City of Lake Lotawana, MO Development Alternatives

[Ord. No. 849 § 420.2, 10-16-2007; Ord. No. 883 § 3, 3-18-2009]

Purpose. Planned developments are established to provide for project variety and diversity through the modification of conventional zoning so that maximum long-range neighborhood and community benefits can be gained and for the following purposes:

To encourage innovations in development by allowing a greater variety in building types, development and site designs, and site layouts and by the conservation and more efficient use of open space ancillary to the development;

To provide a procedure that relates the type, design, and layout of development to the particular site, thereby encouraging preservation of the site's natural characteristics;

To encourage a more efficient use of land and of public or private services, and to reflect changes in land development and service delivery so that there are resulting economies to the public and the developer;

To provide for necessary commercial, recreational, cultural, library and educational facilities conveniently located to residential uses;

To provide for well located, clean, safe, and pleasant commercial and office-technology sites;

To lessen the burden of traffic on streets, roads and highways;

To preserve the value of land;

To allow flexibility in application of the zoning requirements regarding bulk, density, and open space, while ensuring that such flexibility will not be used in a manner which distorts the objectives of these regulations;

To encourage integrated planning;

10.

To encourage the best features of modern design;

11.

To allow greater diversity of living environments by allowing a variety of housing types, residential densities, and a mixture of uses;

12.

To encourage useful, convenient location of open space and recreation areas for residents, and if permitted as part of the project, more convenience in the location of accessory commercial and industrial uses;

13.

To encourage a development pattern which preserves and utilizes natural topographic and geologic features, scenic vistas, and natural resources, and which avoids the disruption of natural drainage patterns;

14.

To encourage preservation of environmentally sensitive and productive and agricultural lands; and

15.

To promote socially desirable objectives by allowing various types of land, housing, commercial, recreational and/or agricultural uses not otherwise feasible under conventional zoning.

Uses Allowed In "PD" District. Each planned development application shall contain a list of requested uses. The Board of Aldermen may add to, delete, or otherwise modify the list of requested uses. After the PD rezoning is approved, the permitted uses are those allowed in the conditions of PD approval. At the time of building permit approval, the Board of Aldermen may approve other uses which are similar in scope and impact. No person shall initiate or maintain a use unless such use has been approved in accordance with the provisions of these regulations.

Unified Development. The "PD" District shall be planned, developed, operated and maintained as a single entity.

Density, Dimensional, Lot Development And Design And Performance Standards.

The density, dimensional, lot development, bulk, height, landscaping, screening, transportation and infrastructure mitigation and impacts, development phasing, open space, or other development, design and performance standards are those included in the conditions of PD approval. These standards supersede any conflicting standards set elsewhere in these regulations. In addition to any of the standards identified in the conditions of PD approval, all construction within the PD is subject to all of the City's adopted codes and ordinances. Any conditions not addressed in the PD are subject to the following standards (see Exhibit 415-A Lot Development Standards following Section 415.030):[1]

The "LDR" District for residential land use categories; and

The "NC" District for non-residential or mixed use land use categories.

(Note: Land use categories are designated on the concept plan.)

[1]

Editor's Note: Exhibit 415-A is included as an attachment to Ch. 415.

In no case shall the requirements of the Building Code be varied through the conditions of PD approval.

Standards. In exercising its legislative discretion to approve a "PD" District, the Board of Aldermen will consider:

Whether the "PD" District and concept plan is consistent with the goals, objectives and policies of the Comprehensive Plan; and

Whether the PD rezoning serves the public welfare, taking into consideration:

The character of the neighborhood; and

The zoning and uses of nearby property; and

The detrimental effect that a change in zoning would have on other property in the area.

Whether public interest served by the PD rezoning is greatly outweighed by the detriment to private interests, taking into consideration:

The adaptability of the subject property to its zoned use; and

The effect of the zoning on property value.

Transfer Of Ownership. No person shall sell, convey, or transfer ownership of any property or any portion thereof within a planned development district until such person has disclosed to the buyer of the property the terms and conditions of the PD rezoning ordinance, concept plan and development agreement.

Approval Procedures For Planned Developments.

