[Ord. No. 1010, 12-9-2021; Ord.
No. 1016, 2-24-2022]
The following regulations shall apply to every lot, tract, parcel
or building site in the Planned Development Area ("PDA").
[Ord. No. 1010, 12-9-2021; Ord.
No. 1016, 2-24-2022]
A. Purpose.
The purpose of the planned development area district is to provide
a means of achieving a greater flexibility in development of land
in a manner not possible in conventional zones; to encourage more
imaginative and innovative design of projects; to promote a more desirable
community environment; to embrace, promote, preserve and enhance the
public and private urban forest; and to retain maximum control over
both the structure and future operation of the development. The planned
development district serves to preserve existing natural features,
scenic qualities or existing open and wooded spaces and adapt the
development to existing land features.
B. Mapped District. The "PDA" designation is not intended to be attached to existing use districts as an overlay. The "PDA" designation as detailed in this Section is a separate use district and may be attached to an area as an original zoning district, or it may be attached to an area through the process of zoning map amendment (rezoning). A zoning map amendment to achieve the "PDA" designation shall comply with the requirements and procedures for changes in zoning (Section
400.050), including those for public hearings.
C. Flexible Planned District. The City may, upon proper application, approve a planned development area using flexible techniques of land development and site design to gain relief from zoning requirements in relation to lot size, dwelling size and property line setbacks, designed for conventional developments; provided, however, that the application shall not conflict with, or result in encroachment upon, any standard of Chapter
455, Subdivision Regulations, and shall only be approved upon demonstration of achievement of one (1) or more of the following objectives:
1. Environmental design in the development of land that is of a higher
quality than is possible under the regulations otherwise applicable
to the property.
2. Diversification in the uses permitted and variation of the relationship
of uses, structures, open space and height of structures in developments
intended as cohesive, unified projects.
3. Functional and beneficial uses of open space areas and preservation
and protection of natural features of a development site, inclusive
of preservation, planting, maintenance, restoration, protection and
survival of desirable tree canopy areas within a development site.
4. Creation of a safe and desirable living environment for residential
areas characterized by a unified building and site development program.
5. Rational and cost-effective development in relation to public services
and public and private infrastructure installation and maintenance
by reducing the distance utilities are extended and installed or reducing
width and length of streets.
6. Efficient and effective traffic circulation, both within and adjacent
to the development site, and the encouragement of pedestrian and non-motorized
pathway utilizing site features, compliant with the trail master plan
or land use plan, and thus establishing performance standards that
ensure sidewalks and trails are not impeded by motor vehicles associated
with the development.
7. To decrease or minimize non-point source pollution impacts by reducing
the amount of impervious surfaces in site development.
[Ord. No. 1010, 12-9-2021; Ord.
No. 1016, 2-24-2022]
A. Minimum
Development Area. The minimum overall site area required for planned
development areas shall be as follows:
Type of Planned Area Development
|
Minimum Area
|
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Planned Development Area — Residential
|
10.0 acres
|
Planned Development Area — Office
|
2.0 acres
|
Planned Development Area — Commercial
|
5.0 acres
|
Planned Development Area — Industrial
|
5.0 acres
|
Planned Development Area — Mixed Use
|
15.0 acres
|
Planned Development Area — Independent Senior Living Facility
|
2.0 acres
|
B. These
minimum site sizes may be modified by the Board of Aldermen upon recommendation
by the Commission if a specific proposal has severe limitations regarding
topography, wetlands, floodplains, soil conditions, utility easements,
or unusual land shape or proportions for conventional development;
or if it is determined that the use proposed is desirable or necessary
in relationship to the surrounding neighborhood; or if the Board of
Aldermen determines such modification to be in the general public
interest based on the totality of the facts in a given development.
[Ord. No. 1010, 12-9-2021; Ord.
No. 1016, 2-24-2022]
A. Listed
below by development type are the required density and appurtenant
requirements within the "PDA" — Planned Development Area.
