HomeMy WebLinkAbout2006-114 - Amendment to Section 410.085 of the Municipal Code Regarding the Planned Development DistrictBILL N0.2006-114
ORDINANCE N0.2006-114
AN ORDINANCE AMENDING CIiAPTER 410.085 OF THE MUNICIPAL CODE OF
THE CITY OF RIVERSIDE, MISSOURI, AMENDING PROVISIONS REGARDING
BPD" PLANNED DEVELOPMENT DISTRICT
WHEREAS, the City of Riverside, Missouri (the "City") and its staff have conducted a
comprehensive review of the City's Municipal Code (the "Code") sections regarding the "PD:
Planned Development District"; and
WHEREAS, the Riverside Planning & Zoning Commission, at a public hearing held on
August 31, 2006 considered and discussed amendments to the City Code's Sections regarding
"PD: Planned Development Districts"; and
WHEREAS, after such consideration and discussion, the Planning & Zoning Commission
recommended that the City's Board of Aldermen adopt the proposed amendments; and
WHEREAS, during a public hearing held during its meeting on September 5, 2006 the
Board of Aldermen considered and discussed the proposed amendments and the recommendation
of the Planning & Zoning Commission; and
WHEREAS, the Board of Aldermen has determined it to be in the City's best interests to
accept the Planning & Zoning Commission's recommendation and adopt the proposed
amendments,
WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and
deemed adoption of the amendments to be advisable and in the City's best interests for the
promotion of the health, safety and welfare of the residents of the City.
NOW, THERFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. Riverside Municipal Code Section 410.085 "PD: Planned Development
District" be amended and read as follows:
SECTION 410.085: KPD" PLANNED DEVELOPMENT DISTRICT
A. Intent. The intent of the Planned Development District is to facilitate the development of
large scale or for the development of difficult sites due to topographic or other environmental
considerations in such a manner as to allow one (1) or more of the following objectives to be
obtained:
1. Flexibility in design and to take the greatest advantage of natural land, farms, trees,
historical and other features.
2. Accumulation of large areas of usable open space for recreation, preservation of natural
amenities, and provision of community facilities.
3. Creation of a variety of dwelling types consistent with the existing caning in compatible
arrangements that give the home occupant greater choice in selecting types of environment and
living units.
4. Clustering of one (1) residential type for better use of land and open space, as long as the
resuitant density per acre does not exceed the allowed density of the applicable zoning district
prior to rezoning to "PD."
5. Allowance of sufficient freedom for the developer to take a creative approach to the use
of land and related physical development, as well as utilizing innovative techniques to enhance
the visual character of the City.
6. Efficient use of land which may result in reduction in development and maintenance
costs of street and utility systems.
7. Establishment of criteria for the inclusion of compatible associated uses to complement
the residential areas within the planned development district.
8. The Planned Development District shall not be used to circumvent the requirements of
the applicable zoning district prior to rezoning to "PD" While a limited number of the
requirements of the existing zoning district may be modified, the proposed planned development
district as a whole shall meet develop~mert standards no less stringent than the existing zoning
district.
B. Permitted Uses.
1. Primary residential uses. Planned developments which incorporate a variety of dwelling
types shall not exceed the designated density allowed in the existing zoning of the entire tract.
Planned developments which incorporate one (1) type of residential unit only shall not exceed
the density allowed in the district under which that type of residential unit would typically be
developed.
2. Secondmyaon-residential uses. Non-residential uses of a religious, public or semi-
public, cultural or recreational character shall be permitted in residential districts as allowed in
the underlying zoning district. Such non-residential uses shall be compatible with and secondary
to the primary residential use.
3. Commercial and industrial uses. Planned developments in commercial or industrial
zones may incorporate a combination of retail, commercial, or industrial uses permitted in the
zoning district prior to rezoning to "PD".
C. Zoning Property To A Planned District. A tract of land may be zoned to "PD" only upon
approval of a preliminary development plan. The applicant will show and include all property
the applicant owns, contiguous and adjacent. The applicant for a planned development shall
prepare and submit to the City a preliminary development plan containing the following
information.
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1. The preliminary development plan shall show the property to be included in the
proposed development, plus the area within two hundred (200) feet thereof.