Generally. Subject to the additional requirements set out below, the procedures for a zoning amendment (see Section 405.280) apply to a "PD" District approval.

Application. An applicant shall file an application with the Zoning Administrator for approval of the PD. The application shall include: a concept plan and a proposed development agreement for the entire property or tract.

Concept Plan.

The concept plan does not require in depth site analysis, but serves to generally define the proposal in order to determine whether public or private benefits would be derived through the use of a "PD" District. Exhibit 420.2-A lists the information that must be provided for the concept plan. If there is an inconsistency between a submittal requirement included in this Section and another provision of these regulations, this Section controls. This concept plan is in lieu of the concept plan required by Section 405.200 and zoning amendment information required by Section 405.280 of these regulations. A developer may either voluntarily submit more detailed information, or the Planning and Zoning Commission and Board of Aldermen may require more detailed information when necessary to make a decision.

The concept plan shall include the following information:

(1)

A concept plan map that shows the property boundaries, various existing and proposed types of land uses, and traffic circulation diagrams. The use categories must depict their relationship to each other and to surrounding uses. This site plan should take the form of a "bubble" map, which locates proposed uses in an approximate fashion, including tentative circulation diagrams and anticipated buffer or screening rather than building footprints or precise street layouts.

(2)

A written statement that includes the information required by Exhibit 420.2-A below.

420.2-A: Concept Plan Submittal Requirements For Planned Development (PD)
"B" means that the information is required unless it is waived by the Board of Aldermen by resolution.
"Z" means that the information is required unless it is waived by the Zoning Administrator — see Subsection (G)(3)(c) below.
GENERAL INFORMATION
1	Name, address, phone number, fax, and e-mail address of the developer, record owner, land planner and engineer as applicable	Waiver
2	Proposed name of a development or subdivision, if applicable	Z
3	Date the plan or document was prepared and (if applicable) revised
4	North point indicator and scale on each page
5	Location map drawn at a scale of two thousand (2,000) feet per inch showing the area within a one (1) mile radius of the proposed development site	B
6	Tract boundaries (traverse bearings and distances of the boundaries) and location by section, township, range, City and State, including descriptive boundaries of the development
7	Maps/plans at a scale of at least one (1) inch equals one hundred (100) feet if proposed development is less than forty (40) acres, or one (1) inch equals two hundred (200) feet for forty (40) acres or more	Z
8	A list of any State, Federal or other public agencies' approvals or permits required for the proposed development	Z
9	The signature(s) of the applicant(s) and owner(s) certifying the accuracy of the required information
10	Preliminary plat for the first forty (40) acres or phase of development	B
11	Application fees as required in the Comprehensive Schedule of Fees and Charges, included in Chapter 100, as amended
EXISTING CONDITIONS
12	Legal description of the area subject to the plan or document
13	A scaled map of the property, correlating with the legal description, that clearly shows the property's location and its perimeter dimensions. For projects of less than forty (40) acres, show the floor area ratio of each building and structure proposed for the site	Z
14	A description of the present use of the property and existing zoning
15	Description of all existing covenants, liens and encumbrances	Z
16	Existing or platted easements, rights-of-way, streets or other public ways	Z
17	Names and addresses of all adjacent (see definition) property owners within five hundred (500) feet of all boundaries	B
18	Existing permanent structures and significant man-made features such as railroads, structures, utilities and drainage structures	Z
19	Soil types and their boundaries based on soil conservation service information	Z
20	Significant drainage features and structures, including any one-hundred-year floodplains	Z
21	Identification of environmentally sensitive areas (wetlands, hillsides, streams, habitat, trees and shrubs) on the site and within two hundred fifty (250) feet of the site	Z
DEVELOPMENT PLAN
22	A layout of the entire property, including dimensions and area of all proposed and existing lots and its relationship to adjacent property, existing development and recorded plats
23	A bubble plan showing general land use categories
24	The number of acres in each land use category
25	A list of proposed uses to be permitted by right, conditional uses, and any proposed standards for approval of a use
26	The total number of dwellings, number of dwelling units by type, and gross density for the overall site and within each land use category
27	A schedule of development by phases, including the approximate boundaries and projected date for the beginning of construction for each phase	B
28	A statement of how the proposed development is consistent with the most recent version of the Comprehensive Plan
29	Square footage and floor area ration for all non-residential land uses or vertically mixed use building, by type of use or building type	B
30	Setback, building height, frontage, lot width, and other dimensional standards for each land use category or building and lot type category	B
31	Setback, building height, frontage, lot width, and other dimensional standards for each land use category or building and lot type category	B
32	General building elevations for each building type, by category	B
33	Building elevations for each lot or, for single-family dwelling units, a schematic building elevation for each category	B
34	Landscaping plan, including location, planting standards, maintenance guarantees, and irrigation	B
35	Location and size of parking areas, including number of parking spaces	B
INFRASTRUCTURE
36	Location of present and proposed access points	B
37	Approximate location and width of all existing and proposed streets within and abutting the proposed development by category (local, collector, and arterial)	B
38	Street design standards, including geometric design, grading, curbs and gutters, surfacing, signs, and lighting	B
39	Standards for sidewalks, pedestrian walks, trails, and associated structures	B
40	Traffic impact analysis that includes capacity of on-site and off-site roads, including all major intersections and arterial roads affected by the proposed development, the projected trip generation and trip distribution, and proposed improvements	B
41	Proposals for connections with existing or proposed water supply and sanitary sewerage systems or for on-site sewage disposal systems, including projected demands the capacity of the existing and proposed facilities	B
42	A stormwater management plan, stormwater calculations showing projected demands and the proposed size, nature and location of all proposed storm drainage improvements	B
43	Proposed open space or common areas, including type, area, and at least a general description of the facilities design	B
44	For proposed infrastructure or increases in capacity (including streets, utilities, and stormwater management), include the method and source of financing, construction guarantees, and statement of when the facilities will be available	B
45	All proposed publicly or commonly owned site improvements (including, but not limited to, streets, sidewalks, stormwater management, open space, utilities) and proposals guaranteeing the completion of construction (including improvements agreements, improvements guarantees, and development schedules)	B