Type of Planned Area Development
|
Density/Uses
|
---|
"PDA-R"
|
Planned Development Area — Residential
|
Any residential use; minimum density and area requirements of
"SR-4" District apply
|
"PDA-O"
|
Planned Development Area — Office
|
Professional office uses; minimum density and area requirements
of "C-1" District apply
|
"PDA-C"
|
Planned Development Area — Commercial
|
Commercial uses; the uses and minimum density and area requirements
of "C-3" District apply
|
"PDA-I"
|
Planned Development Area — Industrial
|
Industrial uses; the uses and requirements of "M-1" District
apply
|
"PDA-MXD"
|
Planned Development Area — Mixed Use
|
Planned developments involving a mixture of single-family residential
("SR-4"), multi-family residential ("MR-2"), and neighborhood business
uses ("C-1")
|
"PDA-SRL"
|
Planned Development Area — Independent Senior Living Facility
|
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B. While the "Density/Uses" column of the table in Subsection
(A) above sets forth general uses allowed in each "PDA" District, the use of land in any "PDA" is considered an integral element of the proposed development. As such, approval of the proposed development by the Board of Aldermen incorporates only approval of the specific uses encompassed by it. Based upon this relationship, the Commission and the Board of Aldermen may require revisions to the proposed development plan as it relates to the proposed uses; or may require elimination from the plan of any use considered inappropriate or incompatible, based upon its relationship to other uses proposed in the plan, surrounding existing land uses, land uses featured in the comprehensive plan for the City or other factors demonstrating that, based on sound planning principles, the use is not compatible or appropriate in the area proposed. Uses of land shall be established by the ordinance adopted by the Board of Aldermen authorizing the "PDA."
Regardless of the classification of the use in the underlying
district (i.e., permitted, accessory or conditional), such use as
a part of any proposed "PDA" or amendment thereto shall be approved
only through the "PDA" process set forth in this Chapter.
C. Density
And Area Regulations And Performance Standards.
1. General Standards. Approval of the preliminary development plan may
provide for regular modifications from the specific area, lot size,
setback and other requirements of traditional zoning districts as
may be necessary or desirable to achieve the objectives of the proposed
planned development area; provided, however, such modifications must
be consistent with the standards and criteria contained in this Section
and must have been specifically requested in the application for a
planned development area; and further, that no modification of the
regulations would be allowed if it is determined by the City to likely
result in any of the following:
a. Inadequate or unsafe motor vehicle or pedestrian access, or inadequate
utility access within the planned development area;
b. Traffic volumes exceeding the anticipated capacity of the proposed
major street network in the vicinity;
c. Undue burden on public parks, recreation areas, schools, fire and
police protection, and other public facilities which serve, or are
proposed to serve, the planned development area;
d. Development which will be incompatible with the general purposes
of this Zoning Code or the Comprehensive Plan; or
e. Detrimental environmental, aesthetic, or economic impact on the surrounding
area, or individual lot area, by coverage of structures to achieve
adequate sunlight, air and storm water conveyance.
It shall be the responsibility of the applicant to clearly demonstrate
that the above criteria are being met. The burden of proof shall rest
with the developer and not City staff or the Planning and Zoning Commission.
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2. Designation Of Open Space.
a. Unless modified upon recommendation of the Commission and approval
by the Board in the approving ordinance, a minimum of fifteen percent
(15%) of the total project area shall be dedicated as common open
space, unless clustering is utilized (see, "clustering design standards"
below). Pre-developed slopes of forty percent (40%) or more shall
be preserved as common open space, excluding areas used in conjunction
with subdivision plan street layout and design. Floodplain or floodway
areas shall be designated as common open space utilized for recreational
or open space amenities. Impact on these areas can be allowed upon
application and preliminary and final plan approval for portions of
residential lot development. Amenities such as trails, swimming pools,
clubhouses, playgrounds, soccer fields, baseball diamonds, tennis
courts or other fixed structures will be considered, but are not required
for the approval of a planned development area district and the City
shall give positive consideration to a preliminary development plan
that preserves green space and trees, above that which is undevelopable.
b. Common open space shall be used for the collective enjoyment of the
occupants of the development or for the general public if so dedicated.
