[Ord. No. 03-38, 8-21-2003]
A.
The
purpose of Planned Development Districts are to enable greater flexibility,
creativity, and innovation in land development and design than is
normally possible under traditional zoning regulations. Planned Development
Districts must meet specific criteria to ensure the protection of
health, safety, and welfare, and be in accordance with the intent
and purposes of the Comprehensive Plan.
B.
Specifically,
it is the purpose of Planned Development Districts to achieve one
or more of the following goals:
1.
Careful, creative design that is architecturally harmonious and maintains
a positive visual impact on the community and that creates a sense
of place.
2.
More efficient use of land, public services and infrastructure.
3.
Preservation and protection of significant natural features such
as streams, trees, topographic features, and significant cultural
features.
[Ord. No. 03-38, 8-21-2003]
The Board of Aldermen is authorized to establish Planned Development
Districts that may differ from the provisions of the other zoning
districts of this Chapter, but are congruent with the spirit and intent
of this Chapter and the Comprehensive Plan.
[Ord. No. 03-38, 8-21-2003; Ord. No. 04-35, 7-1-2004; Ord. No. 07-25, 7-5-2007; Ord. No. 07-29, 9-6-2007]
A.
Planned
Development Districts shall be established on a parcel of sufficient
size to be planned and developed. Mixed-Use Planned Development Districts
shall be established on a minimum of five (5) acres, and Residential
Planned Development Districts shall be established on a minimum of
ten (10) acres. The entire tract or parcel of land for the Planned
Development District must be held in single ownership, or multiple
owners must file the application for the Planned Development District
jointly.
B.
All
Planned Development Districts shall comply with the following guidelines:
1.
The Planned Development District should not have an adverse impact
on the property value of adjacent land, nor should it hinder the implementation
of the Comprehensive Plan.
2.
Planned Development Districts must provide for adequate traffic circulation
within the development, and must provide adequate connectivity with
all modes of the City-wide transportation network.
3.
No Planned Development District should impose an undue burden on
public services, facilities and infrastructure.
4.
The location of structures, parking areas, walks, lighting, and streets
shall be compatible with surrounding land uses; landscaping should
be used where there are no structures, parking and loading areas,
or access ways.
5.
A Planned Development District may be developed in phases, provided
that no phase or unit of development shall be constructed without
proportional development of common open space (if any is to be provided).
The residential density at any phase shall not exceed more than twenty
percent (20%) of the proposed residential density of the entire development
without first developing a proportional amount of common open space.
Example: if total residential density allowed is one hundred sixty
(160) dwelling units, at no phase of the development would more than
thirty-two (32) dwelling units (160 X 20% = 32) be allowed until the
required open space is developed.
6.
The Planning Commission may modify the period of time for completing
the entire development and commencement date for each phase of the
planned development if the applicant can show good cause for doing
so, provided that in no case shall any extension exceed twelve (12)
months.
7.
The applicant shall provide and record easements and covenants and
furnish other guarantees deemed necessary by the Board of Aldermen
to assure performance in accordance with the final development plan
and to protect the public interest in the event of abandonment before
the development's completion.
8.
Planned Development Districts shall comply with the off-street parking and loading area requirements of Section 400.160.
9.
Specifications for the design of streets and highways, alleys, public
utilities, curbs, sidewalks, street lights, public playgrounds and
parks, storm water drainage, water supply and distribution, and sanitary
sewers and collection shall comply with the City of Hollister Subdivision
Regulations.
10.
The Planning Commission may waive or modify such requirements if
the Commission finds that the specifications will not harm the health,
safety and welfare of the residents, and that amended specifications
would conform to the Comprehensive Plan and the intent of this Chapter.
However, no modification shall allow the use of other than public
sewers and public water supply.
C.
