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HomeMy Public PortalAboutOrdinances-2017-393 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB CITY OF TIFFIN ORDINANCE NO. 2017-393 AN ORDINANCE REVOKING THE PLANNED AREA DEVELOPMENT DISTRICT REGULATIONS OF SECTION 3 OF THE CITY OF TIFFIN ZONING ORDINANCE AND REPLACING IT WITH PLANNED DEVELOPMENT OVERLAY DISTRICT AND REGULATIONS CONTAINED IN OPD .01 — OPD .08 BE IT ENACTED by the City Council of the City of Tiffin,Iowa: Section I. Purpose: The purpose of this ordinance is to revoke the regulations of the current Planned Area Development district in Section 3 of the Tiffin Zoning ordinance, and replace it with Planned Development Overlay District Regulations. Section IL Amendment: Section 3, Planned Area Development District, of the Tiffin Zoning Ordinance is hereby revoked and replaced with the following: PLANNED DEVELOPMENT OVERLAY DISTRICT (OPD) OPD .01 PuMose OPD .02 Location OPD .03 Land Use Regulations OPD .04 Development Standards OPD .OS Standards for Modified Developments OPD .06 Supplemental Regulations OPD .07 Application, Planning, and Formal Approval Requirements OPD .08 Exceptions OPD .O1 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 are to be used to DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB 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. OPD Concept and OPD Site Districts. 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 OPD.07. 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 OPD.07. 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. OPD .02 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. 2 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB 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. OPD .03 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 City Council. Limitations and standards of use also may be established in the overlay district as conditions of approval for individual developments. Before the City 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. i. If Multi-Family uses are proposed, they must comply with the dimensional requirements of the zone listed below based upon the underlying zone. 1. Areas zoned R-4, R-6 and/or R-8 must comply with the dimensional requirements of R-8. Up to eight residential dwelling units in a single building may be allowed. 2. Areas zoned R-12 must comply with the dimensional requirements of R-12 except that the number of residential dwelling units in a 3 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB single building shall be determined for each site during the planned development process and limited by City Council with the overlay approval. ii. Attached single family dwellings may be allowed in areas zoned R-1 and R-2 provided they comply with the dimensional requirements of R-2. iii. Commercial Uses: Commercial uses are not permitted in planned developments on properties zoned residential that are less than 8 acres in size. In a residentially zoned planned development that is larger than 8 acres,where commercial uses are proposed, they must comply with the zoning requirements of C-IS and the following standards: 1. 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 City Council with the overlay approval. 2. Any commercial development proposed must be of a scale suited to serve the residents of the immediate development and adjacent neighborhoods. 3. 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. 4. 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-IB and C-1S zoned developments. i. To help assure that the various building types are compatible with one another, similar architectural elements, scale,massing, and materials shall be used. ii. If Multi Family uses are proposed, they must comply with the R-8 zone 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 City Council with the overlay approval. 4 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB iii. 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 City Council with the overlay approval. 3. Uses Allowed on Properties Zoned Commercial C-2B. All uses planned in developments zoned C-213 shall comply with the underlying C-213 zone. 4. Uses on Properties Zoned Industrial M-I 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. OPD .04 Development Standards A. The minimum size area for an OPD District shall be 5 acres unless significant site restrictions apply. Except as provided in OPD.03, residential and mixed use applications for sites that are less than 5 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 ordinance, City design standards, and the specific development for construction standards for each underlying district must be followed unless specifically modified by the City 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 chapter are met. D. The density and design of the planned development shall be compatible with and/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. 5 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB F. The development will not adversely affect views, light and 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 title, and with other building regulations of the City. H. Signs shall conform to section 6 of the City zoning ordinance except as modified by City Council with the overlay approval. I. Parking and loading shall be provided according to section 7 of the City zoning ordinance except as modified by City Council with overlay approval. Additionally, all parking lots shall be screened to a minimum standard of s2 pursuant to Section 17 of the City Zoning Ordinance. J. All lighting shall be provided according to section 8 of the City zoning ordinance section except as modified by City Council with overlay approval. K. Other miscellaneous and supplemental provisions &regulations not covered under OPD.06 shall conform to section 9 of the City zoning ordinance except as modified by City 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' 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 Section 17 of the City Zoning Ordinance. 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 City Council with the overlay approval. 6 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB OPD .05 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: i. The setbacks proposed will provide adequate light, air, and privacy between dwellings and public or common rights of way. ii. Sufficient setbacks are incorporated to provide the opportunity for adequate private open space for each dwelling unit. iii. The setbacks proposed will provide sufficient area for utilities,required landscaping, trees, and screening. iv. 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 family and two-family dwellings for which setbacks are reduced, the first floor elevation must be elevated at least 30" above the grade of the adjacent sidewalk. Other methods to increase privacy are encouraged such as use of front porches or screening. v. 