The purpose of the City Center Overlay – Development Agreement (CCOZ-DA) Zone is to allow flexibility in the strict application of the City Center Overlay Zone Design standards given particular site conditions and opportunities for additional development of public benefits such as additional public parking or open space or the provision of affordable housing, while adhering to the goals of the City Center Master Plan. The application of the development agreement concept is intended to advance the goals of the Millcreek City Center Master Plan and to further the purpose and intent of the City Center Overlay Zone, thus ensuring substantial compliance with the intent of zone regulations and other provisions of this title related to public health, safety, and general welfare, and at the same time securing the advantages of large scale site planning for mixed use development appropriate in Millcreek’s City Center.

The City Council may approve a CCOZ-DA zone upon receiving a recommendation from the Planning Commission regarding adoption of the zone and a development agreement. Once a CCOZ-DA zone is established over a particular property, the provisions of this chapter shall apply to all property located within the CCOZ-DA zone as shown on the official zoning map. Development Agreements are entered into and approved at the sole discretion of the City. The following developments are eligible for a CCOZ-DA.

1. Buildings that do not exceed 150 feet in length or 100 feet in depth.
2. Buildings of any size that provide one of the following public benefits as part of a CCOZ-DA. Public benefits include but are not limited to:
   1. Publicly Accessible Open Space. This open space shall comprise the minimum of ten percent of the lot area of 1,000 square feet and be integrated with landscaping, seating, and pathways, in addition to the open space and plaza requirements as set forth in MKZ 18.47.070 (I). Design of any publicly accessible open space shall comply with the requirements for Open Space and Plazas as set forth in MKZ 18.47.070 (I).
   2. Publicly Accessible Parking. Parking shall consist of at least 100 spaces and shall be publicly accessible for commercial customers and visitors attending public events on Millcreek Common.
   3. Affordable Housing. A multiple-household dwelling or mixed use building that provides at least 20 percent of units as affordable housing at up to 80 percent of the County Area Median Income. To qualify, the building must receive an affordable housing incentive as set forth in MKZ 18.78, Affordable Housing Incentives.
3. The following areas of the City Center Overlay Zone are not eligible for a CCOZ-DA:
   1. Any property with frontage on Highland Drive north of Chambers Avenue.
   2. Any property with frontage on 3350 South, Crescent Drive, or Woodland Avenue east of Highland Drive.
4. The following standards of the City Center Overlay Zone are not eligible for a CCOZ-DA.
   1. Sign standards
   2. Maximum or minimum building height requirements.

The uses allowed on any lot in the CCOZ-DA zone shall be the same uses allowed in the underlying zone in which the lot is located. Allowed uses may be restricted or modified by development agreement conditions. Allowed uses may not create a nonconforming use or noncomplying structure.

The use and development of property within a CCOZ-DA zone is also subject to other applicable chapters in the zoning ordinance including but not limited to: MKZ 18.47 City Center Overlay Zone, MKZ 18.61, Sensitive Lands, MKZ 18.62, Floodplain Hazards Mitigation, MKZ 18.63, Parking and Mobility Standards, MKZ 18.64, Landscape Standards, and MKZ 18.65, Signs.

1. Pre-Application Consultation. Prior to submitting a complete application, an applicant shall hold a pre-application consultation with representatives of the City.
2. Neighborhood Meeting. At least one week prior to submitting a complete application, an applicant shall conduct a neighborhood meeting in accordance with MKZ 18.14.030.
3. Joint Work Session of the Planning Commission and City Council. Prior to submitting a complete application and after conducting a neighborhood meeting, an applicant shall schedule with the City a joint work session of the Planning Commission and City Council. The purpose of the joint work session will be to discuss the proposed project and potential Development Agreement in conceptual detail.

