in planned developments that might not otherwise be allowed with the underlying zoning. Land uses proposed must meet all of the dimensional and site development standards of the underlying base zone, unless a modification is specifically approved during the planned development process. The following provisions provide standards for uses that might not otherwise be allowed in the underlying zone:

(1) Uses Allowed On Properties Zoned Residential. A mixture of housing types including single-family, two-family, and multi-family dwellings is encouraged in all residentially zoned developments. To help assure that the various building types are compatible with one another, similar architectural elements, scale, massing, and materials shall be used.

a. If Multi-Family uses are proposed, they must comply with the dimensional requirements of the zone listed below based upon the underlying zone.

i. Areas zoned R-4, R-6, or R-8 must comply with the dimensional requirements of the R-8 District. Up to eight residential dwelling units in a single building may be allowed.

ii. Areas zoned R-12 must comply with the dimensional requirements of the R-12 District except that the number of residential dwelling units in a single building shall be determined for each site during the planned development process and limited by Council with the overlay approval.

b. Attached single-family dwellings may be allowed in areas zoned R-1E, R-1A, R-1B, R-C and R-2 provided they comply with the dimensional requirements of R-2 District.

c. Commercial Uses. Commercial uses are not permitted in planned developments on properties zoned residential that are less than eight acres in size. In a residentially zoned planned development that is larger than eight acres, where commercial uses are proposed, they must comply with the zoning requirements of the C-1S District and the following standards:

i. Mixed use buildings, which include residential dwellings and commercial uses, are encouraged. However, in mixed-use buildings, the residential portion shall not be located on the first floor and the number of residential dwellings in a single building shall be determined for each site during the planned development process and limited by Council with the overlay approval.

ii. Any commercial development proposed must be of a scale suited to serve the residents of the immediate development and adjacent neighborhoods.

iii. Commercial development should be designed to serve as the focal point of the overall development and is encouraged to incorporate open spaces such as town square, plazas, or pedestrian malls.

iv. Commercial developments should be designed so that the material, massing, and architectural style are compatible with adjacent neighborhoods.

(2) Uses Allowed On Properties Zoned Commercial C-1B and C-1S. A mixture of housing types including single-family, two-family, and multi-family dwellings is allowed in all C-1B and C-1S Districts.

a. To help assure that the various building types are compatible with one another, similar architectural elements, scale, massing, and materials shall be used.

b. If multi-family uses are proposed, they must comply with the R-8 District regulations except that the number of residential dwelling units in a single building shall be determined for each site during the planned development process and limited by Council with the overlay approval.

c. Mixed use buildings, which include residential dwellings and commercial uses, are encouraged. However, in mixed-use buildings, the residential portion shall not be located on the first floor and the number of residential dwellings in a single building shall be determined for each site during the planned development process and limited by Council with the overlay approval.

(3) Uses Allowed on Properties Zoned Commercial C-2B. All uses planned in developments zoned C-2B shall comply with the underlying C-2B District.

(4) Uses on Properties Zoned Industrial M-1 and M-2. The following use types are allowed: industrial, office, commercial, public, open space, and accessory uses, such as parking to serve such primary uses. Residential land uses are not allowed.

4. Development Standards.

A. The minimum size area for an OPD District shall be five acres unless significant site restrictions apply. Except as provided in Subsection 3, residential and mixed use applications for sites that are less than five acres may also be considered in the event the project includes a minimum of 13 dwelling units.

B. The general development standards established in this Zoning Code, City design standards, and the specific development for construction standards for each underlying district must be followed unless specifically modified by the Council with the approval of the OPD District.

C. Variations in the dimensional requirements of the underlying base zone may be necessary in order to facilitate the provision of desired neighborhood amenities or open space; to preserve or protect natural, historic, or cultural features; to achieve compatibility with surrounding development; or to create a distinctive or innovative neighborhood environment for area residents. Therefore, the dimensional requirements of the underlying base zone may be modified, or waived, provided the standards for modified developments set for in this Zoning Code are met.

