Zoneomics Logo
search icon

Oxford City Zoning Code

CHAPTER 1145

Planned Developments

1145.01 PURPOSE.

   (a)   Purpose. Planned developments incorporate land uses and development patterns that are intended to permit and encourage creative and flexible land development that is not permitted by-right under the administrative regulations of underlying zoning districts. The planned development is particularly well suited to address two distinct goals of the Comprehensive Plan: to provide for environmentally sensitive and cohesive developments that are an attractive alternative to traditional subdivision and infill development that fully utilizes available land and existing utility resources where they already exist.
      (1)   Planned developments share these common goals:
         A.   Protect the neighbors of a planned development and the City in general to at least the same degree normally inherent in the Zoning Code.
         B.   Produce a development equal to or better than that resulting from single-use or traditional subdivision
         C.   Facilitate the construction of a variety of dwelling types to serve Comprehensive Plan goals of diverse and affordable housing.
         D.   Have a site and situation that permits comprehensive planning both on the site and relative to its immediate surroundings
         E.   Result in a design in which the placement, height, and uses of buildings, vehicle management areas, and open spaces efficiently utilize potentials of the site
         F.   Include covenants, easements, and other private measures that will help ensure the long-term administrative viability of a development
         G.   Be functional within a time period that helps ensure a viable development
         H.   Minimize removal or destruction of existing natural features such as mature trees
      (2)   Infill development also satisfies the following goals:
         A.   Fully utilize sites that could not be fully utilized because of their shape or because of their location relative to available public access.
         B.   Increase geographic efficiencies of existing utilities such as public streets, water, sewer, electric, telephone, and cable by using them where they are already available.
         C.   Help keep development from sprawling to and beyond the municipal boundaries of Oxford.
      (3)   Open Space development also satisfies the following goals:
         A.   Retain natural areas and landscapes.
         B.   Protect environmentally sensitive land and water features.
         C.   Retain or create active and passive open spaces that serve the recreation needs of the development or the City generally.
         D.   Lessen the land area devoted to vehicle management.
         E.   Preserve natural scenic views that contribute to the Oxford setting.
            (Ord. 3562. Passed 5-5-20.)

1145.02 APPROVAL REQUIREMENT.

   Each planned development shall be approved according to the provisions of this chapter.
(Ord. 3520. Passed 3-19-19.)

1145.03 EFFECT OF APPROVAL.

   A planned development shall be valid only for the specific land uses, location, physical arrangement, and covenants and restrictions approved in a final plan.
(Ord. 3520. Passed 3-19-19.)

1145.04 PROCEDURE.

   Applications for a planned development shall be filed with the Zoning Administrator. An application shall be complete prior to being scheduled for a public hearing. An application will be considered complete only if the Zoning Administrator is satisfied that all of the materials required by this chapter are included and are sufficient in their content to satisfy the intent of the application requirements.
   (a)   Pre-application Conference. Prior to filing a formal application for approval of planned development, the developer shall request a pre-application conference with the Zoning Administrator. The purpose of such conference is to allow the developer to present a general concept of this proposed development prior to the preparation of detailed plans. For this purpose, the presentation shall include, but not be limited to, the following:
      (1)   Written letter of intent from the developer establishing developer's intentions as to development of the land.
      (2)   Topographic survey and location map.
      (3)   Sketch plans and ideas regarding water supply, sewage disposal, surface drainage, and street improvements.
      (4)   The Zoning Administrator shall advise the developer of applicable zoning requirements and Comprehensive Plan elements and the procedural steps for approval. (Ord. 3520. Passed 3-19-19.)