Common open space shall be distributed equally throughout the development
as practical and be very accessible to the dwelling units it is intended
to serve and shall not be isolated to areas of unusable land.
c. No area of interior project common open space in the development
plan shall be accessible with less than twenty (20) feet in width
in its smallest dimension unless otherwise approved by the development
plan upon application of the developer for good cause shown as determined
by the Commission and the Board.
d. The use, operation and maintenance of the common open space areas
and common ground buildings shall be guaranteed through establishment
of a trust indenture represented by an association or trustees.
3. Clustering Design Standards.
a. Purpose. As an alternative to the density and open space requirements of the corresponding zoning district set forth in Section
440.040(A), a developer may choose to cluster or group the structures of an entire development or on a portion of an overall development so as to preserve a significant amount of the site as protected open or wooded space, recreation areas or common area. If the developer chooses to have a portion of the development as a cluster, the area to be clustered shall have a minimum open space requirement of forty percent (40%), while the gross open space for the entire development shall be a minimum of thirty-five percent (35%). The City encourages developers to investigate the clustering approach as it often can reduce the cost of development by reducing the amount of streets, utilities and other improvements while simultaneously benefitting the environment by reducing impervious surface, stormwater runoff, protecting woodlands and otherwise preserving natural or other beneficial features and functions of the land.
b. Application. All applications for a "PDA" with a cluster development
shall be clearly identified as a cluster development subdivision.
In addition to the requirements of this Section, the application shall
include a statement verifying that the applicant submission of a proposed
cluster development complies with the intent of this Section as stated
in Subsection (B)(3)(a) of this Section and the applicant shall provide
an eleven inch by seventeen inch (11 x 17) aerial image of the proposed
development tract off of an aerial source not dated in excess of three
(3) years and a preliminary plat under standards of this Code.
c. Common Ground And Dedicated Land. Common ground and land dedications,
to be included in the gross acreage of the development for density
calculations, shall have the following permitted uses:
(1)
Conservation of open space in its natural state.
(2)
Recreation amenities and their accessory structures, including,
but not limited to, trails, picnic areas, community gardens, playing
fields, playground and multi-use courts or uses similar in nature.
(3)
Parking areas to serve recreational facilities.
4. Perimeter Buffer Requirements.
a. Where a "PDA-R" development proposes residential development that
is of higher density than the adjacent residential district, a minimum
of a 20-foot wide buffer area must be added along the perimeter of
the site abutting the lower density residential development. The buffer
area shall be free of buildings, structures or impervious surfaces
and shall be permanent landscaped easement, or preserved with natural
features, so that the higher density residential development is visually
screened from the lower density development.
b. All landscaping shall be maintained in a healthy, well-maintained
condition through establishment of a trust indenture represented by
an association or trustees.
5. Development Phasing. If construction of the development is to occur
in stages, then open space or recreational amenities should be developed
in reasonable proportion to the number of dwelling units intended
to be developed and to be served during any given stage of construction
as approved on the final development plan by the Board of Aldermen.
6. Elevations Required. For all "PDA" developments, the applicant shall
present to the City illustrations or colored elevations of proposed
buildings within the development, provided the applicant may submit
to the City for review buildings with different elevations than those
adopted by the approving ordinance, approval of the elevations are
contingent upon the revised buildings being of similar materials and
the new elevations being substantially compliant with amounts of exterior
features shown on the previously submitted elevations.
7. Use Of Professional Consultants. In review of a preliminary or final
development plan for approval, the Commission or the Board of Aldermen
may elect to utilize qualified technical personnel or professional
consultants to provide traffic impact analysis, stormwater and erosion
control, if applicable, based upon unique circumstances in excess
of standard review or similar studies related to the proposed development.
The cost of such professional assistance shall be borne by the applicant.
8. Non-Residential Development. Non-residential uses permitted in the
"PDA" Planned Development Area District shall be subject to all the
requirements for lot area, width, height, yards and setbacks of the
district in which it was permitted unless modified by the site-specific
ordinance adopted by the Board of Aldermen authorizing the planned
development and associated plan showing such modifications.
9. "PDA-R" Density. The purpose of a planned development area is to allow modifications to development standards which cannot be achieved in conventional zoning districts. Proposed housing may be clustered and grouped to achieve or preserve open space and other amenities. The density of residential development shall be based upon the density limits corresponding zoning district set forth in Section
440.040(A). In no case shall the housing density exceed the limits of that permitted for the total site based upon the corresponding zoning district set forth in Section
440.040(A).