D. The density and design of the planned development shall be compatible with or complimentary to adjacent developments in terms of land use, building mass and scale, relative amount of open space, traffic circulation, and general layout.

E. The development will not overload existing streets and utilities.

F. The development will not adversely affect views, light, air, property values and privacy of neighboring properties any more than would a conventional development.

G. The combination of land uses and building types, any variation from the underlying zoning requirements or from City design standards will be in the public interest, in harmony with the purpose of this Zoning Code, and with other building regulations of the City.

H. Signs shall conform to Chapter 167 except as modified by Council with the overlay approval.

I. Parking and loading shall be provided according to Section 165.06 except as modified by Council with overlay approval. Additionally, all parking lots shall be screened to a minimum standard of S2 pursuant to Chapter 169.

J. All lighting shall be provided according to Section 165.07 except as modified by Council with overlay approval.

K. Other miscellaneous and supplemental provisions and regulations not covered under Subsection 6 shall conform to Chapter 165 except as modified by Council with the overlay approval.

L. Solid Waste Collection Handling.

(1) Collection Stations. Unless individual solid waste collection is provided for each dwelling or business within the development, dumpsters or collection stands consisting of a holder or rack on an impervious slab must be provided within 300 feet of every building they serve. Container stands must be designed to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them. Collection stations must be screened from adjacent dwellings to the S3 standard pursuant to Chapter 169.

(2) Collection receptacles shall be provided in quantities adequate to permit disposal of all solid wastes.

M. All private improvements shall be constructed to the same City standards as if it were a public improvement, except where specifically modified by Council with the overlay approval.

5. Standards for Modified Developments. The following standards are to be used by the City when evaluating a planned development when modifications to the underlying zoning requirements or to City design standards are requested. When multiple principal use buildings will be located on a common lot, imaginary lot lines must be illustrated for the purpose of determining when modifications to the underlying dimensional standards are being requested. When applying the standards, the City will weigh the specific circumstances surrounding each application and strive for development solutions that best promote the spirit, intent, and purpose of this section while permitting development of the property for reasonable, beneficial uses. Modifications that the City deems as contrary to public safety will not be approved.

A. Modifications to Zoning Requirements.

(1) Minimum setbacks may be reduced if the following conditions are met:

a. The setbacks proposed will provide adequate light, air, and privacy between dwellings and public or common rights-of-way.

b. Sufficient setbacks are incorporated to provide the opportunity for adequate private open space for each dwelling unit.

c. The setbacks proposed will provide sufficient area for utilities, required landscaping, trees, and screening.

d. If the front setbacks are reduced, measures should be taken to preserve the privacy within the residential dwellings and to provide a transition between the public right-of-way and private property. To ensure privacy within single-and two-family dwellings for which setbacks are reduced, the first floor elevation must be elevated at least 30 inches above the grade of the adjacent sidewalk. Other methods to increase privacy are encouraged such as use of front porches or screening.

e. Residential buildings that are located in close proximity to each other must be designed to preserve privacy. This can be achieved by placement of windows to prevent direct views into the windows of adjacent residential dwelling units. In addition, balconies and air conditioning units may not be located along a building wall that is within 20 feet of a building wall of an adjacent principal building on the same lot if the wall of the adjacent building contains windows or door openings into dwelling units. Proximity of building walls will be subject to all current building code fire protection requirements.

(2) The maximum building height and building coverage may be modified or waived, provided the design of the development results in sufficient light and air circulation for each building and adequate accessible open space for all residents of the development. When the underlying zoning district is R-1 or R-2 at least 35 percent of the net land area in a planned development shall remain free of buildings, parking, and vehicular maneuvering areas.