1145.05 APPLICATION.

   The application requirements for a preliminary and final planned development are different. The final planned development application requires a greater degree of accuracy and completeness than does the preliminary planned development application. This section describes the application content requirements for each step of the process.
   Thirteen (13) complete sets of all information shall be submitted with each preliminary and final application. The Zoning Administrator may modify this requirement based upon the type of materials included. The applicant shall contact the Zoning Administrator prior to submitting an application to discuss the submission requirement.
   If any information is submitted in color or on non-standard paper, more copies may be required. (Ord. 3520. Passed 3-19-19.)
   (a)   Preliminary Plan.
      (1)   Application fee.
      (2)   The name, mailing address, and telephone number of the applicant and all property owners.
      (3)   If the applicant is not the owner, or if there are multiple owners within the proposed area, a statement from all owners that the applicant is entitled to apply on their behalf, and that they agree to be legally bound to any decision reached according to this Chapter.
      (4)   The name, mailing address, and telephone number of any planner, engineer, surveyor, or other design professional who assisted with preparation of the plans.
      (5)   Description of use and site.
A written, detailed description shall include the following information. A separate response is required for each subsection.
         A.   A legal description of the site, including all separate lots.
         B.   A description of the existing uses of the site.
         C.   The zoning districts in which the site is located.
         D.   A description of the proposed planned development.
            1.   The number of housing units by size and type proposed within each phase.
            2.   A description of any nonresidential operations, including type of goods sold, services performed, and expected number of customer, clientele, delivery, and service vehicles.
            3.   The hours of operation of any nonresidential use.
            4.   A phased development schedule, if applicable, that indicates the location and timing of phases and demonstrates that each completed phase would form a reasonably independent unit if succeeding phases were abandoned.
         E.   A narrative statement that evaluates the compatibility of the proposed planned development with the general vicinity and adjacent properties.
            1.   How the proposed uses are similar to or different from existing area uses and if there will be any interaction between the proposed site and adjacent sites.
            2.   How any existing structures, proposed structures, and the site design relate to adjacent structures and sites.
            3.   If the proposed uses will involve any operations that create potential nuisances such as excessive noise, lighting, odor, fumes, vibration, or emissions.
            4.   How any potential negative effects on adjacent land will be mitigated.
         F.   A statement about why the location proposed is appropriate for the planned development.
         G.   A statement of the necessity or desirability of the proposed planned development to the neighborhood or community.
         H.   How the proposed mix of dwelling types and/or commercial uses advances community goals of diversity, affordability and market changes (e.g. adaptability of flats versus townhomes)
         I.   Proposals for the provision of public utilities and services, if insufficient or not available for the planned development, or for the provision of suitable private utilities and services.
         J.   A general analysis of expected traffic impact, including vehicular and pedestrian safety, resulting from the proposed development.
         K.   The substance of proposed covenants, easements, and other restrictions on the land and structures.
         L.   A list of the names and mailing addresses of all landowners within 200 feet of the site.
         M.   Such other information regarding the proposed uses, site design, or surrounding area as may be pertinent to the application or required by Planning Commission or Council.
      (6)   Site plan. A scaled site plan prepared by a surveyor or engineer licensed in the state of Ohio shall include the following information in detail. The required information may be submitted on multiple site plans if inclusion of all information on a single plan makes it illegible or difficult to understand.
         A.   North arrow.
         B.   Scale.
         C.   Vicinity map.
         D.   All existing and proposed lot lines within the site.
         E.   Dimensions of all lots and of the entire site and any adjacent rights-of-way.
         F.   The location and intended purpose of all open spaces
         G.   Approximate location, height, dimensions, and use of all proposed and existing structures.
         H.   Approximate location and number of different uses (i.e. dwelling types and/or commercial uses).
         I.   Approximate location and design of all proposed vehicle and pedestrian routes and nonresidential vehicle management areas.
         J.   Approximate location and size of all existing and proposed utilities that will serve the planned development.
         K.   Approximate location, size, and type of all proposed signs.
         L.   Approximate location, height, and type of all proposed screening and landscaping.
         M.   Distances to residential zoning districts if within 1,000 feet.
         N.   The use of land and location of structures on adjacent property and across adjacent rights-of-way.
         O.   The location of any nearby schools and commercial facilities.
         P.   Other information as required by the Planning Commission or Council.
      (7)   Landscape plan.
         A.   The plan shall demonstrate compliance with the requirements of Chapter 1148.
      (8)   Elevations. Elevations of proposed structures or typical elevations if structures are not yet designed.
      (9)   Other. Photographs of the existing site and its surroundings.
      (10)   Digital Submittal. Adobe PDF version of all information submitted to also be submitted on a current digital format.
         (Ord. 3562. Passed 5-5-20.)
   (b)   Final Plan.
      (1)   The same items and information as required for the preliminary plan, except that the approximations shall be refined to specific locations, dimensions, and descriptions.
      (2)   A detailed traffic impact analysis, including all modes of transportation, prepared by a qualified professional engineer
      (3)   Any additional description or information requested by the Planning Commission or Council during the preliminary plan approval process.
      (4)   Detailed agreements, contracts, deed restrictions, and sureties that will be used to guarantee performance of the development during and after construction. (Ord. 3520. Passed 3-19-19.)