10. "PDA-SRL" Density. Proposed housing for a Planned Independent Senior
Living Facility may be clustered and grouped to achieve or preserve
open space and other amenities and generally conform to the following
specifications:
a. Density. The average ground area per family unit constructed, inclusive
of easements or streets dedicated to the City, shall be three thousand
one hundred (3,100) square feet for each single-dwelling unit constructed.
b. Parking. One and one-half (1.5) parking spaces shall be provided
per unit, with such parking spaces provided under the units or contained
on the site. In addition, one (1) parking space shall be provided
on site for every two (2) employees per shift. No parking spaces shall
be closer than thirty (30) feet to the outboundary lines of a Planned
Residential District.
c. Uses. The plat or restrictions filed with the plat will designate
that the property may be used only for residential purposes and the
usual accessory uses permitted in residential zones.
d. Greenspace. Greenbelt or planting areas of not less than fifteen
(15) feet in width shall be provided and maintained an all outboundary
lines abutting any residential use, unless reduced by the Board of
Aldermen in the ordinance approving the development plan.
e. Maximum Structure Height. Two (2) stories or thirty (30) feet, whichever
is less.
f. Accessibility. Must have at least one hundred fifty (150) feet of
frontage on and access to a public right-of-way or private street.
g. Minimum Lot Width. One hundred fifty (150) feet.
h. Minimum Lot Depth. Three hundred fifty (350) feet.
i. Minimum Front Yard. Twenty-five (25) feet from any roadway right-of-way.
j. Minimum Side/Rear Yard. Ten (10) feet from property line unless lot
line abuts residentially used property in which case the setback is
fifteen (15) feet.
k. Maximum Site (or Impervious) Coverage. Sixty percent (60%).
11. The above standards may be modified upon the recommendation of the
Commission and the approval of the Board of Aldermen in the ordinance
approving a rezoning to "PDA" and associated development plan.
[Ord. No. 1010, 12-9-2021; Ord.
No. 1016, 2-24-2022]
A. The
owner or owners of any tract comprising an area not less than required
for a "PDA" District may submit a plan for the use and development
of all such tracts for residential, business or industrial purposes.
B. The
following is the procedure for processing a "PDA" application:
1. Pre-Application Meeting.
a. Before filing an application for rezoning to one (1) of the planned
development area districts, the prospective applicant may request
a pre-application conference with the City Administrator. The City
Administrator may request that other City representatives attend this
meeting and will send communication to the Board of Aldermen and Mayor
concerning key reasons why an application for "PDA" is being investigated
by the prospective applicant before or at the next scheduled Board
of Aldermen meeting. At this meeting the applicant shall provide general
information on the proposed development, including the site location,
existing site conditions and a sketch plan of the proposed planned
development. The applicant shall submit and the City Administrator
shall provide an evaluation of a sketch plan with respect to its compliance
with the intent of the "PDA" regulations. This conference is intended
to ensure conformity with the intent of the "PDA" District and conformity
with other City ordinances and requirements. Applicants unfamiliar
with the City's "PDA" process, or those with developments containing
unique or complex issues pertaining, are strongly encouraged to avail
themselves of the pre-application meeting.
b. The information included with the sketch plan will include where
applicable:
(1)
Conceptual building footprints for all proposed structures except
one- and two-family dwellings proposed on subdivided lots;
(2)
Circulation plan, including all circulation streets and parking
areas; and
(3)
Conceptual landscaping plan indicating common open space areas,
park site if proposed, recreational areas, and buffer areas between
the project and adjacent properties.