(3) Minimum lot area, lot width, and lot frontage requirements may be reduced. However due to the concentration of dwelling units that will occur if these dimensional requirements are reduced, the following conditions must be met:

a. The proposed modifications will not result in increased traffic congestion or a reduction in neighborhood traffic circulation. To mitigate the concentration of dwellings, shorter block lengths may be appropriate and the locations of driveways and pedestrian facilities must be carefully planned.

b. Garages and off-street parking areas must be located so that they do not dominate the streetscape. Alley or private rear lane access will be required unless garages are recessed behind the front façade of the dwelling in a manner that allows the residential portion of the dwelling to predominate along the street.

c. If garages are located with access to the street, the development must be designed so there is adequate right-of-way and front yard area available to accommodate sidewalks and landscaping. The width of driveways may need to be reduced and garages set back an adequate distance to accommodate these elements.

B. Modifications to Street Standards.

(1) Right-of-way width. Street right-of-way widths may be reduced below those otherwise required by the subdivision regulations if the proposed development provides sufficient area within the right-of-way for street trees and public and private utilities.

(2) Pavement Widths for Local Streets. Requests for reduction of street pavement widths for local streets will be considered if the streets are designed to promote pedestrian orientated frontages and safe access for emergency vehicles. For example, these might be achieved through the use of alleys or private rear lanes. Depending on the width of the proposed street and anticipated traffic, additional off street parking clusters may be required. Any separate off-street parking areas must be screened to the S2 standard, pursuant to Chapter 169.

(3) Private Streets.

a. Private streets in single-family and two-family residential areas are discouraged. Requests for private streets will be carefully scrutinized and will only be approved if the proposed private street serves as a shared access to a cluster or small group of housing units and does not support any through traffic. In addition, adequate provisions must be made for street maintenance, snow removal, and garbage service according to the provisions listed in Subsection 5(B)(3)(c).

b. Private streets in multi-family, commercial, and industrial areas may be allowed; provided that the responsibilities for maintenance, snow removal, and garbage service are clearly established according to the provisions for Subsection 5(B)(3)(c).

c. If private streets are approved, the developer must submit a legally binding instrument setting forth the procedure to be followed for maintaining private streets and providing garbage service and snow removal, and for the financing for these services. Such costs will be shared by all owners of property located within the planned development through the use of an owners’ association or other entity satisfactory to the City. Any cost incurred by the City due to the failure of this designated entity to meet its obligations under the provisions of this Subsection 5(B)(3)(c) shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the City.

6. Supplemental Regulations.

A. Evidence of Ownership and Intent to Begin Construction. At the time of the preliminary OPD submittal, the developer must submit evidence of ownership of the property to be developed or of a legally binding executed purchase agreement for purchasing all of the property, and the intent to begin construction of a site specific plan within one year of the OPD Site District approval.

B. Submitted Plan. The submitted plan shall list permitted development and land use options, which may be assigned to specific parcels. Land developed under this chapter may consist of multiple parcels or may have common building sites.

C. Open Space. Common open space shall be an essential and major element of the planned development. Open areas should provide an efficient, aesthetic, and desirable usage.

D. Access. Every structure shall have access to a public street, directly across either a coterminous property line; or using recorded access easements.

E. Dedication of Public Right-of-Way. All proposed dedications of land for public use, including land dedicated for recreational use, shall be preliminarily approved, in writing, by appropriate City staff prior to Council approval of the planned development. All land dedicated for public uses shall conform to the requirements of the City.

F. Streets. Planned developments shall provide for the continuation and extension of streets and public sidewalks in accordance with City standards. Requests to modifications to the City street standards will be evaluated according to Subsection 5.

G. On-site Pedestrian Facilities. To assure that pedestrians have adequate access throughout a development, a pedestrian network plan must be developed so that residents and visitors have access to public streets and sidewalks, building entrances, parking areas, shared open spaces, natural areas, and other amenities.