1145.06 PLANNING COMMISSION AND COUNCIL REVIEW.

   A preliminary plan shall be approved prior to approval of a final plan, although the processes can be concurrent for small, single phase developments. Both preliminary and final plan approval require a Planning Commission recommendation and Council approval.
   The Planning Commission shall base its review of a proposed planned development upon the complete application, upon any staff report, and upon any relevant and credible public comment presented during the public hearing. Council shall base its decision on the same materials and shall also consider the Planning Commission recommendation.
   The general decision standards for approval of a preliminary and final planned development are substantially similar. The final plan requires greater detail and is subject to additional decision standards.
   If, at any time, the Planning Commission or Council finds that the information provided is insufficient to make a determination, it may suspend its review until sufficient information has been provided.
   (a)   Burden of Proof. Planning Commission has no obligation to recommend approval and City Council has no obligation to approve a planned development. This Zoning Code assumes that a planned development is appropriate only if an applicant proves that the proposed uses and design will not be detrimental to the public health, safety, or general welfare of the City or the neighborhood in which it is proposed.
      Applicants shall prove that potential negative impacts of elements such as location, size and extent of facilities and operations, site design, traffic generation, site access, and potential impact upon public facilities will be adequately mitigated.
      (Ord. 3520. Passed 3-19-19.)
   (b)   General Decision Standards. All planned developments shall satisfy these general decision standards:
      (1)   The proposed planned development is in fact permitted in the zoning districts in which it is proposed.
      (2)   If the application is for the same site where a planned development application has been denied within one year, the plan is substantially different from the application so denied.
      (3)   The uses and site plan will satisfy the general intent of this Zoning Code.
      (4)   The uses and site plan will be compatible with the general intent of the Comprehensive Plan.
      (5)   The size and shape of the site are sufficient for the proposed planned development.
      (6)   The use will not be hazardous or disturbing to existing or potential future neighboring uses that are permitted in the zoning district.
      (7)   The use will not involve activities, processes, materials, equipment, or conditions of operation that will be detrimental to any person, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, or other emissions.
      (8)   Accessory uses will be directly related to the operation of the principal uses and will not be operated independent of the principal uses.
      (9)   The use and site will be adequately served by public facilities and services such as streets, water and sewer, drainage structures, police and fire protection, and refuse disposal, or adequate provisions will be made to provide the same services privately.
      (10)   Development of the site and operation of the use will not require substantial public expenditure for additional infrastructure or services.
      (11)   The site will be designed, constructed, and maintained in a character harmonious in appearance and general character with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area. Structures to be constructed, reconstructed, or altered in a residential zoning district shall have the appearance of residential buildings permitted in the zoning district.
      (12)   The site is designed so that on-site traffic and traffic accessing the site will not adversely impact the movement or safety of all modes of traffic on adjacent public streets.
      (13)   Proposed construction will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
      (14)   Proposed construction will not result in the complete elimination of existing mature tree canopy. Effort shall be made to direct disturbance and construction around or away from existing mature tree canopy without completely taking away use of the site or connectivity to existing infrastructure. (Ord. 3562. Passed 5-5-20.)
   (c)   Additional Final Plan Decision Standards.
      (1)   The final planned development shall substantially conform to the preliminary plan.
      (2)   Any substantial changes from the preliminary plan improve the plan or were requested by Planning Commission or Council as a part of the preliminary plan approval process.
      (3)   If the final plan seeks approval of only a portion of the approved preliminary plan, the elements of the proposed phase are sufficient to stand alone if the remainder of the planned development is abandoned.
         (Ord. 3520. Passed 3-19-19.)

