[Ord. No. 509, 8-11-2021]
A.
Submittal Requirements. The applicant shall have a preliminary
development plan for a Planned Development District prepared and submit
it to the City Clerk. The plan will be reviewed by the Administrative
Officer, and the applicant will pay all associated costs, according
to Section 400.343(D) of this Chapter. The application for the preliminary
development plan must include the following:
1.
ALTA 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.
A statement describing the provisions for maintaining
common open space, common recreational facilities, or common public
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 the 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. The
developer may transfer interest in and to the common areas of the
planned development after at least sixty percent (60%) 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.
b.
There shall be established a homeowners' association,
which shall be responsible for the common areas of the planned development.
c.
The homeowners' association shall establish a Board
of Directors, and the Board of Directors shall have the responsibility
of collecting the assessment and maintaining the common areas.
d.
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.
e.
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.
f.
The City shall have the right, but not the duty,
to enforce the maintenance of the common areas.
g.
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.
B.
Process.
1.
The Planning and Zoning Commission shall hold a
public hearing on the preliminary development plan in accordance with
this Chapter within thirty (30) days after the preliminary development
plan application has been reviewed by City staff. 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 and Zoning Commission to have the plan the month before
the hearing for a review period.
2.
The Planning and Zoning Commission shall determine
its findings regarding the compliance of the preliminary development
plan 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 forty-five (45) days of the public hearing of the preliminary
development plan.
3.
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 Planning and Zoning Commission concerning the preliminary development
plan. Approving the preliminary development plan by ordinance establishes
the zoning for the district.
4.
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.
5.
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.
6.
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 Planning and Zoning Commission and an ordinance
approving the preliminary development plan establishes the zoning
for the district.
C.
Approval.
1.
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.
2.
Any such ordinance shall also specify the conditions
and restrictions that have been imposed by the Planning and Zoning
Commission on the planned development and the extent to which the
otherwise applicable district regulations have been varied or modified.
When the Planning and Zoning Commission has designated divisible geographic
sections of the development that may be developed as a unit, the ordinance
shall authorize the Planning and Zoning Commission to modify the schedule
of development to the extent set out under the general provisions.
3.
When the preliminary development plan is approved,
and the applicant has accepted any restrictions, conditions, or alterations
to the plan, Planning and Zoning 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.
4.
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 City Hall.
5.
Approval of a preliminary development plan shall
not qualify as a final plat of the planned development for recording.
6.
A preliminary development plan which has been approved
or approved with modifications that 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.
7.
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.
D.
Revocation And Denial.
1.
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.
2.
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 reestablishing
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.
3.
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:
[Ord. No. 509, 8-11-2021]
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 and
Zoning 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 this Chapter,
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.
Submittal Requirements. The application for approval of a final
development plan shall include:
1.
A site plan in conformance with the requirements
of this Chapter 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 this Chapter and Section 510.040 of the Kimberling City 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.
Process.
1.
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.
2.
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 and Zoning Commission good cause for any variation
between the preliminary and final development plans.
3.
A final development plan, or any unit thereof, that
has been approved by the Planning and Zoning 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, the final plat shall be
recorded by the Stone 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 the transfer
of ownership of any lots or property can take place. In the event
the Planning and Zoning 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.
D.
Approval. The Planning and Zoning Commission shall grant the
final development plan approval within thirty (30) days of the Planning
and Zoning meeting at which the final development plan is considered,
if the following conditions are met:
1.
The final development plan is in substantial compliance
with the preliminary development plan.
2.
No public hearing is required for the final development
plan.
3.
The application for final development plan approval
has been submitted with all required components to the Planning and
Zoning Commission.
4.
If there is an ownership change, including a change
in corporation or LLC with the same members, or there is a sale of
the project and site, a new application with ownership information
must be submitted to the City Clerk for Planning and Zoning review
and approval. This application must be submitted to the City Clerk
sixty (60) days prior to the sale. Once the sale has concluded and
ownership has been transferred, the City Clerk must be notified that
the sale has been finalized.
5.
A final development plan, or any unit thereof, that
has been approved by the Planning and Zoning 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 Stone 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.
6.
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.
E.
Denial And Revocation.
1.
In the interest of the public's safety, health and
welfare, the Planning and Zoning 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.
a.
The Planning and Zoning 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.
b.
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.
c.
If the Planning and Zoning 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.
d.
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 and Zoning Commission,
and final approval is deemed to be denied.
2.
Should the final development plan not be in substantial
compliance with the preliminary development plan as approved by ordinance,
the Planning and Zoning 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.
a.
The applicant may make the changes required by the
Planning and Zoning Commission to bring the final development plan
into compliance, or the applicant may request that the Planning and
Zoning Commission hold a public hearing on the application for final
approval.
b.
Any such public hearing shall be conducted in the
manner prescribed in Section 400.451(B) of this Chapter. The fee for
this hearing is calculated according to Section 400.343(D) of this
Chapter.
c.
Within thirty (30) days of the conclusion of the
public hearing, the Planning and Zoning Commission shall by resolution
either grant or deny approval of the final development plan.
d.
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 this Chapter.
(1)
The applicant must take either alternative action
within the time period specified for final approval. In the event
that the Planning and Zoning 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.
(2)
If the applicant takes no action, it will be presumed
that the applicant has abandoned the plan.
3.
If a final development plan or one (1) 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 (1) 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 the enactment of an amendment to this Chapter as prescribed in
Section 400.411 of this Chapter.
[Ord. No. 509, 8-11-2021]
A.
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 and Zoning Commission and transmitted to the Board
of Aldermen in the manner required by this Chapter. The Planning and
Zoning Commission shall hold public hearings on any such amendment
before taking action on the amendment in accordance with the provisions
of this Chapter.