The
total number of dwelling units in a Planned Development District shall
not exceed the maximum number of units allowed in the development's
underlying zoning district or districts as set forth in Table 400.1
of the City of Hollister Zoning Regulations. In the event a property
is being voluntarily annexed as a planned development and has no underlying
zoning, the same rules will apply as if the property were zoned for
the most similar zone to the proposed use. Such as, "R-4" Multi-Family
zoning if the proposed plan were condominiums or apartments, or "R-1"
Single-Family if the proposed development were predominantly single-family
detached dwellings. The density of dwelling units in a planned development
district shall also conform with the lot and bulk regulations of Tables
400.1 and 400.2 of the City of Hollister Zoning Regulations unless
the Commission approves a development plan that includes design and
infrastructure elements to accommodate greater densities in localized
areas of the development using these guidelines:
1.
Any reduction in minimum lot size shall be compensated by equivalent
common open space in the balance of the development.
2.
The Planning Commission shall, in its determination, also consider
that the physical characteristics of the site may make increased densities
appropriate in a particular location.
3.
The total ground area occupied by buildings and structures shall
not exceed thirty-five percent (35%) of the total ground area of the
planned development. If previous development in the neighborhood exceeds
coverage of thirty-five percent (35%), the coverage area of the Planned
Development District may be increased to correspond with that of the
neighborhood as a whole.
4.
All residential lots in a Planned Development District shall meet
the following minimum lot requirements for the underlying zoning district
as described in Table 400.1 Bulk Regulations — Residential and
Agriculture Zones.
D.
Common Open Space.
1.
The amount and location of common open space in a Planned Development
District shall be consistent with its declared function in the written
application. The declared function must be approved by the Planning
and Zoning Commission as an acceptable use of common open space.
2.
The development plan shall include provisions for the ownership and
maintenance of common open space as is necessary to ensure its continued
care and conservation. The development plan shall also provide for
remedial measures that will be available to the City should the common
open space deteriorate or not be maintained in a manner consistent
with the interests of the residents of the Planned Development District
or the residents of Hollister.
3.
Adequate safeguards such as recorded covenants shall be provided
in the Planned Development District to ensure that no residential
structure is ever constructed in the common open space and to prevent
use of the common open space that is inconsistent with the intent
of the development plan.
a.
The development plan shall specify and identify all facilities and
structures to be included in common open space.
b.
Any change in the number or type of facilities and structures located
in common open space shall constitute a significant change in the
planned development plan, and must be reviewed by the Planning and
Zoning Commission and approved by the Board of Aldermen, after public
hearings have been held before both bodies.
[Ord. No. 03-38, 8-21-2003]
A.
Residential
Planned Development Districts include dwelling units in detached,
semi-detached, and attached dwelling units, and cultural or recreational
uses intended to serve residents of the neighborhood. The purpose
of a Residential Planned Development District is to allow for creativity
in residential design, allow for a mixture of residential density
within the same development, and encourage the conservation of significant
natural or cultural features.
B.
Residential
planned developments may be located in any Residential Districts and
may include any of the permitted and conditional uses allowed in the
districts, contingent on the design, intensity, and context of surrounding
land uses.
C.
The
highest intensity of residential use in a Residential Planned Development
District shall not exceed the highest intensity use allowed in the
parcel's underlying zoning district. The Board of Aldermen may, however,
allow a higher intensity use than would normally be allowed in the
underlying zoning district if the applicant can show that the design
of the development will minimize the impact of the greater intensity,
and that the greater intensity will not jeopardize the health, safety
and welfare of Hollister residents or the provision of public services.
[Ord. No. 03-38, 8-21-2003]
A.
The
purpose of a Mixed-Use Planned Development District is to promote
greater convenience and innovative use of land within the same planned
development. Mixed-Use Planned Development Districts may include a
combination of residential, office, commercial, and light industrial
uses. A mixed-use planned development must include a commercial or
light industrial use; any development including only residential uses
must be developed as a Residential Planned Development District. A
Mixed-Use Planned Development District must be located in a "C-1",
"C-2", "C-3", or "C-R" Zoning District.
