[Ord. No. 80-22 Art. IV § 1, 12-2-1980; Ord. No. 2007-10 § 1, 3-13-2006]
A. Purpose. It is the intent of this Section to provide
for integrated developments having harmony of design and variety of
function. It is not intended to permit a greater density or uses different
from those set forth in the regulations of the district in which the
development is located, but this Section is to provide for a greater
flexibility in the design of buildings, yards, courts and circulation
than would otherwise be possible through the strict application of
district regulations and to produce:
1. A maximum choice in the type of environment and living units available
to the public.
2. Open space and recreation areas.
3. A pattern of development that preserves trees, outstanding natural
topography and geologic features and prevents soil erosion.
4. A creative approach to the use of land and related physical development.
5. An efficient use of land resulting in smaller networks of utilities
and streets and thereby lower housing costs.
6. An environment of stable character with harmony with surrounding
development.
7. A more desirable environment than would be possible through the strict
application of other Sections of the Chapter.
B. Design.
1. The Planned Unit Development Section is designed to provide for small
and large scale development incorporating a single type or variety
or residential and related uses which are planned and developed as
a unit. Such development may consist of individual lots or it may
have common building sites. Common land must be an essential and major
element of the plan which is related to and effects the long-term
value of the homes and other development. A planned unit shall be
a separate entity with a distinct character in harmony with surrounding
development.
2. The sale, subdivision or other partition of the site after zoning
approval does not exempt the project or portions thereof from complying
with the development standards and other conditions that were committed
to at the time of the rezoning. The Planned Development District must
always be used in conjunction with one (1) of the other zoning districts,
known as the "underlying district". The requirements of the "P-D"
District shall be in addition to the requirements of the underlying
district, except that the "P-D" District may modify some of the regulations
of the underlying district in specific situations. A "P-D" District
may be used in conjunction with any of the other zoning districts
or with any combination of districts.
[Ord. No. 80-22 Art. IV § 2, 12-2-1980; Ord. No. 2007-10 § 1, 3-13-2007]
The Planning and Zoning Commission shall use the requirements and standards found in the corresponding zoning district regulations and Chapter
24 (Subdivisions) as a guide in making a determination to authorize a Planned Unit Development "PD District" and may permit variances from the corresponding requirements and standards to facilitate efficient land development and utilization. A planned unit development may be authorized, provided that all of the following provisions are complied with:
1. Location. A planned unit development shall be permitted
in any district except an "A" (Agricultural District).
2. Design characteristics. The proposed planned unit
development shall be designed to provide for the unified development
of the area and in accordance with the spirit and purposes of the
district in which the unit is located. The design may provide for
modification of yard, setback and height requirements, but the use,
density, intensity of use and coverage requirements for the district
and the minimum dimensions established for the design of courts shall
not be reduced. Where the proposed planned unit development is in
a district permitting residential uses, the design may provide for
one (1) or more dwelling types.
3. Site development plan. For all uses, a site plan
prepared by a licensed architect, engineer, landscape architect or
certified land planner must be submitted with any application for
a Planned Unit Development "PD" permit. The scale of the site plan
is optional but shall not be more than one hundred (100) feet to one
(1) inch. This application shall be considered the same as a rezoning
request and the same procedures shall be followed concerning application,
Planning Commission review and public hearings. Upon approval by the
City Council, the site development plan shall become a part of the
Zoning Districts Map. The application must include ten (10) copies
of a conceptual plan, which includes, but is not limited to, the following:
a. A composite site development plan showing the major details of the
proposed development consisting of the following: conceptual drainage
plans; approximate location of buildings; structures and off-street
parking areas; off-street loading areas; means of ingress and egress;
conceptual landscaping or screening proposals; location and the conceptual
design of signs; open spaces and pedestrian areas.
b. How the site plan and architecture relates to adjacent sites and
structures. Buildings proposed to be developed or redeveloped in the
"Original Town" or other established areas of the community will be
expected to incorporate building materials and architectural designs
consistent with the surrounding area.
c. Architectural styles and buildings must compliment the area's patterns and preserve its district character. Building quality should meet or exceed that of the surrounding area. Within any area that is designated now or in the future as a historic district or a historical landmark, such plan shall adhere to the requirements of Section
29-77.3. of the Lexington, Missouri City Code, Chapter
29 (Zoning).
d. All parcels of land proposed to be dedicated to public use and the
conditions of such dedication if any.
e. An attached statement from the developer's engineer that the proposed
development is to be served by sanitary sewer facilities.
f. An attached statement from the developer's engineer that the proposed
development is to be served by an adequate water supply and with an
adequate water distribution system.
g. The plan may provide for staged development of the project and shall
so indicate on the plan.
4. Minimum site size. The minimum size of the site
upon which a planned unit development shall be located shall be not
less than three (3) acres from commercial developments, not less than
ten (10) acres for residential development and not less than forty
(40) acres for industrial, education, medical and other types of institutional
development.
5. Off-street parking. The off-street parking requirements set forth in Article
V may be complied with by providing one (1) or more permanent, common, off-street parking facilities for all uses within the development, provided that the facility contains the requisite number of spaces for each use and that the spaces provided for permanent residents shall be clearly designated and separated from spaces provided for employees, customers and service. The total spaces provided shall not be less than the sum of the individual requirements and the spaces required for each use and shall be under the permanent control of the owners of the use for which spaces are required.
6. Plan changes. Any substantial deviation from the
plans submitted at the time of rezoning shall constitute a violation
of the rezoning and substantial change in plans shall be resubmitted
for review following the same procedure required in the original adoption
of the plan. The Zoning Administrator shall interpret what constitutes
a "substantial" deviation or change in the plan.
7. Time limit. The construction of the planned unit
development shall be started within one hundred eighty (180) days
of the effective date of approval of the plan by the City Council.
Failure to begin the development within said one hundred eighty (180)
days shall automatically void the development plan and the land shall
revert to the same zoning classification which existed immediately
preceding the approval of the planned unit development.
8. The sale, subdivision or other partition of the site after zoning
approval does not exempt the project or portions thereof from complying
with the development standards and other conditions that were committed
to at the time of the rezoning. The Planned Development District must
always be used in conjunction with one (1) of the other zoning districts,
known as the "underlying district". The requirements of the "PD" District
shall be in addition to the requirements of the underlying district,
except that the "PD" District may modify some of the regulations of
the underlying district in specific situations. A "PD" District may
be used in conjunction with any of the other zoning districts or with
any combination of districts.
9. Homes association. A homes association shall be
created if other satisfactory arrangements have not been made for
improving, operating and maintaining common facilities including streets,
drives, service and parking areas and recreational areas.