1145.07 ACTION BY PLANNING COMMISSION AND COUNCIL.

   (a) The Planning Commission shall recommend to Council approval, approval with conditions, or denial of an application as presented and shall clearly state the findings upon which its recommendation is based.
   (b)   The Planning Commission shall base its recommendation and Council its decision upon how well the application satisfies the Decision Standards. Planning Commission, in its recommendation, and Council in its decision may waive or modify dimensional regulations of the Zoning Code, or impose more strict regulations and any additional conditions, guarantees, and safeguards it deems necessary to satisfy the purposes of this Zoning Code. Dwelling unit density cannot be waived.
   (c)   Council may require the developer to file performance bonds with the City to guarantee completion of any public utilities associated with the planned development and any elements of the plan that are necessary to its success, if abandoned by the developer.
(Ord. 3520. Passed 3-19-19.)
 

1145.08 RECORDING, PERMITS, AND OCCUPANCY.

   (a)    Recording.
      (1)   An approved final plan must be filed with Butler County in legal instruments acceptable to the Law Director to ensure that all property divisions, rights-of-way, easements, covenants, restrictions, agreements, and the like are bound upon the land and its owners before any development permits are issued. All instruments so recorded shall bear the signatures of the Clerk of Council, the City Engineer, and the Zoning Administrator.
      (2)   Any performance bonds required to guarantee the performance of the development during and after development shall be accepted by the City Clerk before any development permits are issued.
   (b)   Building Permit.
      (1)   No development permits shall be issued until a Final Plan has been approved by the City and recorded as described in this Section.
      (2)   Construction permits shall not be issued unless the plans substantially conform to those approved by Council or changes to the plans are mandated in accordance with the provisions of this Chapter. Any changes to a planned development that are not approved by the Zoning Administrator shall constitute a violation of the Zoning Code.
   (c)   Building Use or Occupancy.
      (1)   No building use or occupancy will be permitted until all public utilities and streets have been accepted by Council, any private facilities that serve the same purposes have been approved by the Service Director, and all aspects of the final plan have been fulfilled to the satisfaction of the Zoning Administrator. (Ord. 3520. Passed 3-19-19.)

1145.09 PERIOD OF VALIDITY.

   (a)   Preliminary Plan. A preliminary planned development approval shall be valid for two (2) years. If an application for a final planned development has not been filed within two (2) years, the preliminary planned development approval is considered null and void. If the scope of the approved preliminary plan has not changed and the proposed use and site plan still satisfy the decision standards, the Planning Commission shall grant a one (1) year extension. No more than two (2) extensions shall be granted.
   
   (b)    Final Plan. A final planned development approval shall be valid for one (1) year. If an approved final planned development has not been substantially established within one (1) year of its approval, or if construction falls more than one (1) year behind the approved schedule, the Zoning Administrator shall consider the approval null and void and shall not issue any additional permits for the development. If the scope of the approved final plan has not changed and the proposed use and site plan still satisfy the decision standards, the Planning Commission shall grant a one (1) year extension. No additional extensions shall be granted for the final planned development.
 