B.
Mixed-Use
Planned Development Districts are also subject to the following provisions:
1.
Screening and buffering in accordance with the provisions of Hollister
Zoning Regulations (Appendix 5 & Table 1) shall be required between
commercial, industrial, and/or residential uses within a Planned Development
District or adjacent to the Planned Development District.
2.
The Board of Aldermen may restrict or require restrictive covenants
prohibiting certain uses normally permitted in any of the above districts
and their hours of operation if those uses will have an adverse impact
on other properties located in or adjacent to the planned development.
Considerations for the limitations of such uses include:
a.
The impact of dust, chemicals, noise, and other pollutants on surrounding
properties.
b.
The impact of the hours of operation of a use and the enjoyment of
surrounding property.
c.
The impact of traffic, freight pickup or deliveries, and lighting
on surrounding uses.
d.
Outdoor storage and the storage or manufacturing of hazardous materials.
3.
Residential uses may share the same multi-story structure with a
commercial use, provided that residential dwelling units are limited
to the secondary floors of the structure, and that the Board of Aldermen
determines that any such an arrangement will not adversely affect
the health, safety, and welfare of the residents of any such units.
[Ord. No. 03-38, 8-21-2003; Ord. No. 04-59, 11-4-2004; Ord. No. 09-17, 5-21-2009]
A.
The
applicant shall have a preliminary development plan for a Planned
Development District prepared and submit it with the plat/plan review
fee of two hundred dollars ($200.00) to the City Clerk. The application
for the preliminary development plan must include the following:
1.
Survey of the tract that is to be developed, showing streets, alleys,
easements, utility lines, and topographic and physical features.
2.
A site plan showing the location and arrangement of existing and
proposed structures, proposed traffic circulation within the development,
parking and loading areas, ingress and egress points, proposed and
existing land uses, zoning districts, proposed lots and blocks, public
and common open spaces, parks, playgrounds, school sites, and recreational
facilities.
3.
A statement that includes the anticipated residential density (when
applicable), proposed total gross floor area (floor area of all floors
added together), and the percentage of the development to be occupied
by structures.
4.
Preliminary sketches of proposed structures and landscaping.
5.
A schedule of development; for each phase or unit if the development
is to be constructed in phases or units.
6.
Evidence that the applicant has sufficient control over the tract
of land to effectuate the plan, including a statement of all ownership
and beneficial interests in the parcel.
7.
A survey of the impact of the Planned Development District on traffic
circulation and number of trips in the vicinity of the proposed development.
8.
A statement showing the relationship of the Planned Development District
to the Comprehensive Plan.
9.
In Mixed-Use Planned Development Districts, a statement indicating
the types of business and/or industries to be included in the development.
10.
If common open space, common recreational facilities, or common public
facilities are part of the proposed development, a statement describing
the provisions for maintaining common facilities. If a non-governmental
authority will be responsible for common areas, copies of that entity's
proposed articles of incorporation or bylaws must be included.
11.
Statement of proposed restrictive covenants that are to be recorded
with respect to property included in the Planned Development District.
The proposed restrictive covenants shall include, at a minimum, the
following provisions:
a.
The developer shall remain responsible for all common areas until
at least sixty percent (60%) of all lots are sold.
b.
The developer may transfer interest in and to the common areas of
the planned development after at least sixty (60%) percent of the
lots are sold, but said developer shall remain responsible for the
common areas until all lots in the development are sold, should the
Homeowners' Association fail to do so.
c.
There shall be established a Homeowners' Association, which shall
be responsible for the common areas of the planned development.
d.
The Homeowners' Association shall establish a Board of Directors
and the Board of Directors shall have responsibility of collecting
the assessment and maintaining the common areas.
e.
Responsibility for the planned development's common areas shall include
maintenance, repairs, regular mowing, cleanup, and any other action
necessary to maintain and keep in proper condition, all common areas
in the development.
f.