2. The following information shall be included on the property to be developed:
a. Existing topography with contours at two (2) foot intervals.
b. Land planning information, including: proposed location, use and height of all
buildings and other structures, parking areas, drives, walks, screening, utilitarian areas, common
open space, outdoor lighting, detached signage, conceptual landscape plea and major natural
features (e.g. lakes, creeks, natural slopes).
c. Sufficient dimensions to indicate relationship between buildings, property lines,
parking areas and other elements of the plan.
d. The proposed plan for pedestrian circulation in the development if it is intended to be
outside the public right-of-way.
e. The location of any and all individual trees having a trunk diameter of six (6) inches
or more measured one (1) foot above the ground.
f. The preliminary layout of sanitary sewer, storm sewer, and water
collection/distribution systems.
g. Preliminary grading and draining plan.
h. Proposed phasing plan for the development.
i. htitial traffic impact analysis.
j. All additional information not set forth above that is required by Section 485.190 of
Title N of this Code.
3. The following items shall be shown on the same drawing within the two hundred (200)
foot adjacent area:
a. Existing topography with contours at two (2) foot intervals.
b. Any public streets which are of record whether constructed or not.
c. Any drives which exist or which are proposed to the degree that they appear on plans
or on file with the City, except those serving single-family houses.
d. Any buildings which exist or are proposed to the degree that their location and size
are shown on the plans on file with the City.
e. The location and size of any drainage structure, such as culverts, paved or earthen
ditches or storm sewers and inlets.
4. The following quantitative information shall be included on the plan:
a. Parcel size.
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b. Proposed lot coverage of structures.
c. Floor area ratio.
d. Total amount of usable open space, broken down by proposed private and public.
e. Total number and type of dwelling units.
f. Approximate net residential densities.
g. Total amount in square footage ofnon-residential construction by type of use.
h. Number of parking spaces to be provided by use.
D. Procedure. All applications for approval of a planned development shall be reviewed in
accordance with the procedures contained in Chapter 470 of the Zoning Code.
E. Development Standards.
1. Comprehensive plan. The proposed preliminary development plan must substantially
conform to the approved Comprehensive Plan for the City, including land use, density of
development, major street location, parks and open space land, stormwater management, sanitary
sewer and water distribution.
2. Landscaping and screening. Planned developments shall provide for adequate
landscaping and effective screening for off-street parking areas and for areas where non-
residential use or high density residential use may be detrimental to lower density areas.
Required yards shall be maintained with grass, trees and shrubbery. The conceptual landscape
plan submitted in conjunction with preliminary plat approval shall depict the ability to meet the
minimum landscape requirements of the site plan review ordinance.
3. Open space. Thirty percent (30%) of the net land area must be devoted to open space.
Open space means land area of the site not covered by buildings, parking, or maneuvering areas,
but includes canopied recreational and pedestrian areas and private yards, if any.
a. A planned development shall provide common areas reserved for recreational, scenic
purposes, or buffer area which shall be equal in area to the total amount of area by which each lot
was reduced below the minimum lot size required in the zoning district prior to rezoning to
"PD".
b. Ownership and control of common areas and open space shall be by the homeowners'
association, condominium association or similar organization with authority to collect funds
from its members for improvement and maintenance of the common areas.
4. Design The site design must respect and enhance the physical and natural qualities of
the site and retain the positive qualities of the existing environment. It should utilize existing
topographic features and improvements, where feasible, shall be located to complement and
conform to the site topography, rather than change the site to accommodate a preconceived site
design.
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5. Utilitarian areas. Areas which shall be visually de-emphasized in design of the site are
utilitarian areas such as loading docks, mechanical equipment, storage areas and gash
enclosures. These areas should be located away from high exposure areas of the building and
site, i.e., along street frontages or other highly visible portions of the site. When such utilitarian
areas are visible from adjacent property or public rights-of-way, screening shall be provided.
6. Maximum net density. The net density within a planned development district shall be
computed by dividing the total number of proposed dwelling units within the development by the
gross development acreage, less dedicated public right-of-way. The single-family area shall not
exceed 2.74 units per acre.
7. Minimum size. A planned development shall contain a minimum often (10) contiguous
acres of land, except that the minimum size limitation may be waived, through the approval
process for sites which are difficult to develop due to extreme topographic conditions, excessive
flood plain coverage or other environmental conditions, to provide for the preservation of said
natural features.
8. Fire access. All developments shall be designed as required by the Fire Codes to
facilitate entry of emergency vehicles onto the site without negotiating tight turns or requiring
backing of said vehicles. All fire protection systems must be in place and in compliance with all
adopted Fire Codes.
9. Manufactured homes. Manufactured homes shall not be permitted in planned development
districts.
