Ordinances-2017-393 - Zoning Code Amendment - OPD

I. Landscaping and Screening Requirements. 1. All OPD Districts shall provide adequate landscaping and trees as set by City Council and based upon the guidelines in Section 16 of the City Zoning Ordinance. 2. All OPD Districts shall provide adequate screening as set by City Council and based upon the guidelines in Section 17 of the City Zoning Ordinance. 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 4.08 of the City Subdivision Ordinance. 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 OPD.06(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 section OPD.06 (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 City