H. Pedestrian Facilities Along Streets. Sidewalks must be provided along all public and private streets according to City standards (See Chapter 136 of this Code.) Particular emphasis must be given to maintaining or establishing pedestrian orientated street frontages. Pedestrian orientated streets are those that are designed to provide a safe, comfortable environment for pedestrians. Important elements are sidewalks that are separated and buffered from vehicular traffic with limited interruptions from driveways; the provision of landscaping, and buildings that visually address the street with visible doors and windows. Buildings with blank facades along the street, long stretches, or repetitive building designs, surface parking lots, and other expanses of paving are contrary to a pedestrian orientated street.

I. Landscaping and Screening Requirements.

(1) All OPD Districts shall provide adequate landscaping and trees as set by Council and based upon the guidelines in Chapter 168.

(2) All OPD Districts shall provide adequate screening as set by Council and based upon the guidelines in Chapter 169.

J. Public Open Space Requirement.

(1) All OPD districts must dedicate land for public open space, pay a fee in lieu for public open space, or a combination thereof, as set forth in Section 170.20.

(2) In the event that the dedicated open space will contain amenities, such as trails, the City may require such amenities be installed by the developer with the costs shared jointly by the developer and City based upon an estimate of proportional use by the residents of the proposed development. The timing of such improvements shall be determined and set forth in a development agreement between the developer and the City.

K. Private Shared Open Space.

(1) In the event open space land is to be retained under private ownership, the developer must submit a legally binding instrument setting forth the procedures to be followed for maintaining the areas and for financing maintenance costs. Such costs will be shared by all owners of property located within the planned development through the use of an owners’ association or other entity satisfactory to the City. Any cost incurred by the City due to the failure of this designated entity to meet its obligations under the provisions of this Subsection 6(K)(1) shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the City.

(2) The intended purpose of any private shared open space proposed for a planned development must be set forth in the plan. Such land must be suitably improved for its intended purpose. The timing of such improvements shall be set forth in a legally binding instrument as described in Subsection 6 (K)(1).

L. Commencement of Construction. Construction must commence within two years from the date the City grants its approval of the OPD Site District (or any extension granted by the City) or the approval shall become null and void without any action by the Council. In such a case the applicant may resubmit the voided OPD but it will be subject to the entire processing procedure outlined in Subsection 7 unless waived by Council.

M. Building Permits. No Building Permit shall be issued for the construction, reconstruction, or structural alteration of a building nor shall any use be established or converted nor shall a certificate of occupancy be granted without conformity with the provisions of the approved OPD district plans and agreements.

N. Other Conditions. Other conditions may be imposed if found necessary to protect and promote the best interests of the surrounding property or the neighborhood. Such conditions include, but are not limited to, the following:

(1) Improvement of traffic circulation for vehicles and pedestrians in the proposed development and adjoining properties or streets.

(2) Specific landscaping or screening requirements to maintain privacy or reduce impact on adjoining properties.

(3) Joint use of private open space or amenities by adjoining property owners.

O. Agreements. The City may require an applicant to enter into one or more agreements which the Council finds appropriate.

7. Application, Planning, and Formal Approval Review Requirements. Since not all OPD Districts will be the same, and are intended to be planned for their specific sites, all applications for an OPD District zoning shall go through a two-step Planning and Zoning Commission approval process. In the first part the OPD District will be planned in multiple meetings between the applicant and City staff, the public, Planning and Zoning Commission, and the Council. In the second part, the formal zoning approval request will be submitted to Planning and Zoning Commission for recommendation to the Council and then considered by the Council for approval if all conditions negotiated and planned in the first phase have been met. The procedures and requirements of the process are as follows:

A. Applicants. The following persons may file applications:

(1) The owner of the subject property.

(2) A developer with a legally binding executed option agreement for purchasing all of the property.

(3) An agent for either of the above duly authorized to do so in writing by the party.