   (c)   Extension Procedure. No application materials are required; however, the Zoning Administrator may request information he or she deems necessary for the Planning Commission to make a decision. The Planning Commission shall consider the request at its next regularly scheduled meeting. Such requests will not require a public hearing.
(Ord. 3520. Passed 3-19-19.)

1145.10 CHANGES TO A PLANNED DEVELOPMENT.

   (a)   Minor Changes to an Approved Final Planned Development. The developer of an approved final planned development may submit a written request for approval of changes to the plan or development schedule. The Zoning Administrator and the Planning Commission Chair together may administratively approve changes to a planned development if such changes:
      (1)   Do not change the use
      (2)   Are of a magnitude that will not substantially alter the appearance of the development from off of the site
      (3)   Will not substantially or detrimentally affect the provision of public services to the site or general vicinity
      (4)   Will not substantially or detrimentally increase potential demand on public or private utilities
      (5)   Are not of a scope, scale, or character, that would cause a negative impact on adjoining properties and neighborhood
      (6)   Are not contrary to and in no way diminish the intent of the originally approved plan
   Administrative approvals shall be clearly documented, made part of the original final planned development on file, and the details of any such changes shall be reported to the Planning Commission at its next regularly scheduled meeting.
   (b)   Major Changes to an Approved Planned Development. Any proposed changes to an approved planned development that do not meet the criteria of a minor change are considered a major change. A major change requires an entirely new preliminary planned development application (including the fee), according to the provisions of this chapter.
   (c)   Changes to a Planned Development not Procedurally Approved. An existing planned development that was not approved according to the provisions of this Chapter and was never approved by a legislative, quasi-judicial, or administrative review, and that was legal at the time of its establishment is considered an approved planned development and is subject to the provisions of this chapter. (Ord. 3520. Passed 3-19-19.)

1145.11 REAPPLICATION.

   (a)    No application for a planned development that is substantially similar to an application that has been denied, wholly or in part, shall be accepted for one year from the date of denial. The Zoning Administrator shall determine if a similar application differs enough to be considered a different application and not subject to this section. The Zoning Administrator may consider factors such as the nature or size of a proposal, changes in the development or traffic patterns of the area, or newly discovered evidence pertinent to a decision on a previous application. (Ord. 3520. Passed 3-19-19.)