The Board of Aldermen or the Zoning Administrator may waive certain information requirements where indicated by Exhibit 402.2-A. A waiver may require that the information be deferred to a later point in the development approval process. A waiver by the Board of Aldermen requires a majority vote of those present at any regular or special meeting and written confirmation by the Mayor. A waiver by the Zoning Administrator must be in writing. The Board of Aldermen or Zoning Administrator may waive the requirement only where they find, in their discretion, that:

(1)

The information is not required to make an informed decision about compliance with the standards for the particular type of development or at that stage of the approval process; or

(2)

The applicant has agreed in writing to provide the information at a later point in the approval process, as agreed to between the applicant and the Board of Aldermen or Zoning Administrator.

(3)

The applicant shall file a proposed development agreement with the PD rezoning application. The conditions of "PD" District approval shall be contained within a development agreement filed with the City Clerk and executed by the applicant and the City. The development agreement shall cover all requirements for project design, public improvements, payment of fees, dedications, maintenance and upkeep and all conditions of the "PD" District approval. The development agreement may provide for vesting the entitlement of the development through its various phases. No use of the parcel, construction, modification, or alteration of any use or structures within a PD project shall be permitted unless such construction or use complies with the terms and conditions of the approved development agreement. Each subsequent owner and entity created by the development, including property owners' associations, shall comply with the terms and conditions of the development agreement. A seller of a property which is an approval "PD" or which is in the process of receiving such zoning approval shall apprise the buyer of the terms and conditions of the development agreement. The City bears no liability for misrepresentation of terms and conditions of the development agreement. The development agreement shall set forth the conditions of approval with covenants running with the land. Such covenants shall be recorded within the development agreement with any subsequent approvals, including any site plan or final subdivision plat.

(4)

The applicant may submit a preliminary subdivision plat for all or part of the proposed development with the concept plan. The preliminary subdivision plat shall be approved by the Planning and Zoning Commission and the Board of Aldermen, and may be processed concurrent with the concept plan and PD rezoning. In the alternative, the applicant may elect to defer the preliminary subdivision plat submittal. In that case, the preliminary subdivision plat must confirm to the conditions of PD approval, and the applicant must initiate the plat approval process from the beginning. The Board of Aldermen may waive the concept plan submittal requirement if the applicant submits a preliminary plat that includes all of the information required for a concept plan.