B. Preliminary Submittal. To begin the OPD process, the applicant shall submit nine copies of a preliminary description of the proposal to the City, accompanied by a fee provided by the adopted fee schedule. This preliminary submittal shall include at a minimum the following:

(1) Project narrative, concept drawings, and site plans, each of sufficient scope and detail so as to allow for a basic review of location, land area, land use, land use intensity, traffic generation and adjacent streets, stormwater drainage, utility service, and previous case history.

(2) Any other materials the applicant may feel helpful such as statements, photographs, plans, renderings, models, material samples, and other items necessary to describe existing conditions and the proposed project.

(3) A list of all property owners and their mailing addresses within 200 feet of the boundaries of the proposed OPD District to the City.

C. Planning Conference.

(1) City staff will review the preliminary submittal documents and schedule with the applicant a planning conference.

(2) During the planning conference the applicant will be given the chance to present the proposal and receive feedback from staff.

(3) After the conference City staff will provide in writing a summary of the meeting including both recommended and required changes to the applicant.

(4) The requirement to have a conference and fee may be waived by the City Administrator if it is determined that sufficient information already exists regarding the proposal and case site.

(5) The City may recommend the applicant attend more than one planning conference.

(6) If agreeable to the City, the applicant may schedule additional planning conferences to refine the proposal.

D. Citizen Participation Meeting. A citizen participation meeting must be held prior to a planning work session. Citizen participation meetings are informal “open house” type meetings moderated by the City, for neighbors and other interested parties to ask questions and better understand the potential project. It is intended to avoid public misconceptions and to help the owner understand neighborhood issues.

(1) During the final planning conference, the applicant and the City will jointly schedule a citizen participation meeting. If no planning conference is held, the applicant and the City shall work together to schedule the citizen participation meeting.

(2) The City shall send by regular mail notice of the meeting to the property owners identified in Paragraph B above at least 10 days before the scheduled citizen participation meeting.

(3) All printing and mailing costs shall be reimbursed to the City by the applicant.

(4) At the citizen participation meeting the applicant shall provide 12 copies of the current submittal documents.

E. Citizen Participation Report. Applicants shall develop a written citizen participation report on the results of their citizen participation meeting which shall include the following information:

(1) A summary of neighborhood meeting including when and where they were held, number in attendance (copies of sign-in sheets), and results achieved at the meeting(s).

(2) A summary of citizen concerns, issues, and problems, and how these have been addressed through changes or stipulations to the project.

(3) Copies of comment letters, petitions, and other pertinent information received from residents and other interested parties.

F. Follow-Up Submittal. After the citizen participation meeting, or when otherwise directed to follow up with staff as provided in this section, the applicant shall submit nine copies of a follow up submittal. This follow-up submittal shall include at a minimum the following:

(1) Revised drawings and project narrative, both of sufficient scope and detail so as to allow for detailed planning of location, land area, land use, land use intensity, traffic generation, and adjacent streets, stormwater drainage, and utility service.

(2) The citizen participation report.

(3) A letter detailing changes made to the proposal based upon feedback received from the City and the citizen participation report.

G. Follow-Up Meeting.

(1) The City staff will review the follow-up submittal and schedule with the applicant a follow-up meeting.

(2) During the follow-up meeting the applicant will be given the chance to present the proposal and receive further feedback from staff.

(3) After the meeting City staff will provide in writing a summary of the meeting including both recommended and required changes to the applicant.

(4) The City may recommend an applicant attend more than one follow-up meeting.

H. Work Session Submittal. After the follow-up meeting(s) with staff the applicant shall submit 22 copies of a complete work session submittal at least 15 business days prior to a regularly scheduled Council work session. This submittal shall include at a minimum the following:

(1) Revised drawings and project narrative, both of sufficient scope and detail so as to allow for detailed planning of location, land area, land use, land use intensity, traffic generation and adjacent streets, stormwater drainage, and utility service.

(2) The citizen participation report.

(3) A letter detailing changes made to the proposal based upon feedback received from the City and the citizen participation report.

(4) City staff will review the work session submittal and, if complete place it upon the agenda for a Council work session.