1145.12 DESIGN.

   (a)    Arrangement. The physical arrangement of a planned development is not subject to the specific dimensional regulations that apply in the underlying zoning district, except as specifically noted in this Chapter. Land uses may be distributed throughout the site and throughout individual buildings in whatever manner is best suited to a particular planned development. Structures, vehicle management areas, open spaces, landscaping, and other elements may be distributed throughout the site in whatever manner is best suited to a particular planned development and the surrounding area.
   (b)    Land Area. A planned development shall be a minimum of one (1) contiguous acre or more.
   (c)   Land Use.
      (1)   The following land uses are permitted in proportion to those portions of a planned development that overlay an existing residential zoning district:
         A.    Any land use permitted in any residential zoning district in this Code, except Mobile Homes.
                  B.    Institutional, public, and semi-public land uses that serve the planned development or the general public.
                  C.    Commercial land uses, if the total land area of the planned development is greater than 10 acres and if the commercial land use is intended to serve the planned development only.
          Such commercial land uses shall be limited as follows:
         1.   No signs that are visible from outside of the development.
         2.    No direct vehicular access to a public thoroughfare.
         3.   No less than ninety-five percent (95%) of the total land area shall be devoted to residential land uses.
         4.   No separate structure intended to be used, in whole or part, for commercial land uses shall be constructed prior to the construction of not less than fifty percent (50%) of the dwelling units.
      (2)   The following land uses are permitted in proportion to those portions of a planned development that overlay an existing commercial zoning district:
         A.    Any land use permitted in the underlying zoning district.
         B.    Any land use permitted in any residential zoning district in this Code, except Mobile Homes.
      (3)   The following land uses are permitted only in the portions of a planned development that overlay an existing industrial zoning district:
         A.   Any land use permitted in the underlying zoning district.
      (4)   The land uses permitted in a planned development may be distributed as follows:
         A.   If a single planned development overlays more than one zoning district, then the land uses permitted according to this Section may be distributed throughout the entire planned development site.
         B.   If a planned development includes land uses permitted only in an industrial zoning district, then those land uses may only be located in that portion of the planned development that overlays the industrially zoned land.
   (d)   Residential Density. Residential density shall not exceed 110 percent of the density permitted in the underlying zoning district. Residential land uses in a planned development that overlays a commercial zoning district shall not exceed the density of the R1B Single-Family Medium-Density Residential Zoning District. Area devoted entirely to non-residential land uses, including buildings, vehicle management areas, and other associated land use elements shall be excluded from the area used to calculate residential density.
   (e)   Dimensional Regulations.
      (1)   Building Heights shall be limited as in the underlying zoning district, regardless of land use.
      (2)   Front setbacks shall be limited as in the underlying zoning district.
      (3)   All buildings and vehicle management areas shall be setback from the perimeter of a planned development no less than:
         A.    Residential zoning district - 25 feet.
                  B.    Commercial zoning district - 25 feet.
                  C.    Industrial zoning district - 50 feet.
   (f)    Open Space.
            (1)    No planned development shall have less than twenty percent (20%) open space, which includes any area not less than fifty (50) by fifty (50) feet, not including the required setbacks, and includes nothing other than natural area.
            (2)    Lot coverage shall be regulated according to the underlying zoning district, except that lot coverage for the residential portion of any planned development shall not exceed forty percent (40%).
   (g)    Sensitive Development Area.
            A.   A Sensitive Development Area is defined as any land(s) or soil(s) proposed to be developed that, if subjected to improper use or management, is otherwise determined to be incapable or unsuitable of urban use. Sensitive Development Areas can also be considered those lands that pose special hazards to development or the environment, consisting of lands or soils of such sensitive character that they may require special use, design and engineering restrictions.
            B.   For the Preliminary Planned Development, the applicant must create an inventory of sensitive environmental area identified in subsection (g)D.(1) to (8) from publicly available resources such as Butler County Soil and Conservation District, OKI, OEPA, ODNR, HAPC, FEMA, USFWS, OHPO and other public entities. This information shall be provided with the preliminary application. Design of the site shall be based on site information obtained from those public entities. An existing landscape plan shall be submitted with each application. The landscape plan shall identify existing trees, natural features and other landscaping elements.
            C.   After the approval of the Preliminary Planned Development, the applicant must develop a detailed site analysis of sensitive environmental areas on the site, conducted by firm(s) specialized in the areas, at a minimum: Ecological Survey, and Environmental Site Assessment. Other documentation may be required based on the site and the discretion of the Planning Commission, including, but not limited to: Stream and Wetland Mitigation, Water Way Permits, Archaeological Inventory, Historic Architecture Inventory. The applicant must also provide reports of the analyses following current professional norms for the discipline. It will be the Planning Commission's role to review information submitted by the applicant on each discipline to make the recommendations to City Council.
