[Ord. No. 2000-46 §1(19-00), 4-10-2000; Ord. No. 2003-55 §1(19-00), 5-12-2003]
Planned Unit Developments (PUDs) or cluster development, as defined in Sections 405.060, may be excluded from certain area restrictions, standards or requirements of this Chapter provided that these improvements adhere to the procedures herein outlined. Such PUD or cluster developments shall be permitted through the granting of a conditional use permit with the easing of traditional planning and zoning ordinance restrictions to lot size, setback, lot widths, density and related design features.
[Ord. No. 2000-46 §1(19-01), 4-10-2000; Ord. No. 2003-55 §1(19-01), 5-12-2003]
A PUD or cluster development may be permitted as a waiver of
the zoning and platting code, so as to provide variety and flexibility
in the development of land for residential and commercial purposes
and uses related thereto. The PUD District is established to encourage
innovations in residential development and renewal, so that greater
opportunities for better housing and recreation exist, that shops
and commercial or light industrial businesses can be conveniently
located to reflect changes in the technology and requirements of land
development. These districts are also intended to encourage land utilization
in a creative manner which will optimize energy efficient, aesthetic
and desirable development which may be characterized by special features
of the relative location, topography, size or shape of a particular
property and to provide a compatible and stable environment in harmony
with the surrounding area.
[Ord. No. 2000-46 §1(19-02), 4-10-2000; Ord. No. 2003-55 §1(19-02), 5-12-2003]
An application for a PUD or cluster development shall constitute
an application for a conditional use permit, with the specific uses
and arrangements indicated for a conditional use permit, with the
specific uses and arrangements indicated on the plan when approved,
varied so as to comply with the spirit and intent of this Article.
The Planning and Zoning Commission shall consider the entire PUD design
provisions of this Article being the subject of an application for
variance. The developer is encouraged to hold a pre-application meeting
with the Planning and Zoning Commission to discuss the nature of the
PUD or cluster development.
[Ord. No. 2000-46 §1(19-03), 4-10-2000; Ord. No. 2003-55 §1(19-03), 5-12-2003]
A.
An
application for PUD or cluster development under this Article shall
be accompanied by a general preliminary plan showing the following
items:
1.
Existing zoning.
2.
Location of any existing development in the area.
3.
The number of dwelling units proposed for the PUD or cluster development.
4.
The types and density of land uses proposed. (In no case shall the
density be more than twenty percent (20%) higher than allowed in the
zoning district.)
5.
Utilities, easements and proposed parking facilities.
6.
Location and extent of common or dedicated open space within the
development which shall equal at least thirty-five percent (35%) of
the proposed development tract.
7.
Ownership. The development shall be in single or
corporate ownership at the time of application, or the subject of
an application filed jointly by all owners of the property.
8.
Where a site is situated in more than one (1) use district, the permitted
uses applicable to such property in one (1) district may be extended
into the adjacent use district.
9.
Landscaping. Landscaping, fencing and screening
related to the uses within the site and as a means of integrating
the proposed development into its surroundings shall be planned and
presented to the Planning and Zoning Commission for approval together
with other required plans for the development. A planting plan showing
proposed tree and shrubbery planting shall be prepared for the entire
site to be developed. A grading and storm drainage plan shall also
be submitted to the Planning and Zoning Commission with the application.
(Topography at a scale of not less than one (1) inch represents one
hundred (100) feet (1"=100') with at least five (5) foot contour intervals
shown.
[Ord. No. 2000-46 §1(19-04), 4-10-2000; Ord. No. 2003-55 §1(19-04), 5-12-2003]
A.
No
preliminary plat nor plan shall receive initial approval of the Planning
and Zoning Commission unless, in addition to the requirements above
stated, the plan meets the following requirements:
1.
Minimum area.
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a.
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Cluster development
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Size Range
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(1)
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Commercial development
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2.0 to 4.99 acres
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(2)
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Residential and light industrial
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3.0 to 4.99 acres
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4.
Landscaped area. There shall be a minimum twenty
(20) foot wide landscaped yard around all exterior boundaries of a
PUD or cluster development.
5.
Other design requirements.
a.
All open off-street parking areas shall be surfaced with asphalt
or cement material.
b.
Any lighting used illuminate an off-street parking area within or
adjacent to any residential district should be so arranged to reflect
light away from any adjoining residential district and public right-or-way.
All lights and any proposed signs shall be detailed on the sight drawings.
c.
Wheel stops shall be installed at least thirty (30) inches from an
adjacent sidewalk, fence or walls for each parking space, unless design
features prohibit a vehicle from obstructing a sidewalk or making
contact with a fence or wall.
d.
In no event shall the required parking for residential dwellings
be located elsewhere than on the premises for which such parking is
required.
[Ord. No. 2000-46 §1(19-05), 4-10-2000; Ord. No. 2003-55 §1(19-05), 5-12-2003]
Upon receipt of the recommendations of the Planning and Zoning
Commission and other City Officials reviewing the initial PUD or cluster
development plan, the City Council shall review the report of the
Planning and Zoning Commission with respect to the issues developed
therein and to the relationship of the proposed development to the
City Comprehensive Plan and with the spirit of intent of this and
related ordinances. The City Council shall approve, approve conditionally
or disapprove the preliminary plan within sixty (60) days of receipt
and shall thereafter remand the preliminary plan back to the Planning
and Zoning Commission for appropriate dispensation.
