The OPD-H Zone is established to permit flexibility in the use and design of structures and land in situations where conventional development may be inappropriate and where modifications of requirements of the underlying zone will not be contrary to the intent and purpose of the Zoning Ordinance, inconsistent with the Comprehensive Plan or harmful to the neighborhood in which they are located.

1.   Intent.  The intent of the PDH regulations is to:

   A.   Provide flexibility in architectural design, placement and clustering of buildings, use of open space, provision of circulation facilities and parking, and related site and design considerations.

   B.   Encourage the preservation and best use of existing environmentally sensitive areas and landscape features through development sensitive to the natural features of the surrounding area.

   C.   Promote efficient land use with smaller networks of utilities and streets.

   D.   Encourage and preserve opportunities for energy efficient development.

   E.   Promote an attractive and safe living environment which is compatible with surrounding residential developments.

   F.   Provide an alternative method for redeveloping older residential areas and to encourage infill development.

2.   Applicability.  Planned development housing shall be permitted in R Zones as follows:

   A.   For an undeveloped area of land of 2 acres or more.

   B.   For development of areas of land containing less than 2 acres but more than 1 acre, where, because of existing environmentally sensitive areas, or natural features, or the land is completely surrounded by development, or the age of existing development or scenic assets, such development is more appropriate and more efficient than conventional development.  (See Section 165.29(10) for specific standards relating to developments of less than 2 acres.)

3.   Preliminary PDH Plan.  The owner of an area of land meeting the requirements of subsection 2 of this section who wishes to develop in accordance with the provisions of this section shall submit to the Building Official three (3) copies of a preliminary PDH plan and application for preliminary approval.  The preliminary PDH plan for the use and development of the area of land shall list all requested variations from requirements of the particular zone in which the tract of land is located.  The preliminary PDH plan may show a range of dimensions and need not have the specificity of the final plan.  The application shall be accompanied by the following:

   A.   A location map affixed to the plan.

   B.   A preliminary PDH plan of the proposed development drawn to scale of 1" = 100', showing:

      (1)   Contours at 5-foot intervals or less and site topographic features.

      (2)   Approximate location of all proposed streets and streets abutting the development.

      (3)   Proposed uses of the land and surrounding land use.

      (4)   Number of dwelling units proposed for the planned development.

      (5)   Proposed general arrangement of the buildings.

      (6)   Location and area of proposed open space areas (either to be held in common or publicly and whether to be used for active recreation purposes or only as an environmental amenity), parking areas, access drives, walks, and landscaping and planting areas.

      (7)   Sketches to indicate the general design of building types and the overall character of the development.

      (8)   Legal description of the planned development.

      (9)   Existing utility or other easements.

      (10)   Development stages and timing of each, if applicable.

      (11)   Approximate location of and natural landscape features and/or environmentally sensitive areas, if applicable.

4.   Preliminary PDH Plan Approval.  Approval of a preliminary PDH plan shall be by ordinance in accordance with the procedures set forth in Section 165.49.  Approval of the zoning of the land to an OPD-H Zone shall constitute approval of the plan.  A preliminary PDH plan shall be valid for no more than 24 months, unless specifically provided otherwise in the OPD-H approval ordinance.  If no building permit has been issued for the development within the 24-month period, the area of land to which the PDH ordinance applied may be considered by the City for rezoning.  Preliminary or final OPD-H plans approved prior to the date of adoption of these regulations shall not be subject to this provision.

5.   Report of Planning and Zoning Commission.  Upon completion of review of the preliminary PDH plan of the planned development, the Commission shall recommend either approval or denial of the plan and shall make a written report of its findings to the City Council to substantiate its recommendations.  The findings shall deal with the following:  that the variances in setbacks, lot area requirements, building heights, building types, sizes of buildings, and the combination of land uses will be in the public interest, in harmony with the purposes of this chapter and other building regulations of the City and will not adversely affect nearby properties and that the parking requirements of this chapter otherwise prevailing in the zone have not been reduced.

6.   Changes in Approved Preliminary PDH Plan.  Material changes in an approved preliminary PDH plan shall be subject to the approval procedures set forth in subsection 4 of this section.  A material change is any change in the use or character of the development from the use or uses shown on the preliminary PDH plan and any dimensional change beyond the ranges specified on the preliminary plan.

7.   Final PDH Plan.  Applications for approval of the final PDH plan shall meet all of the requirements of the preliminary PDH plan and meet the documentation specifications of the subdivision regulations where applicable.  For an area of land less than two (2) acres, the final PDH plan shall also include the following:

   A.   Building elevations and floor plans for all structures.

   B.   Details of materials to be used for external construction.

   C.   A landscape plan, including screening and buffering between the proposed and existing development.

8.   Final PDH Plan of Sub-area.  After preliminary approval of the entire planned development is given, a final plan of a segment or sub-area within the planned development may be approved if:

   A.   The plan of the sub-area meets all requirements of a final plan.

   B.   The dwelling unit density within the sub-area does not exceed the dwelling unit density allowable for the least restrictive use for that area under existing zoning.

   C.   The sub-area can function as an independent development unit with adequate access, services, utilities, open space, etc.

   D.   The developer dedicates all public rights-of-way necessary to support the sub-area.

   E.   The sub-area is more than two (2) acres in size.

9.   General Requirements.  Planned developments shall meet the following criteria:

   A.   Land Uses.  Combinations of land uses, including single-family, multi-family and commercial uses are permitted and variations in building setback and lot area requirements as called for in this chapter may be approved for planned developments.  (Commercial uses are not permitted in PDH plans on less than 2 acres.)