I. Planning Work Session. The final step in the OPD planning process is for the applicant to attend a Council work session to present and discuss the proposed OPD District.

(1) Topics to be discussed may include but are not limited to the following: the planning conferences, citizen participation report, comprehensive plan, necessary portions of the development agreement, additional site specific requirements for submittal, and any other necessary matters relating to the planned development.

(2) After the work session City staff will provide to the applicant in writing a summary of the meeting including both recommended and required changes.

(3) The City or applicant may request more than one work session. However, if more than two work sessions are needed to discuss the proposal, the Council may direct the applicant to follow up with City staff in making necessary changes.

J. OPD District Formal Approval Process. After completion of all planning requirements, an OPD Concept District or OPD Site District application may be submitted and the formal approval process may proceed as follows:

(1) The applicant shall submit to the Clerk a properly completed and signed application on a form provided by the City and pay to the City a fee as set by Council. The applicant shall also submit to the Clerk with the application graphic depictions of the following:

a. A land use plan, sized and drawn to a sufficient scale to show necessary details, including:

i. Dimensions and acreage of overall project site.

ii. Dimension and acreage of each underlying zoning district.

iii. Dimension and acreage of each parcel to be dedicated to the City.

iv. Dimensions and acreage of each unit or state of development.

v. Location of properties proposed.

vi. Location and use of all parcels adjacent to the proposed development.

b. Site plans(s), sized and drawn to a sufficient scale to show necessary details, (site plans not required for OPD Concept District Applications) including:

i. Date, compass point, legend of symbols, graphical scale.

ii. Property boundary lines to the nearest one-hundredth of a foot.

iii. Existing and proposed topography at contour intervals of no more than one foot, extended beyond the boundaries of the site to adjacent properties as necessary to address site drainage.

iv. Location of any established floodways, floodway fringe, and floodplain overlay lines, if applicable.

v. Location of existing trees, identifying those that will be preserved.

vi. Location of existing and proposed utilities, public and private.

vii. Location of existing and proposed easements, public and private.

viii. Location, footprint, size and use of all buildings and structures, existing and proposed.

c. Elevation(s) of proposed building(s) sized and drawn to scale sufficient to show necessary detail and minimum low opening elevations for OPD Site District Applications.

d. Location of commonly owned property including open space and recreational amenities with expected use.

e. Locations of all proposed streets, parking, signage, lighting, utilities, sidewalks, pedestrian networks, landscaping, dumpsters, screening, trees, and subdivisions of land.

(2) The applicant shall submit to the Clerk with the application a narrative, description(s) and explanation(s) of the following:

a. Compliance of the proposed project with the requirements of the comprehensive plan and the purpose statements of the OPD District.

b. Development standards for the project including any deviations from base zoning district, district development standards, and general development and design standards with justifications for each.

c. Phasing plans if the project includes multiple units or stages of development.

d. Specific or conceptual land uses as applicable.

e. Properties and amenities to be held in common ownership, including open space and recreational amenities.

f. Description of design themes and quality.

g. Incorporation of sustainable development practices.

h. Restrictive and protective covenants, as required by the City.

i. Legal description and local address of the property.

(3) The applicant shall submit to the Clerk with the application adequate certified drainage calculations to evaluate the proposal for compliance with the City’s stormwater management regulations, and the design standards.

(4) The City may also require the submission of other supporting materials as part of the application, including, but not limited to, statements, photographs, plans, drawings, renderings, models, material samples, and other items necessary to describe existing conditions and the proposed project. Unless otherwise specified all renderings shall depict the proposed structure, landscaping, other improvements, and surrounding land uses as they would appear after project completion.