(5)

Conditions. Upon final approval, the PD rezoning ordinance, concept plan, and development agreement shall be recorded with the City Clerk and the Jackson County Department of Public Records.

(6)

Subsequent Approvals. After the PD rezoning is approved, the applicant must seek subdivision plat and site plan approval. The preliminary plat, final plat, and site plan shall contain all of the information required by Chapter 405 of these regulations.

Minor Amendments. No amendments or changes may be made in the approved concept plan without the approval of the Board of Aldermen.

Recording Of Changes And Amendments. Any changes which are approved for the final plan and/or plat shall be recorded as amendments to the previously recorded plan and/or plat.

Transfer Of Ownership. No person shall sell, convey, or transfer ownership of any property or any portion thereof within a planned development district until such person has disclosed to the buyer of the property the terms and conditions of the site plan, development agreement and subdivision final plat.

Density Criteria. The Board of Aldermen may, after considering the recommendation of the Planning and Zoning Commission, allow for a not-to-exceed fifty percent (50%) of net residential density bonus within a PD residential density it deems justifiable as set forth in these regulations and submitted data. The criteria used to determine the appropriate density in any PD shall include the following:

The compliance of the PD with adopted plans and policies.

The compatibility of the proposed density with the development patterns and densities in the vicinity.

The distance of the PD from the nearest urban core area, including jobs, shopping and community facilities. In general, PDs in closer proximity to urban core areas shall have higher densities than those which are further removed, or where necessary services are unavailable.

The development will accomplish a valid public purpose.

The availability to the site of adequate public services such as sewer, water, schools, roads, parks, fire and police protection.

The quality of life of the PD as achieved by means of the design and public/private amenities incorporated into the PD.

The elimination or reduction of vehicular congestion on streets and highways or at intersections in the vicinity.

Protection of environmentally sensitive lands.

The effect of the proposed use on the watershed and on stormwater management.

10.

Energy efficiency of site design.

11.

Compliance with the goals and purposes of this Chapter.

Planning And Design Requirements. Planning and design within a PD shall protect the development from potentially adverse surrounding influences and shall also protect surrounding areas from potentially adverse influences of the development. Vehicular, pedestrian and cyclist circulation shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards.

Screening. Fence, wall and/or vegetative screening shall be provided where needed to protect adjacent owners/occupants from undesirable views, lighting, noise, or off-site influences, and shall also protect occupants of adjoining uses from similar adverse influences of the PD. In either case, screening shall be designed to control the existing or potentially adverse views from existing or future first floor windows in the PD and other adjoining uses or districts. Screening requirements may be waived if terrain makes protection against overview impracticable, but where the requirement is not waived, bulk parking areas and service areas, in particular, shall be screened.

Landscaping. The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees, planting additional trees and other flora, and other site features. Additional new plant material shall be added for privacy, shade, beauty of structures and grounds and to screen objectionable features. Existing trees, shrubs and ground cover shall be retained to the extent that they enhance the project, are effective as a screen planting, and are useful in protecting slopes.

Selected plant materials shall be in scale with the composition of the structures, the site, and its various uses and surroundings; arranged to harmonize in size, color, texture, and year-round characteristics of the structures and the development of the grounds.

Plant materials shall be indigenous to this area or be readily adaptable to the climate and soil conditions. They shall not be excessively weedy in habit or growth characteristics or unduly susceptible to noxious pests or plant diseases which would seriously impair their function or permanence or greatly increase maintenance costs. New plant materials which might be injurious to local plants or agricultural products by serving as an intermediate host to pest or plant diseases are specifically prohibited. Plant materials to be installed shall be true to name in accordance with the current issue of "Standardized Plant Names" published by the American Joint Committee on Horticultural Nomenclature.

Required lawn areas shall consist of a thick stand of permanent grass or other approved ground cover.