   B.   Dwelling Unit Density.  The overall dwelling unit density (based upon total land area minus public and private street right-of-way area within the planned development) may be computed on the basis of that permitted for the least restrictive use, depending upon the character of the development which would be allowed under the applicable underlying zoning classifications.

   C.   Open Space.  Planned developments shall contain open space totaling twenty-five percent (25%) or more of the total land area minus public and private street right-of-way area for recreational purposes and to enhance the general character of the area.

      (1)   In the event the 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 in maintaining the areas and the means for financing maintenance costs.  Generally, such costs shall be shared by all owners of property located within the planned development, with unpaid costs becoming a lien on individual properties.

      (2)   All proposed dedications of land for public use, including that to be dedicated for recreational use, shall be approved in writing by the Building Official prior to approval of the plan by the Council.  All land dedications for public use shall conform to the requirements of City ordinances.

   D.   Ownership.  At the time of approval of a preliminary PDH plan, the developer must submit evidence of ownership of the property to be developed or show evidence of legally binding executed option agreements for purchasing all of the property.

   E.   Dedication of Public Right-of-Way.  All proposed dedications of land for public use, including that to be dedicated for recreational use, shall be approved in writing by the Building Official prior to approval of the plan by the Council.  All land dedications for public use shall conform to the requirements of City ordinances.

   F.   Streets.  Planned developments shall make provision for continuation and extension of streets and shall be done in accordance with current City standards.

   G.   Schedule of Completion.  A developer or sponsor of a planned development shall be required to submit a signed statement generally describing the proposed development and setting forth an intended time schedule for the completion of various phases.

10.   Additional Requirements and Standards for PDH on Areas of Land Less Than Two (2) Acres, But One Acre or More.  No PDH plan for an area containing less than 2 acres shall be approved before the following prerequisite is met and which does not conform to the following standards:

   A.   Prerequisite to Consideration.  Prior to submitting a preliminary plan, the owner/developer shall notify all property owners within 600 feet of the proposed development, of the proposed project, and shall meet with as many property owners as possible to discuss the project.  The owner/developer shall submit to the Building Official a list of property owners, obtained from the Cerro Gordo County Treasurer’s Office, to whom notice was sent.  Documentation of a meeting with these people shall be submitted to the Planning and Zoning Commission.

   B.   General Standards:

      (1)   The density and design of the PDH shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoining land uses and shall be integrated into the neighborhood.

      (2)   The development shall not overburden existing streets and utilities.

      (3)   The development shall not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development.

   C.   Specific Standards:

      (1)   Land Coverage.  Maximum land coverage for all buildings in the development shall not exceed thirty-five percent (35%) of the total land area minus street right-of-way area.

      (2)   Open Space.  At least twenty-five percent (25%) of the total land area minus public and private street right-of-way area shall be open space.  At least fifty percent (50%) of the required open space shall be suitably improved by the owner/developer for its intended purpose, such work to be completed before any occupancy certificate may be issued for the development.  The remaining fifty percent (50%) of required open space may be left unimproved, particularly if natural features worthy of preservation exist on the site.  (Open space means land area of the site not covered by buildings, parking or vehicular maneuvering areas, but including storm water detention basins, recreational and pedestrian areas and private yards, if any.)

      (3)   Dimensions.  There shall be no minimum dimensional requirements except for setbacks similar to those required for adjacent properties.  The more restrictive zone setbacks will take precedent.

      (4)   Siting and Design.  Multi-family structures located adjacent to existing single-family dwellings must be sited, landscaped and screened by natural features and plant materials to harmoniously integrate the PDH with the surrounding neighborhood.

      (5)   Commercial or institutional uses shall be prohibited.

   D.   Other conditions may be required, if found necessary to protect and promote the best interest of the surrounding property or the neighborhood.  These conditions may include but are not limited to, the following:

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

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

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

11.   Final Plan Approval.  Final approval of any PDH plan shall be by administrative review.  Approval shall be based on compliance with an approved preliminary PDH plan and any modifications required by the Commission and Council at the time the land was zoned to OPD-H.  After approval of the final plan, permits may be issued to carry out the approved plan.  Material changes to an approved PDH plan must be approved by ordinance in accordance with the procedures set forth in subsection 4 of this Section.  Material changes are the same as those specified in subsection 6 of this section.

12.   Building Permits.  The final plan, or parts thereof as finally approved, shall be filed in the Building Official’s office and building permits may be issued only for structures conforming to the PDH plan.  Minor changes in building arrangements that do not substantially alter the character of the development are allowable without further Council action.  Any other changes, including changes in street locations, land use and building arrangements, shall be considered as a material change to the approved plan, to be approved as amendments in accordance with the procedures set forth in subsection 4 of this section.  In the event commercial uses are approved as a part of a planned development, no building permit for a commercial use shall be issued until a minimum of twenty-five percent (25%) of the housing units planned for the area (or approved sub-area) have been completed or unless twenty-five percent (25%) of the housing units planned for the area (or approved sub-area) will be built simultaneously.  (Separate building permits shall be obtained by the developers for the construction of housing and commercial uses where separate buildings are to be used.)  The type of commercial use shall be compatible with the surrounding residential development.

13.   Existing OPD-H Developments (Formerly Referred to as Residential Planned Unit Development (R-PUD).  Any planned developments in existence or with an approved plan for development at the time of passage of the ordinance codified in this chapter which are zoned R-PUD (OPD-H) by the adoption of this chapter shall be considered as having met all of the requirements of this chapter.  All new construction, which is not covered by a plan previously approved by the City, within any OPD-H Zone after the effective date of the ordinance codified in this chapter must be in compliance with the provisions of this chapter.