The Homeowners' Association shall be required to establish an annual
assessment for each lot, which assessment shall be a lien on each
lot owner's property, and which accumulatively shall be in sufficient
amounts to pay for the costs of all maintenance of the common areas.
g.
The City shall have the right, but not the duty, to enforce maintenance
of the common areas.
h.
Any proposed dissolution of the Homeowners' Association shall be
subject to the approval of the City and shall include a proposal for
continued maintenance of the common areas.
[Ord. No. 03-38, 8-21-2003; Ord. No. 07-36, 9-20-2007; Ord. No. 08-25, 7-17-2008]
A.
The Planning Commission shall hold a public hearing on the preliminary development plan in accordance with the provisions of Sections 400.260 and 400.270 of the Hollister Zoning Regulations within thirty (30) days after the preliminary development plan application has been filed with the City Clerk. The deadline for submitting the application and plan to schedule the public hearing is forty-five (45) days before the hearing. This will provide for the Planning Commission to have the plan the month before the hearing for a review period.
B.
The Planning Commission shall determine its findings regarding the compliance of the preliminary development plan with Sections 402.030 and 402.040 and the standards in Section 402.060 and transmit those findings with its recommendations regarding approval, disapproval, approval with amendments, conditions or restrictions of the preliminary development to the Board of Aldermen and the applicant within thirty (30) days of the public hearing of the preliminary development plan.
[Ord. No. 03-38, 8-21-2003; Ord. No. 07-36, 9-20-2007; Ord. No. 09-17, 5-21-2009]
A.
The
Board of Aldermen shall hold a public meeting and approve or disapprove
the preliminary development plan within thirty (30) days after it
received the findings and recommendations of the Commission concerning
the preliminary development plan. Approving the preliminary development
plan by ordinance establishes the zoning for the district.
B.
If
the preliminary development plan is disapproved, the City shall provide
the applicant with a written statement of the reasons for disapproval
of the plan.
C.
The
Board of Aldermen may alter the preliminary development plan and impose
such restrictions and conditions on the planned development as it
may deem necessary to ensure that the development will be in harmony
with the general purpose and intent of this Chapter and with the Comprehensive
Plan.
D.
When
the Board of Aldermen alters the preliminary development plan or imposes
any restrictions or conditions on such plan, the applicant shall have
fifteen (15) days within which to file an acceptance of such alteration,
restriction or condition with the Board of Aldermen.
E.
When
an acceptance is required by this Section, no ordinance approving
a preliminary development plan and establishing a planned development
district shall be adopted until such acceptance had been filed with
the Commission. An ordinance approving the preliminary development
plan establishes the zoning for the district.
[Ord. No. 03-38, 8-21-2003; Ord. No. 07-36, 9-20-2007; Ord. No. 09-17, 5-21-2009; Ord. No. 10-29, 10-21-2010]
A.
A planned
development district shall be considered an amendment to the zoning
regulations. Any ordinance approving the planned development shall
specify the zoning regulations and restrictions that will apply to
the planned development district pursuant to the preliminary development
plan and shall set such boundaries on a map that is incorporated and
published as a part of such ordinance with the designation "RPD" for
Residential Planned Development Districts and "MPD" for Mixed-Use
Planned Development Districts.
B.
Any such ordinance shall also specify the conditions and restrictions that have been imposed by the Board of Aldermen on the planned development and the extent to which the otherwise applicable district regulations have been varied or modified. When the Commission has designated divisible geographic sections of the development that may be developed as a unit, the ordinance shall authorize the Planning Commission to modify the schedule of development to the extent set out in Section 402.030(B).
C.
When
the preliminary development plan is approved, and the applicant has
accepted any restrictions, conditions or alterations to the plan,
the Board of Aldermen shall specify the zoning regulations and restrictions
that apply in the planned development district, pursuant to the preliminary
development plan, or set such boundaries out on a map that is incorporated
as a part of such ordinance.