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 twenty feet(20') 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 7 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB 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% of the net land area in a planned development shall remain free of buildings, parking and vehicular maneuvering areas. For purposes of this ordinance, "net land area" is defined as the total land area minus public and private street rights of way. 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: i. 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. ii. 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 fagade of the dwelling in a manner that allows the residential portion of the dwelling to predominate along the street. iii. 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 8 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB 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 Section 17 of the City Zoning Ordinance. 3. Private streets. i. 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 OPD.05(B)(3)(iii). ii. 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 OPD.05(B)(3)(iii). iii. 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 OPD.05(B)(3)(iii) shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the City. 9 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB OPD .06 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 1 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 Wa . 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 City Council approval of the planned development. All land dedicated for public uses shall conform to the requirements of City ordinances. F. Streets. Planned developments shall provide for the continuation and extension of streets and public sidewalks in accordance to City Standards. Requests to modifications to the City Street Standards will be evaluated according to the OPD.05 Standards for Modified Developments. 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. 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. 10 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB 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. L 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 11 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB Council. In such a case the applicant may resubmit the voided OPD but it will be subject to the entire processing procedure outlined in OPD.07 unless waived by City 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 and/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. OPD .07 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 approval process. In the first part the OPD district will be planned in multiple meetings between the applicant and staff, the public, P&Z, and the City Council. In the second part, the formal zoning approval request will be submitted to P&Z for recommendation to 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. 12 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB B. Preliminary Submittal. To begin the OPD process, the applicant shall submit 9 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: I. 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, storm water 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. The 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 an 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. 13 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB 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 Subsection 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 9 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, storm water 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. 14 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB G. Follow Up Meeting. I. 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. 5. If agreeable to the City the applicant may schedule additional Follow Up Meetings to refine the proposal. 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: I. 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, storm water 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 City Council work session to present and discuss the proposed OPD District. I. 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. 15 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB 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 and/or OPD Site District application may be submitted and the Formal Approval process may proceed as follows: 1. The applicant shall submit to the City 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 City Clerk with the application graphic depictions of the following: i. Land use plan, sized and drawn to a sufficient scale to show necessary details, including: 1. Dimensions and acreage of overall project site. 2. Dimension and acreage of each underlying zoning district. 3. Dimension and acreage of each parcel to be dedicated to the City. 4. Dimensions and acreage of each unit or state of development. 5. Location of properties proposed. 6. Location and use of all parcels adjacent to the proposed development. ii. Site plans(s), sized and drawn to a sufficient scale to show necessary details, (Site plans not required for OPD Concept District Applications) including: 1. Date, Compass Point, Legend of Symbols, Graphical Scale. 2. Property boundary lines to the nearest one-hundredth of a foot. 3. Existing and Proposed topography at contour intervals of no more than 1 foot, extended beyond the boundaries of the site to adjacent properties as necessary to address site drainage. 4. Location of any established floodways, floodway fringe, and flood plain overlay lines, if applicable. 5. Location of existing trees, identifying those that will be preserved. 6. Location of existing and proposed utilities,public and private. 7. Location of existing and proposed easements, public and private. 16 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB 8. Location, footprint, size and use of all buildings and structures, existing and proposed. iii. 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. iv. Location of commonly owned property including open space and recreational amenities with expected use. v. 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 City Clerk with the application a Narrative, description(s) and explanation(s) of the following: i. Compliance of the proposed project with the requirements of the Tiffin Comprehensive Plan and the Purpose statements of the OPD District. ii. 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. iii. Phasing Plans if the project includes multiple units or stages of development. iv. Specific and/or Conceptual land uses as applicable. v. Properties and amenities to be held in common ownership, including open space and recreational amenities. vi. Description of design themes and quality. vii. Incorporation of sustainable development practices. viii. Restrictive and Protective Covenants, as required by the City. ix. Legal Description and Local Address of the property. 