Landscaping shall be watered, replanted, and permanently maintained or replaced as necessary.

Circulation. Circulation (e.g., streets, roads, pedestrian walks, trails, bicycle ways, parking and service areas) shall be designed and constructed as follows:

Every principal structure shall have safe and convenient access to a public street or road, including access by service and emergency vehicles. Private access may be allowed only where the need for public access is not reasonably anticipated, and it shall have an easement of record for access by emergency and service vehicles. Private streets shall not exceed six hundred (600) feet in length.

Vehicular, pedestrian and bicycling circulation shall be designed to permit smooth traffic flow, with controlled turning movements and minimum hazards. Streets shall be laid out to discourage outside traffic from traversing minor streets. Consideration shall be given to location of walkways used by substantial numbers of children as play areas or routes to school in order to minimize contact with normal vehicular traffic.

Streets shall not create unnecessary fragmentation of the PD into small blocks. In general, block size shall be the maximum as is consistent with use, shape of the site, and the convenience of the occupants.

Open Space.

Landscaped areas, recreational areas, and those areas retained in natural or quasi-natural condition shall together constitute open space. Open space may also serve to preserve visual separation or buffers between varying uses. Wherever desirable, open space areas shall be integrated with each other and linked by trails, drives and/or pedestrian walkways rather than left existing as isolated unrelated fragments.

Open space areas and common facilities shall be deeded to a homeowner's association or similar entity, or dedicated to a public body (if acceptable to the Board of Aldermen). If not so dedicated, the developer shall include provisions in the final documents to ensure perpetual maintenance. In the event that such areas are not maintained, the City may cause such maintenance to be performed and to assess the cost of same to the property owners within the PD.

Site planning and design shall preserve, to the maximum extent possible, the existing natural features which enhance the attractiveness of the area (such as vegetation, watercourses and historic features) and shall blend harmoniously with all uses and structures contained within and surrounding the PD.

Site Characteristics.

Structures and site improvements, including the scale, character, and orientation thereof, shall be compatible with present and future neighborhood uses.

A PD approval may be conditioned on whether or not the PD promotes:

Solar energy uses;

Cooling efficiency;

Underground utility lines;

Streets and roads efficiency;

Lighting efficiency;

Economical servicing and maintenance (police, fire, postal, refuse removal, street repair, etc.);

Alternate modes of transportation (school buses, bicycles, public transportation, etc.); and

Jobs-housing balance.

Land which is unsuitable for development because of potential hazards such as steep slopes, flooding, rockfall, subsidence, high water table, air or vehicular traffic hazards, or, if developed, may be detrimental to the health, safety, or general welfare of existing or future residents shall not be developed unless the hazards are eliminated or mitigated by approved design, construction plans and/or off-site mitigation or payment of mitigation fees. Consideration shall be given to preservation of areas of significant natural amenities. Those areas determined undevelopable according to the terms of this Chapter shall be preserved in their natural state.

Administrative Procedures And Requirements.

Application. An applicant shall file an application with the Zoning Administrator for approval of the PD. The application shall include a concept development plan for the entire property or tract. The applicant shall file a combined concept development plan with a preliminary plat. Where a PD application requires a rezoning, the rezoning application and procedures shall be done in conformance with these regulations. The PD and the rezoning processes may be done simultaneously.

Concept Development Plan. The concept development plan (CDP) does not require in-depth site analysis, but serves to generally define the proposal in order to determine whether public or private benefits would be derived through the use of a "PD" District. Submittal material for the CDP need not normally exceed the detail requirements listed below. A developer may either voluntarily submit more detailed information, or the Planning and Zoning Commission and Board of Aldermen may require more detailed information when necessary to make a decision. The concept plan which shall show the various existing and proposed types of land uses, depicting their relationship to each other and to surrounding uses. This site plan should take the form of a "bubble" map, which locates proposed uses in an approximate fashion, including tentative circulation diagrams and anticipated buffers or screening rather than building footprints or precise street layouts. A written statement which shall contain the following information:

The approximate number of acres in each proposed land use;

The density being requested;

The character and density of dwellings, structures or uses on each portion of the property;

Soil types and their respective boundaries, based on soil conservation service information;

Developments of forty (40) acres or more shall indicate whether portions of the total land area will be phased; projects of less than forty (40) acres shall submit the entire area for preliminary review at one (1) time;

Proposed schedule of development;

Legal description of the area proposed for rezoning;

Names and addresses of all adjacent (see definition) property owners within two hundred fifty (250) feet of all boundaries of the property.