D.
The
City Clerk shall transmit a copy of the ordinance approving and adopting
the planned development district to the applicant. The planned development
district will also be noted on the official Zoning Map maintained
at Town Hall.
E.
Preliminary
approval of a development plan shall not qualify as a final plat of
the planned development for recording.
F.
A preliminary
development plan which has been approved or approved with modifications
which have been accepted by the applicant shall not be modified, revoked
or otherwise impaired, pending the application for approval of a final
development plan or plans by any action of the City without the consent
of the applicant. However, such a plan may be modified if the applicant
fails to meet time schedules for filing a final development plan,
fails to proceed with development in accordance with the plans as
approved, or fails to comply with any condition of this Section or
any approval granted pursuant to it in any other manner.
G.
If
no time is specified in the ordinance approving the preliminary development
plan, then an application for approval of a final development plan,
or of each of its phases, shall be filed within two (2) years. The
applicant may ask for one (1) extension for up to two (2) years on
a plan that has been started and is ongoing.
H.
The
preliminary development plan may be revoked after the approval of
the preliminary development plan but before the approval of the final
development plan if the applicant:
I.
Any
portion or total of the planned development not given final approval
shall be subject to all provisions of the zoning regulations as amended
and any other ordinance as amended that was applicable prior to the
approval of the preliminary plan. The Board of Aldermen shall adopt
an ordinance repealing the planned development district for that portion
not given final approval and re-establishing the zoning and other
ordinances applicable to the land immediately prior to the planned
development district. Any such revocation shall be noted on the official
Zoning Map.
[Ord. No. 03-38, 8-21-2003; Ord. No. 07-36, 9-20-2007; Ord. No. 08-24, 7-3-2008; Ord. No. 09-17, 5-21-2009]
A.
An application for the approval of a final development plan must be filed for all the land in the planned development or one (1) of its phases. Such application shall be filed by the applicant with the City Clerk and shall be in substantial compliance with the preliminary development plan as approved. The final development plan application shall be filed at least thirty (30) days prior to the Planning Commission meeting at which the development plan will be considered. The applicant shall not submit a final development plan for approval until the Board of Aldermen has approved the preliminary plat for the development. The applicant shall also submit a final plat within two (2) years of approval of the preliminary plat per Statutes, if applicable, in conformance with the requirements of Hollister Subdivision Regulations Chapter 405, concurrent with the final development plan. Substantial compliance of the final development plan with the preliminary development plan shall mean that the final plan does not:
1.
Vary the proposed gross residential density or intensity of use by
more than ten percent (10%).
2.
Increase the floor area of non-residential uses by more than ten
percent (10%).
3.
Increase the total ground area covered by buildings more than ten
percent (10%).
4.
Involve a reduction of the area set aside for common open space.
B.
The
application for approval of a final development plan shall include:
1.
A site plan in conformance with the requirements of Article VII, Section 400.200 of the Hollister Zoning Regulations and the administration Section of the adopted Building Code.
2.
Preliminary building plans, including floor plans and exterior elevations.
3.
Landscaping plans in accordance with Appendix 5 and Table 1 of the Hollister Zoning Regulations, and Section 500.250 of the Hollister Building Regulations.
4.
Copies of any easements and restrictive covenants.
a.
Proof of the establishment and activation of any entity that is to
be responsible for the management and maintenance of any common open
space or facilities.
b.
Evidence that no lots, parcels or tracts or dwelling units in such
development have been conveyed or leased prior to the recording of
any restrictive covenants applicable to such planned development.
C.
The
applicant may elect to apply for the final approval of a portion or
unit of a phased development, provided that the applicant is in accordance
with the schedule approved in the preliminary plan and the time limits
in the ordinance adopting the final development plan.
D.
Although
no public hearing is required on a final development plan that is
in substantial compliance with the preliminary development plan as
approved, the applicant shall have the burden to show the Planning
Commission good cause for any variation between the preliminary and
final development plans.