3. The applicant shall submit to the City Clerk with the application adequate certified drainage calculations to evaluate the proposal for compliance with the City's Storm water management ordinance, and the design standards. 17 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB 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 1-4 above must be filed with the Tiffin City Clerk at least 15 business days prior to a regularly scheduled Planning and Zoning Commission meeting. i. An application will not be deemed filed if it is incomplete, without the fee or 22 copies of the supporting documents. ii. Upon the filing of the completed application the applicant is given a posting sign and must immediately post it on the subject property. iii. The City 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. iv. The application will be placed on a Planning and Zoning Commission regularly scheduled meeting agenda for review of the proposed OPD District. v. 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 City 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 (7)nor more than twenty (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 and/or protest the proposed action. Failure of property owners to receive this notice shall not invalidate any subsequent action of the City. 18 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB 8. The City 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 city 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 City Council. i. The Planning and Zoning Commission recommends denial of the application; or ii. If prior to or at the public hearing, a written protest against such a change is filed with the city 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% 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 19 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB 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. OPD .08 Exceptions The approval criteria contained in this article 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 ordinance and the City 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. Section III. Repealer. All ordinances or parts of ordinance in conflict with the provisions of this Ordinance are hereby repealed. Section IV. Severabili . Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section V. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. However, any planned area development districts that were approved prior to the effective date of this ordinance shall be subject to the provisions of Section 3, Planned Area Development District, of the Tiffin Zoning Ordinance, as if it had not been revoked. 20 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB On the 3rd day of January 2017, at a regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced Ordinance No. 2016-393, and moved that it be given its first reading. The motion was seconded by Councilperson Ryan. Ayes: Upton,Kahler, Ryan, Havens. Absent: Bartels. Nays: None. Five members of the Council being present and having voted "Aye",Mayor Steve Berner declared the motion carried, and Ordinance No. 2017-393,was read the first time, discussed, and placed on record. On the 17th day of January 2017, at a regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Kahler introduced Ordinance No. 2017-393, and moved that it be given its second reading. The motion was seconded by Councilperson Ryan. Ayes: Kahler, Ryan, Havens, Bartels,Upton Nays: None. Five members of the Council being present and having voted "Aye",Mayor Steve Berner declared the motion carried, and Ordinance No. 2017-393,was read the second time and discussed and placed on record. On the 17th day of January 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced Ordinance No. 2017-393, and moved that it be given its third and last reading. The motion was seconded by Councilperson Kahler. Ayes: Ryan, Havens, Bartels,Upton, Kahler, Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2017-393 be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 17th day of January 2017 and approved by the Mayor on the 18th day of January 2017. CITY OF TIFFIN, IOWA: By: s{t ut, b Vtav STEVE BERNER,Mayor ATTEST: DOUG BOLDT, City Administrator/Clerk I, Doug Boldt, City Administrator/Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE REVOKING THE PLANNED AREA DEVELOPMENT DISTRICT REGULATIONS OF SECTION 3 OF THE CITY OF TIFFIN ZONING ORDINANCE AND REPLACING IT WITH PLANNED DEVELOPMENT OVERLAY DISTRICT AND REGULATIONS CONTAINED IN OPD .01 — OPD .08 and known as No. 2017-393 was duly passed by the Council on the 17th day of January 2017, and signed by the 21 DocuSign Envelope ID: C2319BAF-96B8-4762-84F3-D883157DF6BB Mayor on the 18th day of January 2017, and published on the 18th day of January 2017, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2017-393 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa Doug Boldt, City Administrator/Clerk 22 Certificate Of Completion Envelope Id: C2319BAF96B8476284F3D883157DF6BBStatus: Completed Subject: Please DocuSign: ORD 2017-393 - OPD Ordinance.docx Source Envelope: Document Pages: 22Signatures: 3Envelope Originator: Supplemental Document Pages: 0Initials: 0ASHLEY PLATZ Certificate Pages: 5 AutoNav: EnabledPayments: 0300 Railroad St EnvelopeId Stamping: EnabledPO Box 259 Time Zone: (UTC-08:00) Pacific Time (US & Tiffin, IA 52340 Canada)AJAY@TIFFIN-IOWA.ORG IP Address: 10.102.101.12 Record Tracking Status: OriginalHolder: ASHLEY PLATZLocation: DocuSign 1/18/2017 7:15:03 AM AJAY@TIFFIN-IOWA.ORG Signer EventsSignatureTimestamp Steve BernerSent: 1/18/2017 7:16:31 AM steven.lee.berner@gmail.comViewed: 1/18/2017 8:23:52 AM Security Level: Email, Account Authentication Signed: 1/18/2017 8:24:44 AM (None) Using IP Address: 199.120.90.9 Electronic Record and Signature Disclosure: Accepted: 1/18/2017 8:23:52 AM ID: 6bd7d680-4a71-4e53-ba6f-2a78cc26e175 Doug BoldtSent: 1/18/2017 8:24:45 AM dboldt@tiffin-iowa.orgViewed: 1/18/2017 11:21:45 AM Security Level: Email, Account Authentication Signed: 1/18/2017 11:21:59 AM (None) Using IP Address: 69.63.16.128 Electronic Record and Signature Disclosure: Accepted: 11/15/2016 7:19:16 AM ID: e71e6fed-796e-4f6c-b8a2-9a25882d8617 In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Notary EventsTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted1/18/2017 8:24:45 AM Certified DeliveredSecurity Checked1/18/2017 11:21:46 AM Signing CompleteSecurity Checked1/18/2017 11:21:59 AM Envelope Summary EventsStatusTimestamps CompletedSecurity Checked1/18/2017 11:21:59 AM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, CITY OF TIFFIN, IOWA (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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