1. The use and development of land located in the CCOZ-DA zone shall be approved according to applicable administration and development review procedures applicable to the underlying zone set forth in this title except as modified by this chapter. Variations from applicable development standards of the City Center Overlay Zone may be approved pursuant to the provisions of this chapter.
2. A schematic site plan shall be submitted and considered concurrently with an application for approval of a rezone to the CCOZ-DA zone. The schematic site plan shall be considered pursuant to provisions and application process set forth in MKZ 18.15.010 (C) and MKZ 18.15.010 (D), except as modified by this section.
   1. The schematic site plan shall show generally, building elevations, architectural elements, building materials, building height, open space, parking, residential unit types, commercial space layouts, landscaping, pedestrian and traffic circulation, drainage, utility layouts, and proposed improvements to public spaces; and
   2. If the development is proposed to be developed in phases, the preliminary site plan shall also show phase boundaries. Each phase shall be of such size, composition, and arrangement so that construction, marketing, and operation of each phase is feasible as a unit, independent of any subsequent phases.
   3. A development shall be in single ownership and control or under option to purchase by an individual or a corporate entity at the time of application, or the application shall be filed jointly by all owners of the property.
   4. As part of the Schematic Site Plan Approval, the City at its sole discretion may obtain recommendations from various consultants, including but not limited to: a qualified traffic and parking consultant, and a designer with demonstrated expertise in urban design and placemaking. Consultant services shall be commissioned by the City and paid for by the applicant. The recommendations of these consultants shall be forwarded to staff and the Millcreek Planning Commission and City Council as part of an application for a CCOZ-DA zone approval.
   5. Upon receiving professional recommendations from various consultants, and upon completion of the application process for a zoning map amendment and development agreement approval as set forth in MKZ 18.15.010 (C) and MKZ 18.15.010 (D), the Planning Commission shall make a recommendation to the City Council regarding a complete application for a CCOZ-DA rezone and development agreement. The Planning Commission shall approve, approve with conditions, or disapprove the completed application, consisting of, but not limited to, the preliminary site plan and draft development agreement for the property where the development is proposed to be located. At the same time, the Planning Commission will make a recommendation to the City Council to adopt, adopt with conditions or not adopt the rezone of the subject property to the CCOZ-DA Zone. Planning Commission approval of a schematic site plan shall not be effective unless and until CCOZ-DA rezone is approved by the City Council.
3. Initial Review. In considering an application for a CCOZ-DA, the schematic site plan and proposed development agreement may be modified by the City to meet the intent and requirements of this Chapter and may include regulations and standards other than those proposed by the petitioner.
4. Review of Reasonably Anticipated Detrimental Effects. Staff will assess the application to determine if any potential detrimental effects require mitigation to include the list of potential issues and standards in MKZ 18.61, Sensitive Lands that may need to be addressed and mitigated.
5. City Council Review and Required Findings. Submittal of an application for the VCSD zone does not guarantee the application will be approved. A zoning map amendment may be approved only if the City Council, after receiving a recommendation from the Planning Commission, finds that the proposed VCSD zone and the associated schematic site plan:
   1. Does not conflict with any applicable policy and guidance of the General Plan;
   2. Will allow integrated planning and design of the site and, overall, better development than would be possible under the strict application of the City’s zoning ordinances;
   3. Does not adversely impact existing public utilities, including but not limited to power, gas, telecommunications, storm water, culinary water, or sanitary sewer.
   4. Arranges buildings, structures, and open spaces in a manner that minimizes reasonably anticipated detrimental effects on abutting properties and surrounding neighborhoods.
6. Map Designation. If a CCOZ-DA application is approved, each CCOZ-DA shall be given a unique name following the designation "CCOZ-DA-XXXX" and shall be independent of any other CCOZ-DA zone.
7. Amendments. Amendments to a CCOZ-DA zone, including modifications to a Schematic Site Plan, shall be obtained by following the same procedure required for the original approval.
8. Development Agreement. In adopting a CCOZ-DA, a Development Agreement shall be required. Development Agreements require approval by the City Council as set forth in MKZ 18.15.010 (D).

1. The development standards for any lot in the CCOZ-DA zone shall be the same as in the underlying zone in which the lot is located except as modified by this chapter and an approved site plan and development agreement.
2. As part of a preliminary site plan approval for a CCOZ-DA, the applicant shall incorporate design enhancements to the building. Design enhancements may be proposed by the applicant or may be included by the City as part of an approval of a preliminary site plan and development agreement. Design enhancements include but are not limited to:
   1. Façade Modulation
      1. Incorporate façade plane projections or recessions at least 3 feet deep and spanning at least 25% of the building width.
      2. Offset building volumes where different sections of the building extend or retract by at least 5 feet.
      3. Vertical breaks in massing at least every 40 feet of building frontage.
   2. Roofline Variation and Step-Downs
      1. Incorporate a minimum of two different roof heights of at least one story.
      2. Incorporate a step-down in height of at least 10 feet for 30% of the building frontage.
   3. Permeability and Open Space Integration
      1. Incorporate a courtyard or breezeway on the ground story, open to pedestrians.
      2. Incorporate a ground story arcade or covered pedestrian passage of at least 10 feet in width and 30 feet in depth.
      3. Incorporate a publicly accessible pocket park or additional plaza integrated into the building footprint, of at least 500 square feet.
   4. Upper Story Façade Transparency and Balconies
      1. Upper stories must feature at least 50% window coverage to create depth and avoid blank walls.
      2. Upper stories must feature projecting or recessed balconies for at least 50 percent of residential units or hotel rooms to create variety and break up massing.
   5. Diagonal Building Corners and Notches
      1. Must integrate angled or stepped-back corners at intersections to soften massing at key street frontages.
      2. Must integrate deep façade notches (minimum 6 feet deep) placed at regular intervals.
      3. Must integrate chamfered or curved building edges to reduce blocky forms.
   6. Shadow and Light Articulation
      1. All windows shall include a minimum 6-inch recess from the façade plane to create shadow lines.
      2. Incorporate horizontal ledges or overhangs between each story.
      3. Incorporate large sculptural elements into a street-facing façade of a building, including exposed framing, screens, or shading devices.
   7. Staggered or Clustered Massing
      1. Vary the building mass by incorporating secondary building volumes of different heights.
      2. Incorporate sections of the building that are offset by at least 5 feet in different directions.
      3. Incorporate a mix of flat and sloped rooflines to create a non-uniform profile.
   8. Streetscape Enhancements
      1. Include an additional 10 feet of sidewalk along the entire frontage beyond what is required for the streetscape requirements as set forth in MKZ 18.47.060. Additional sidewalk width shall incorporate street trees, lighting, and pedestrian amenities.
      2. Include a public plaza or open space of at least 500 square feet, in addition to the open space and plaza requirements as set forth in MKZ 18.47.070 (I). Design of any publicly accessible open space shall comply with the requirements for Open Space and Plazas as set forth in MKZ 18.47.070 (I).
   9. Architectural Massing and Material Variation
      1. Exterior building materials used shall consist of a minimum of 100 percent brick or stone excluding windows. Precast masonry is allowed for trim and cornice elements only.
      2. Include significant material variation across the facade, using a mix of at least three high-quality stone or brick-based materials. Native stone or synthetic equivalent is allowed.
      3. Include vertical and horizontal façade articulation with changes in the building plane of at least every 30 feet.