[Ord. No. 2000-46 §1(19-06), 4-10-2000; Ord. No. 2003-55 §1(19-06), 5-12-2003]
A.
The
location and design of all multi-family, duplex or commercial structures
and improvements pertaining thereto, together with the location of
such required and accessory uses as signs, driveways, parking facilities,
landscaping, etc.
B.
The
location of all public streets, utilities and public facilities.
C.
Open Space. Preservation maintenance and ownership of required
open spaces within the development shall be accomplished by either:
1.
Preservation of areas containing significant natural, environmental,
historic, archeological or similar resources;
2.
Dedication of the land as public park or parkway systems; or
3.
Creating a permanent, open space easement on and over the said private
open spaces to guarantee that the open space remain perpetually in
recreational use, with ownership and maintenance being the responsibility
of an owners' association established with articles of association
and bylaws which are satisfactory to the legislative body.
D.
The
Planning and Zoning Commission may also recommend, as a condition
of final approval, the dedication of lands for school and park sites
and the installation of public improvements, in addition to those
requirements of the subdivision regulations of the City of Chillicothe
and which may be attached the requirement of the filing of a performance
bond in an amount to be established by the City Council for due and
faithful execution of the components of the development plan.
E.
Additional
data shall be furnished as it may be requested by the Planning and
Zoning Commission. Plans for utilities shall include all improvements
within the development except those within five (5) feet of any building.
[Ord. No. 2000-46 §1(19-07), 4-10-2000; Ord. No. 2003-55 §1(19-07), 5-12-2003]
In order to reduce the effects of water pollution and to insure
the proper installation and maintenance of sewerage systems containing
ten (10) or more inlets, a copy of all plats for PUD or cluster development
proposals shall be forwarded, along with such other plans and specifications
as required under Chapter 204, RSMo., to the Macon regional office
of the Missouri Department of Natural Resources.
[Ord. No. 2000-46 §1(19-08), 4-10-2000; Ord. No. 2003-55 §1(19-08), 5-12-2003]
A.
Within
sixty (60) days of receipt of the final plan submitted to the Planning
and Zoning Commission by the developer, the Planning and Zoning Commission
shall forward same to the City Council, along with such recommendations
as it has duly arrived at. Before the final plan is submitted to the
City Council, the Planning and Zoning Commission shall hold a public
hearing thereon, providing fifteen (15) days' notice of same in the
City's official newspaper. The Planning and Zoning Commission may,
upon receiving testimony prior to and at the public hearing, recommend
to the City Council that the final plan be accepted, modified, amended
or that other alternative zone classification(s) be assigned to the
properties in question. The City Council may, by resolution, accept
the final plan as finally approved by it and authorize the issuance
of a conditional use permit, planned unit development/conditional
use permit or cluster development. No PUD or cluster development shall
be approved unless it is compatible with the following criteria:
[Ord. No. 2000-46 §1(19-09), 4-10-2000; Ord. No. 2003-55 §1(19-09), 5-12-2003]
A.
The
permit for a PUD or cluster development, when issued, shall be for
a term of two (2) years from the date of issuance. At the end of each
two (2) years, the Planning and Zoning Commission shall review the
progress of the development and upon finding that there has been substantial
development in accord with the permit, shall renew the permit for
an additional term of two (2) years. Upon a finding that there has
not been a substantial development within the area, the Planning and
Zoning Commission may refuse to renew the permit, except upon good
cause shown by the developer for failure to show substantial progress
within the development and then upon such amendments as the Planning
and Zoning Commission may require.
B.
The
fee for the initial review of a cluster development application and
for issuance of a conditional use permit shall be set by the City
Council from time to time.
C.
The
fee for renewals shall be the same as the initial review fee set by
Council. If any renewal is denied, the existing uses may be continued
only as non-conforming uses unless they conform to the appropriate
Sections of this Article.
[Ord. No. 2003-55 §1(19-10), 5-12-2003]
A.
The
Planning and Zoning Commission shall have the authority to require
that the following conditions for a planned unit development (among
others it deems appropriate) be met by the applicant:
1.
The proponents intend to start construction within one (1) year of
either the approval of the project or of any necessary zoning district
change and intend to complete said construction or approved stages
thereof within four (4) years from the date construction begins.
2.
The development is planned as one (1) complex land use rather than
as an aggregation of individual and unrelated buildings and uses.
[Ord. No. 2003-55 §1(19-11), 5-12-2003]
A.
Upon
approval of a PUD, construction shall proceed only in accordance with
the plans and specifications approved by the Planning and Zoning Commission
and in conformity with any conditions attached by the City Council.
B.
Amendment
to approved plans and specifications for a PUD shall be obtained only
by following the procedures here outlined for first (1st) approval.
C.
The
Building Official shall not issue any permit for any proposed building,
structure or use within the project unless such building, structure
or use is in accordance with approve development plan and with any
conditions imposed in conjunction with its approval.