      D.   Design of the proposed Planned Development site shall be based on the site information obtained from those public entities. To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alterations of natural features. The following specific areas shall be preserved as undeveloped open space, and in accordance with the U.S. and Ohio Constitutions and state or federal regulations:
         (1)   Unique and/or fragile areas, including wetlands, as may be defined in Section 404, Federal Clean Water Act, as amended; and in Ohio Environmental Protection Agency standards.
         (2)   Land in the floodway as identified and mapped using the Federal Emergency Management Agency's Flood Hazard Boundary Maps. Federal Emergency Management Agency in scientific and engineering reports entitled 'Flood Insurance Study for Butler County, Ohio and Incorporated Areas' effective 12/17/2010, with accompanying Flood Insurance Rate Maps for Butler County, Ohio and Incorporated Areas effective 12/17/2010 and any revisions thereto are hereby adopted by reference and declared to be part of this chapter.
            a.   100 foot natural buffer shall be maintained adjacent to all permanent and natural surface waters, springs, and wetlands. Development of this area is regulated as follows:
               1.   Natural vegetation shall be maintained.
               2.    No structures shall be built or improvements made, except as follows:
                  (a)   Walking paths, bicycling paths, and the like, including infrastructure necessary to facilitate their development are permitted anywhere within the buffer.
                  (b)   Roads and associated infrastructure are permitted in the buffer to facilitate crossing such water elements.
                  (c)   Any improvements approved in a final plan.
                  (d)   Any public safety or public utility improvements not associated with the planned development, but deemed necessary by the Service Director, Police Chief or Fire Chief.
         (3)   Steep slopes fifteen (15%) percent or more, unless appropriate engineering measures concerning slope stability, erosion, and resident safety are taken into account.
         (4)   Habitats of endangered wildlife, as identified on federal and state lists.
         (5)   Historically and culturally significant structures and sites, as listed on, but not limited to, the National Register of Historical Places or on the local inventory of historic places maintained by the City of Oxford's Historic Architectural Preservation Commission.
         (6)   Aquifers and tributary drainage systems.
         (7)   Tree growth areas or urban forested areas as defined in Chapter 935, of the Codified Ordinances of Oxford.
         (8)   Any area as identified on Map 3.3 of the Comprehensive Plan.
      E.   The development shall be laid out to avoid adversely affecting groundwater and aquifer recharge; to reduce excavation and embankment; to avoid unnecessary impervious cover; to prevent flooding; to provide adequate access to lots and sites; and, to mitigate adverse effects of noise, odor, traffic, drainage, and utilities on neighboring properties.
         The placement of buildings shall take into consideration topography, building height, orientation and drainage. Storm water Best Management Practices in Low Impact Development Designs are desirable and encouraged. City guidelines for these practices and designs can be found in the City of Oxford Storm Water Management Design Manual
      F.   If the Planning Commission, or its designated representative, may require the applicant to submit a statement in order to demonstrate that satisfactory efforts have been made to mitigate any special hazards posed to the site if these sensitive lands are subjected to improper use or management. The statement, if required, shall be submitted in one or more of the following forms:
         (1)   The statement shall describe in detail the extent of encroachment on any Sensitive Development Area, the extent and nature of the proposed alteration, the environmental impacts resulting from the proposed alteration, and the proposed methods of mitigation.
         (2)   A Geotechnical Report and/or a Wetlands Assessment/Delineation, prepared by a professional engineer, licensed in the State of Ohio, or by a specialist in Streams and Wetland. This report can be in lieu of a development narrative.
   (h)   Landscaping and Screening.
      (1)   A planned development shall satisfy all landscaping elements required by other sections of this Code.
      (2)   The required perimeter setback area shall be retained in natural woods or suitably landscaped with grass, ground cover, shrubs, trees, or earthen mound.
      (3)   A planned development that overlays a commercial or industrial zoning district that is adjacent to a residential zoning district shall be screened from the residential zoning district by a dense evergreen hedge a minimum of eight (8) feet tall and ten (10) feet wide at planting and that will maintain at least ninety percent (90%) opacity over time.
   (i)   Access and Mobility.
      (1)   At residential densities greater than would be permitted in the R-1A District, have direct and principal access from a collector or arterial road.
      (2)   Bicycle rack spaces shall be provided at all planned developments that overlay a commercial zoning district at a rate of three (3) per acre.
      (3)   Adequate pedestrian connectivity shall be provided to and through a planned development.
   (j)   Utilities and Infrastructure. Electric and telephone facilities, street light wiring, and other wiring conduits and similar facilities shall be located underground.
         
   (k)   Plan-Specific. Any other design elements deemed necessary by Planning Commission and Council to ensure that a planned development satisfies the decision criteria of this Chapter. (Ord. 3520. Passed 3-19-19.)