E.
The
Planning Commission shall grant the final development plan approval
within thirty (30) days of the Planning Commission meeting at which
the final development plan is considered, if the following conditions
are met:
F.
In
the interest of the public's safety, health and welfare, the Planning
Commission may, after a meeting with the applicant, refuse a final
development plan that has variations from the preliminary plan but
still is in substantial compliance with the preliminary plan.
1.
The Planning Commission must take such action within thirty (30)
days from the filing of the application for final approval and advise
the applicant in writing the reasons of such refusal.
2.
The applicant shall have the opportunity to reapply for approval
of the final development plan with a reverted version that does not
include the objectionable variations from the preliminary plan.
3.
If the Planning Commission informs the applicant of the refusal after
the time limit for reapplication has expired, the applicant may have
sixty (60) additional days to file the final development plan without
the objectionable variations.
4.
If the applicant fails to file within this time period, it will be
presumed that the applicant has refused to accept the requirements
set forth by the Planning Commission and final approval is deemed
to be denied.
G.
Should
the final development plan not be in substantial compliance with the
preliminary development plan as approved by ordinance, the Planning
Commission shall notify the applicant in writing of this fact within
ten (10) working days of the date the decision was made, specifying
the reasons why the final development plan is not in substantial compliance
with the preliminary development plan.
1.
The applicant may make the changes required by the Planning Commission
to bring the final development plan into compliance, or the applicant
may request that the Planning Commission hold a public hearing on
the application for final approval.
3.
Within thirty (30) days of the conclusion of the public hearing,
the Planning Commission shall by resolution either grant or deny approval
of the final development plan.
4.
The grant or denial of approval of the final development plan shall follow the form and contain the findings of the preliminary development plan as set out in Section 402.060 of this Chapter.
a.
The applicant must take either alternative action within the time
period specified for final approval. In the event that the Planning
Commission informs the applicant of the matter when the time to request
for final approval has expired, the applicant shall have sixty (60)
additional days to apply for final approval.
b.
If the applicant takes no action, it will be presumed that the applicant
has abandoned the plan.
H.
A final
development plan, or any unit thereof, that has been approved by the
Planning Commission shall be so certified by the City Clerk and shall
be filed in City Hall and a resolution shall be prepared for approval
by the Board of Aldermen. The final development plan and, if needed,
final plat shall be recorded by the Taney County Recorder of Deeds.
No final development plan shall be recorded nor shall any lot be sold
or transferred until all public improvements have been installed in
accordance with the final development plan and final plat, if applicable.
A final plat is required to be approved and recorded within two (2)
years of approval of a preliminary plan. Final plats must be done
before transfer of ownership of any lots or property can take place.
In the event the Commission fails to act, either by grant or by denial
of final approval within the prescribed time, the final plan shall
be deemed to be approved.
I.
Pending
the completion of the planned development within a reasonable time,
any approved final development plan, as approved, shall be immune
to modification except with the consent of the applicant.
J.
If a final development plan or one of its phases is approved, and the applicant abandons part or all of the development plan and notifies the City in writing; or fails to complete the planned development or one of its phases within a reasonable period of time after final approval has been granted, then no further development shall take place on the property until that property has been reclassified by enactment of an amendment to this Chapter as prescribed in Section 400.260 of the Hollister Zoning Regulations.
[Ord. No. 03-38, 8-21-2003; Ord. No. 07-36, 9-20-2007]
A Planned Development District ordinance or an approved preliminary
or final development plan may be amended by the Board of Aldermen,
but only after a finding of fact and recommendations have been prepared
by the Planning Commission and transmitted to the Board of Aldermen
in the manner required by Hollister Zoning Regulations. The Planning
Commission shall hold public hearings on any such amendment before
taking action on the amendment in accordance with the provisions of
Hollister Zoning Regulations.