Site Plan. A detailed site plan and preliminary subdivision plats as required by these regulations shall be approved by the Planning and Zoning Commission and the Board of Aldermen.

A development agreement shall be entered into covering all requirements for design, public improvements, payment of fees, dedications, maintenance and upkeep and all conditions attached to the development approval. The development agreement may provide for vesting the entitlement of the development through its various phases.

Conditions. Upon final approval, the site plan, final subdivision plat and development agreement shall be recorded in accordance with these regulations with the City Clerk and the Jackson County Department of Public Records. The final plat, site plan and development agreement shall contain all of the following information which is pertinent to the PD:

The setbacks, a list of approved and/or specifically excluded uses, and any pertinent conditions or stipulations which were previously made or imposed;

All proposed publicly or commonly-owned site improvements such as, but not limited to, those listed below shall be included in the improvements agreement, improvements guarantee, and development schedule;

Road grading, surfacing/signing/lighting;

Curbs/gutters;

Sidewalks/pedestrian walks/trails/associated structures;

Sanitary sewers stubbed to each lot;

Water lines stubbed to each lot, including fire hydrants;

Drainage structures/improvements;

Open space and recreational improvements/facilities/landscaping;

Structures/parking areas;

Irrigation water system for open space;

Irrigation water delivery system for all lots;

Timing, phasing and vesting provisions;

Environmental sensitive and agricultural land preservation;

The range of affordability of the housing units;

The availability of adequate public facilities as shown in the capital improvement program; and

All other requirements in these regulations for site plan, final plat and development agreement approval.

Minor Amendments. No changes may be made in the approved final plan without the approval of the Board of Aldermen, except that the following changes may be approved by the Zoning Administrator provided any such change does not exceed the requirements of the zoning district in which the property is located; upon application to the Zoning Administrator pursuant to the following:

A change in the floor area of the buildings, provided that any such change does not alter the floor area ratio;

Changes in location and type of landscaping buffering and/or screening to provide for greater coverage;

Changes in the orientation of portions of parking areas so long as the effectiveness of the overall site circulation and parking is maintained the number of parking spaces shall not be changed by the relocation and the landscaping, buffering and/or screening is maintained or enhanced; or

Changes in the location of sidewalks and pathways, provided that the extent and continuity of pedestrian circulation remains;

(1)

Major Amendments To Plan. All other changes, including changes in the approved plan, shall be deemed "major" and shall be approved only by the Planning and Zoning Commission or, upon appeal, the Board of Aldermen after review of a revised site plan and/or subdivision plat. No change authorized by this Chapter may allow any change in the use, development or design standards of the underlying district.

(2)

Recording Of Changes And Amendments. Any changes which are approved for the final plan and/or plat shall be recorded as amendments to the previously recorded plan and/or plat.

(3)

Administrative Permits. No administrative permit shall be issued unless such permit conforms with the adopted site plan, final subdivision plat and development agreements.

(4)

Construction Improvements Or Posting Of Bond. No structures may be erected and no uses may occupy any portion of the district until the required adequate off-site improvements are constructed or appropriate security as determined by the Planning and Zoning Commission is provided to ensure construction. If the PD is to be developed in phases, all improvements necessary to the proper operation and functioning of each phase, even though same may be located outside of the section, must be constructed and installed or appropriate security as determined by the Administrator must be provided to ensure their construction.

(5)

Time Limitation. If substantial construction or development does not begin within the period of time specified in the adopting ordinance or in resolutions and ordinances thereto, the approved site plan, final subdivision plat and development agreement shall become voidable unless extended by approval of the Board of Aldermen upon written application. Noticed public hearings before the Board of Aldermen and the Planning and Zoning Commission for its recommendation shall be required prior to any revocation.