(5) The completed application, fee, and 22 copies of all documents described in Subsections (1) through (4) above must be filed with the Clerk at least 15 business days prior to a regularly scheduled Planning and Zoning Commission meeting.

a. An application will not be deemed filed if it is incomplete, without the fee or 22 copies of the supporting documents.

b. Upon the filing of the completed application the applicant is given a posting sign and must immediately post it on the subject property.

c. The Clerk must deliver the official completed application and supporting documents immediately to the chairperson of the Planning and Zoning Commission, City Council members, the Mayor, the City Engineer, the City Attorney, and other City officials.

d. The application will be placed on a Planning and Zoning Commission regularly scheduled meeting agenda for review of the proposed OPD District.

e. The application will be placed on a regularly scheduled Council meeting agenda to set a public hearing date on the proposed OPD District.

(6) The Planning and Zoning Commission shall review the proposed OPD District and make a report and recommendation to the Council.

(7) The Council will set a public hearing date on the application. Notice of time and place of such public hearing shall be published not less than seven nor more than 20 days preceding said hearing and at least once in a newspaper of general circulation in the City. The public hearing notice shall include a description and address of property. As a matter of courtesy the Zoning Administrator shall mail to property owners within 200 feet of the property a copy of the public hearing notice and an explanation of their rights to be heard or protest the proposed action. Failure of property owners to receive this notice shall not invalidate any subsequent action of the City.

(8) The Council will convene the public hearing on the amendment and receive any comments from the public at that time. The Council may act on the amendment at the meeting immediately following the public hearing or at the following regularly scheduled Council meeting, or at a special meeting if requested by the applicant and paid for by the applicant. If one or more of the following events should occur, the application may not be passed except by the favorable vote of at least three-fourths of all members of the Council or:

a. The Planning and Zoning Commission recommends denial of the application; or

b. If prior to or at the public hearing, a written protest against such a change is filed with the Clerk and signed by the owners of 20 percent or more of the area of the lots included in the proposed change or repeal, or by the owners of 20 percent or more of the property that is located within

200 feet of the exterior boundaries of the property for which the change or repeal is proposed. Each unit owner within a condominium regime is considered the owner of the area of the lot proportionate to the number of units in the regime as a whole.

(9) If the OPD District is approved, the City will record the necessary documents, and the developer shall reimburse the City for the recording fees.

K. Modifications to Plans Prior to Completion of Initial Construction.

(1) The City may approve minor modifications to approved plans that are consistent with the original findings and conditions approved in the formal process that would not intensify any potentially detrimental effects for the project.

(2) A request for changes in an approved site plan or building plan that would affect a condition of approval shall be treated as a new application, except that such changes determined to be minor, in the opinion of Council, may be approved by the Council.

L. Phased Development. An approved development may be built in phases as part of the project’s plan if the construction and provisions of all necessary elements including, but not limited to, parking, drainage, common open spaces, landscaping, and public and recreational facilities which are shown on the approved plan proceed at a rate commensurate with the construction of buildings. If the City or its designee determines that the rate of building construction is not commensurate with the construction of the aforementioned necessary elements, the City, or its designee, shall notify the developer that no Building Permits will be issued until the rate of construction conforms accordingly. Failure to comply with the terms of this section in a timely manner shall result in all construction being halted until compliance is restored.

M. Conformance with Approved Plan - Modifications After Initial Construction. When the project has been completed, the use of the lands and construction, modification, or alterations of any buildings or structures within the development shall remain in conformance with the approved development plan. However, any minor alteration or modification of existing buildings may be reviewed and approved by the City if the request is found to be consistent with the purpose and intent of the approved development plan.

8. Exceptions. The approval criteria contained in this section are to be used by the City as a minimum requirement for evaluating planned developments. However, such criteria are not intended to restrict creativity and an applicant may request in writing, modifications to the planned development approval criteria. The City will use the following criteria when evaluating any such request:

A. The modification will be in harmony with the purpose and intent of the City Zoning Code and the comprehensive plan.

B. The modification will generally enhance the proposed planned development and will not have adverse impact on its physical, visual, or spatial characteristics.

C. The modification shall not result in a configuration of lots or street system that is impractical or detracts from the appearance of the proposed development.