2. Preliminary Development Plan; Preliminary Development Plan Requirements. A preliminary development plan shall include the information required for a preliminary plat (see Section
455.040) and the following information as applicable:
a. Gross and net acreage of the tract (exclusive of streets).
b. Preliminary building footprints of all proposed structures, except
single-family detached and two-family dwellings proposed on subdivided
lots.
c. Internal traffic circulation drives and parking areas, except driveways
associated with single-family and two-family dwellings proposed on
subdivided lots.
d. Maximum number of residential dwelling units allowed per the existing
zoning district or districts.
e. Number of residential dwelling units proposed and residential densities
proposed for the development.
f. Number of off-street parking spaces required and proposed.
g. Gross floor area of principal buildings and structures. Non-residential
uses shall be identified by use type.
h. Building setbacks from property lines and between buildings where
more than one (1) building is located on a lot.
i. The proposed location and use of open spaces, including common ground,
recreational areas, plazas and buffer areas.
j. Landscaping plan including information on the location of tree plantings
by type (deciduous, coniferous and ornamental trees), shrubs and ground
cover species. Landscaping for the development shall be provided where
applicable.
k. The applicant may be required to provide such additional clarification
or information on the preliminary development plan as determined by
the City Administrator or the Commission.
l. A statement verifying that the applicant's submission of a proposed development complies with the intent of this Section as stated in Subsection
(B)(1)(a) of this Section. The statement should separately address the items identified in Subsection
(B)(1)(a) of this Section.
3. Preliminary Development Plan Review Procedure.
a. Preliminary Subdivision Plat Approval. An applicant seeking approval under the "PDA" process shall file an application for preliminary development plan approval and submit seven (7) printed copies and one (1) digital pdf file of the preliminary development plan; otherwise, the pre-application meeting must be repeated. The preliminary development plan associated with a planned development shall be subject to the provisions of and shall serve as the preliminary plat in accordance with Section
455.040.
b. Completeness Of Submittal. Upon receipt of the application for rezoning
to a "PDA" District and an associated preliminary development plan,
the City Administrator (or designee) shall review the submitted plan
for completeness. If the City Administrator determines the plan is
incomplete, the applicant shall be notified of its deficiencies and
the review procedure may be delayed until such time as all required
information has been provided. An applicant may appeal staff's determination
that the submission is not complete to the Board of Aldermen by filing
with the City Clerk a written statement explaining the applicant's
position within seven (7) days of the decision. The City Administrator
shall distribute copies of the completed submittal to the City's engineering
consultant, Wright City Fire Protection District, Wright City School
District, Public Water Supply District No. 2, other utility providers,
and MoDOT, as applicable.
c. Staff Review. The City Administrator shall review the preliminary
development plan and solicit comments from other City staff/consultants,
including, but not limited to the Mayor, an Alderman from the ward
of the prospective development, and the Chairman of the Commission,
regarding compliance with the subdivision regulations and other applicable
regulations and to identify any deficiencies and site planning issues
to the applicant.
d. Resubmission Of Preliminary Development Plan. The applicant shall
resubmit two (2) printed copies and one (1) digital pdf file of the
revised preliminary development plan incorporating any changes resulting
from staff review. Copies of the revised plan shall be forwarded to
the Commission for recommendation to the Board of Aldermen.
e. Public Hearing. The Commission shall hold a public hearing on the rezoning request for a "PDA" District and associated preliminary development plan and plat in accordance with the provisions of Section
400.050.
f. Planning And Zoning Commission Recommendation. The Commission shall
forward its recommendation to the Board of Aldermen. This recommendation
shall address site planning issues and compatibility with adjoining
areas. A recommendation for approval shall include conditions, as
appropriate, to be included in the ordinance establishing the "PDA"
District. Such conditions, may include, as applicable, but shall not
be limited to:
(2)
The number of lots or dwelling units authorized;
(3)
The maximum floor area authorized for any non-residential use
for each building within the development permitted in a "PDA-O," "PDA-C,"
"PDA-I" or "PDA-MXD" District;
(4)
Building and structure height limitations;
(5)
Minimum setback requirements;
(6)
Minimum acreage and function of open spaces and recreational
amenities if applicable;
(7)
Compliance with off-street parking and loading requirements;
(8)
Compliance with sign regulations;
(9)
Compliance with street design or circulation;
(10)
Lighting limitations for non-residential uses;
(11)
Hours of operation limitations for non-residential uses.
After considering necessary conditions of approval, the Commission
may recommend the development as submitted or may modify, alter, adjust
or amend the plan before recommendation, or deny the plan and shall
make a report setting forth its reasons for approval, or denial, of
the application. Specific criteria that the Commission may consider
include:
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1.
