City of Smithville, MO Planned Development Overlay District Regulations

[R.O. 1991 § 400.200; Ord. No. 2865-13 § 1(Exh. A § 400.220), 4-2-2013]

Intent.

Any of the zoning districts mentioned above shall have a separate and distinct counterpart known and herein referred to as a "Planned Development." Such Planned Development shall be designated by adding thereto the designation of "P" to the underlying district, such as "B-3-P." The Planned Development shall be for the purpose of permitting and regulating the uses permitted in the equivalent district and further provide for and encourage latitude and flexibility in the location of buildings, structures, roads, drives, variations in yards, open spaces, etc. subsequent to final approval of the plan. The result is to allow development of tracts of land to their fullest extent and at the same time observe the general intent and spirit of these regulations. The purpose of this district is to also provide for and encourage the appropriate grouping of buildings to reduce vehicle trips, maximize open space and for the beautification of the district.

Generally, the height and bulk of buildings, the amount of open space, the concentration of people and traffic and the parking and loading requirements shall be equal to those in the underlying district classification. The uses permitted in the Planned Development shall be the same as in the underlying district. Variations and departures from the standard requirements of the underlying district may be permitted. Each building need not front onto a public street, and more than one (1) principal building may be located on one (1) lot. Buildings may be constructed on platted tracts which are smaller than the minimum lot size requirements where other adjacent, maintained permanent open space is provided. Buildings may be grouped in clusters or around courts and may be served by private drives in lieu of public streets. Buildings may be located closer to lot lines than otherwise permitted provided such buildings are architecturally suitable for such a relationship to adjoining buildings or property.

Procedure For Rezoning Property To A Planned Development Overlay District.

A tract of land may be zoned to a Planned Development District by the City without first approving a conceptual development plan. For all other applicants for Planned Development District zoning or amendments, a conceptual development plan must be submitted to the Commission for approval. The applicant shall pay a non-refundable deposit of two hundred fifty dollars ($250.00) and submit an application that contains, at a minimum, the following elements:

The boundaries of the tract to be zoned and the area adjacent for a distance of two hundred fifty (250) feet.

The existing and proposed topography with contour intervals not greater than ten (10) feet intervals on a plan at a scale of one (1) inch equals two hundred (200) feet or larger. The proposed topography shall be clearly delineated on the plan.

Proposed location, number and arrangement of buildings, structures, parking areas, existing and proposed streets, drives, open spaces, drainage landscaping, and other reasonable information required by the Commission. Sufficient approximate dimensions to indicate the relationship between building, streets, drives and property lines should be on the plans as well.

The plan shall be accompanied by a plat giving a full legal description of the boundaries of the property.

A draft of conditions, covenants and restrictions (CCRs) easements, associations and maintenance agreements as well as specifications for ingress/egress to the property and any other legal requirements which will run with the property.

Preliminary elevation and plan drawings of proposed buildings which sufficiently depict the architectural theme of the project.

Preliminary signage plan that identifies the materials, sizes, heights and locations proposed to be used on signs within the project. The signage plan shall be consistent with the overall architectural theme of the buildings and project.

A list of all property owners within one hundred eighty-five (185) feet of the boundaries of the proposed area.

The Commission shall hold a public hearing on the conceptual development plan and after such public hearing shall approve, approve with conditions, or disapprove the conceptual development plan. At such time as the conceptual development plan is approved, approved with conditions or disapproved by the Commission, the same shall be forwarded on to the Board of Aldermen for final action. The procedures for noticing and holding a public hearing for a conceptual development plan shall be the same as specified in Section 400.555. The approval of the conceptual development plan is in addition to, not in substitution of, the required statutory rezoning process.

In reviewing conceptual development plans for a Planned Development Overlay District, the Commission shall consider the requirements in the site plan review provisions in Section 400.390 through 400.440 when evaluating the following:

Topography; to ensure the site is suitable for development, and buildings are located and arranged in appropriate areas.

Parking; to ensure the proposed development contains an adequate amount of parking and is located in an appropriate area or adequately screened. Generally, the parking should conform to the required number of spaces appropriate to the development type as contained in Section 400.470. The Commission may allow a deviation from these parking requirements should the applicant show an adequate amount of parking exists.

Setbacks; to ensure buildings provide for adequate light, air, and privacy protection by providing appropriate proportion between buildings, and adequate separation between buildings and adjoining properties.

Architecture; to ensure the architectural theme is compatible and consistent throughout the project and is reasonably compatible with surrounding developments.

Site plan; to ensure the location and arrangement of buildings, signs and other structures are appropriate for the site, existing and proposed streets, drives and public ways are arranged appropriately and to ensure site drainage has been adequately addressed.

Landscaping; to ensure the development provides adequate landscaping to provide a pleasant environment, to enhance the building's appearance, to ensure existing significant trees are adequately protected.

Any other feature or issue associated with the State zoning and planning enabling legislation or the Comprehensive Plan for the City of Smithville for which the Commission feels is appropriate and relevant to the development of the site.

Prior to approving a conceptual development plan for the purposes of this Section, the Commission shall make the following findings:

That the Commission has reviewed the conceptual development plan with consideration of the issues contained in Subsection (B)(3) above; and

That the conceptual development plan is in conformance with the comprehensive land use plan and other appropriate Sections of the Code of Ordinances; and

That the conceptual development plan provides for an organized and unified system of land use intensities which are compatible with the surrounding areas; and

That the proposed development adequately protects the health, safety and general welfare of future and existing residents and property owners in and around the development.

Upon final approval of the plan and the zoning or rezoning of the tract as required by law, building permits may be issued and conformance with the plan and all supporting documentation is mandatory. Substantial deviation from the plan shall require resubmittal to the Commission and Board in the same manner as the original procedure.