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2.
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Whether the value of the development and the character of the
property adjoining the area included in such plan will be adversely
affected.
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3.
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Whether such plan is consistent with the intent and purpose
of these regulations to promote public health, safety, morals and
general welfare.
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4.
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Whether the street and highway access has sufficient capacity
for uses dependent on automobile transportation.
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5.
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Whether the design and landscaping is in harmony with adjacent
areas.
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6.
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Whether the setback requirements and open spaces are adequate
to serve the needs of the people as projected by the plan.
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7.
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Whether the development as a whole is in the best interest of
the entire community.
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8.
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Such other considerations as may pertain to the proper planning,
layout, and growth of the community.
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g. Public Hearing Before Board Of Aldermen. The Board of Aldermen shall hold a public hearing on the rezoning request for the "PDA" District and associated preliminary development plan in accordance with the provisions of Section
400.050.
h. Board Of Aldermen Approval. If the preliminary development plan is
approved by the Board of Aldermen, it shall adopt an ordinance establishing
the appropriate "PDA" District. The ordinance shall include reference
to an approved preliminary development plan citing all conditions
imposed on the plan and requiring the submission of a final development
plan for review and certification by the City.
4. Effect Of Approval Of Preliminary Development Plan And Period Of
Validity.
a. All conditions imposed as a part of any planned development area
shall run with the land and shall not lapse or be waived as a result
of a subsequent change in ownership of any or all land involved.
b. Approval of the preliminary development plan by the Board of Aldermen
constitutes an authorization to proceed with the preparation of the
final development plan. No building permits shall be issued until
a final development plan has been approved in accordance with this
Section.
c. Approval of a preliminary development plan shall be valid for a period
of two (2) years from the date of the Board of Aldermen approval.
If an application for final development plan approval for all or a
portion of the preliminary development plan has not been filed within
a two-year period, then a resubmission of the preliminary development
plan shall be required. The Board of Aldermen may grant a one-year
extension from the date of expiration.
d. The City shall have no duty to notify the applicant prior to expiration
of any plan approval.
5. Final Development Plan.
a. Compliance With The Approved Preliminary Development Plan. The final
development plan shall be in substantial compliance with the approved
preliminary development plan and shall comply with the conditions
of the ordinance establishing the specific "PDA" District.
b. Final Development Plan Submittal Requirements. The final development plan shall include the required information described in the subdivision regulations, Section
455.060, as applicable, and information from the approved preliminary development plan. In addition, the following information shall be included as applicable:
(1)
The final development plan shall include the entire planned
development. The development may occur in phases with estimated dates
for completion.
(2)
Any plan revisions that are required as a result of conditions
placed upon the preliminary development plan. Approval of the final
development plan constitutes what must be built.
(3)
The final landscape plan identifying the specific location of
all plant material specifying size and species.
(4)
Written evidence that designs for streets or signalization have
been approved by the State Department of Transportation or the County
Highway Department if the development proposes street access to either
jurisdiction.
c. Final Development Plan Review. The applicant shall submit seven (7)
printed copies and one (1) digital pdf file of the final development
plan for review by the City Administrator. Upon receipt of the plan
and any other applicable documents, the City Administrator shall review
the documents to determine completeness. The City Administrator shall
notify the applicant of plan deficiencies if the submittal is incomplete.
The City Administrator may delay the processing of the final development
plan until such time as all required information has been provided.
The City Administrator shall solicit comments from other City staff
with respect to meeting the requirements of the subdivision regulations
and other applicable regulations. Staff findings shall be submitted
to the Commission. The applicant shall resubmit ten (10) printed copies
and one (1) digital pdf file of the revised final development plan
incorporating any changes resulting from staff review. Copies of the
revised plan shall be forwarded to the Commission for review.
d. Planning And Zoning Commission Recommendation. The Commission shall
review and forward its recommendation to the Board of Aldermen. This
recommendation shall address the final development plan and ensure
that the plan is in substantial compliance with the approved preliminary
development plan and satisfies the conditions of the ordinance which
established the "PDA" District.
e. Board Of Aldermen Approval. If the City finds the final development
plan as submitted to be in compliance with the preliminary development
plan, the Board of Aldermen shall adopt an ordinance approving the
final development plan. The ordinance shall include reference to the
approved preliminary development plan and certify that all conditions
of preliminary plan approval have been provided for in the final development
plan.
f. Final Development Plat Approval. Final (or "Record") plat approval associated with a planned development shall be subject to the provisions of the subdivision regulations, including Section
455.060.
g. Approval of a final development plan shall be valid for a period
of two (2) years from the date of approval by the Board of Aldermen
or such additional time as the Board of Aldermen deems necessary.
The Board of Aldermen may grant a one-year extension from the date
of expiration.
[Ord. No. 1010, 12-9-2021; Ord.
No. 1016, 2-24-2022]
A. Amendment
Request. The property owner or authorized representative shall submit
a written request to the City Administrator to amend the conditions
of the ordinance establishing the "PDA" District or development plan
for review.
B. Administrative
Approval; Minor Amendments. The City Administrator shall review the
request in relation to the approved "PDA" ordinance and development
plan that was subject to the ordinance approving such plan. If the
City Administrator determines that the requested changes are minor
modifications and are not in major conflict with the plan approved
by the Board of Aldermen, the City Administrator shall require the
submittal of an amended plan and approve the plan without further
public hearings. The City Administrator shall indicate, in writing,
approval of the changes to the applicant and shall report, in writing,
to the Commission and Board of Aldermen of the change. The amended
plan shall be retained on file by the City Clerk. Administrative approval
pursuant to this Section shall not result in any of the following:
1. A substantial change in the character of the development;
2. A substantial increase in the coverage of structures;
3. Any increase to residential density;
4. Increase in traffic volumes or traffic circulation;
5. A substantial reduction in the amount of open space;
6. A reduction in the amount of required parking; and
7. Any other request of similar character.
C. Major
Amendments, Adjustments Or Changes.
1. If the City Administrator determines that the proposed plan changes are in conflict with the approved final development plan, and the amendments are substantial in nature, the amended plan shall be reconsidered for approval by the Planning and Zoning Commission and Board of Aldermen using the same process as set forth in Section
440.050(B)(3)(e) through
(h) of this Chapter.
2. In the event that any application to amend an approved final development
plan is denied by the Board of Aldermen, reapplication for the purposes
of further review of the same application shall not be accepted by
the City until twelve (12) months after the date of final action on
the original application for amendment.
D. Performance Guarantees. As a condition of the approval of a planned development, the applicant shall deposit with the City Administrator a performance guarantee as required by Section
455.110, Improvement Installation or Performance Guarantee, of the Subdivision Regulations.
[Ord. No. 1010, 12-9-2021; Ord.
No. 1016, 2-24-2022]
A. No buildings, facilities, establishments or service concerns may occupy or use any portion of the "PDA" until all required related off-site improvements, including, but not limited to those relating to, streets, sidewalks, sanitary sewers, stormwater systems, streetlights and street trees are constructed or a letter of credit or cash escrow is posted covering one hundred twenty-five percent (125%) of the estimated construction cost in compliance with the Subdivision Regulations, Chapter
455. If the "PDA" is to be developed in sections, all improvements necessary to the proper operations and functioning of the section, even though the same may be located outside the section, must be constructed and installed or a performance bond or escrow posted covering one hundred twenty-five percent (125%) of the estimated improvements cost.
B. If
substantial construction or development does not begin within the
time period specified in the conditions of the authorizing ordinance
the Board of Aldermen may, on its motion or on a recommendation of
the Planning Commission, rescind authorization for development of
the particular "PDA." A public hearing, other than the required three
(3) readings of a bill, is not required to rescind authorization to
develop a "PDA"; however, the owner shall be notified prior to the
introduction of any bill to rescind the said authorization.
C. The
time limitations specified in the ordinance authorizing development
of the "PDA" for submission of final development plans and for completion
of construction may be extended by the Board of Aldermen for cause.
D. The
Board of Aldermen's approval of a "PDA" District is a legislative
act of rezoning.