10. Minimum floor area. The minimum floor area, finished for living purposes, shall be
determined by the type of dwelling type proposed. The minimum floor area for each type of
residential unit within the PD District shall be:
Dwellin a Minimum Floor Area
Single Family (a> 900 sq. ft. ground floor/ 1,500 sq.
ft. total
Two Family (b) 800 sq. ft. ground floor/ 1,200 sq.
ft. total
Patio Home (c) 1,100 . ft.
Town Home (d) 1,000 . ft.
Condominium (e) 1,000 sq. ft. average of all units/
750 . ft. minimum
a. Single-Family Dwelling Unit: A detached dwelling unit designed for occupancy by one (1) family and
entirely surrounded by open space on the same lot.
b. Two-Family Dwelling Unit: A detached dwelling unit designed for occupancy by two (2) families
and entirely surrounded by open space on the same lot and are open to the outside on at least three (3)
sides.
c. Patio Home: Detached single-family dwelling units which are located on individually platted lots in
such a manner that one of the building's sides rests directly on a lot line. The same imerior property line
cannot be utilized for zero side yard construction on adjacent lots.
d. Townhome: A building divided vertically into three (3) or more separate dwelling units, each of
which has an independent ground floor access to the outside, are attached to each other by party walls
without openings and are open to the outside on at least two (2).sides. Townhomes maybe
condominiums.
e. Condominium Home: A single dwelling unit in a multi-unit dwelling or structure, that is separately
owned and maybe combined with an undivided interest in the common areas and facilities of the
property.
F. Review Procedure.
1. An application together with a complete preliminary development plan, including
information as required in Section 485.190, shall be considered at a Planning Commission
meeting held in accordance with the provisions of Chapter 470.
2. After consideration of the application pursuant to Chapter 470, the Planning Commission
shall make a recommendation to the Board of Aldermen. Following the close of the Public
Hearing, the Planning Commission shall recommend approval, modified approval, or denial of
the application after considering the facts of the applications and with regard to the impacts of
such proposed building or use upon the character of the neighborhood, traffic conditions, public
utility facilities, and other matters pertaining to the general public health, safety, and welfare of
the City of Riverside. The findings and recommendations of the Commission shall be
transmitted to the Board of Aldermen along with the conditions or restrictions recommended by
the Commission with respect to the preliminary development plan.
3. The Board of Aldermen pursuant to Chapter 470, shall make a final ruling on the
approval of the Phumed Development. If the preliminary development plan is approved by the
Board of Aldermen, it shall adopt an ordinance approving said preliminary development plan
with conditions as specified therein. The ordinance approving tbe preliminary development plan
shall include the change in caning designation as well as the specified conditions attached to
approval of the plan as previously discussed.
G. Failure To Begin Development. If no substantial construction has begun or no use
established in the planned development within a twelve (12) month period from the date of
approval, or been initiated in subsequent phases of the development within twelve (12) months
of the approved phasing schedules, the proposed development shall be republished for public
hearing and reconsideration of the approved PD zoning district and preliminary development
plan.
H. Amendments To The Approved Preliminary Development Plan.
1. Major changes. A major change in preliminary developme~ shall consist of the
following:
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a. An increase in the overall density of the development.
b. A material change in the layout of uses, buildings or common or open space in the
development.
c. A change in the primary access to the development or a material change in the
location of interior streets and roads.
d. A material change in the mix of dwelling types proposed.
e. An increase in the amount of land utilized for non-residential uses.
f. A reduction of approved open space.
g. A change in the perimeter treatment of the development.
h. A material change in the type, size or appearance of buildings in the development.
i. Any other change where it is determined by the Director of Planning & Economic
Development that the proposed change would have a substantial impact on the purpose or intent
of this Chapter.
Major changes will be reviewed under the procedure set forth in Chapter 470 of the zoning
ordinance.
2. Minor changes. All other changes in a preliminary development plan shall be
considered minor changes. Minor changes may be authorized by the Code Enforcement Officer.
If the Code Enforcement Officer denies a minor change, then the applicant may appeal such
action through the procedures set forth for approval of major changes.
3. Change of ownership. Should property in the Planned District change ownership after
approval of the Planned District has been made, the new owner shall be responsible for
compliance with all restrictions or conditions which are applicable to the approval of a planned
development and will be required either to complete the plan as approved or make formal
application to have the Planned District designation removed from the property following the
process provided in Subsection (C) as stated above.
I. Final Plan.
1. Prior to the issuance of a building permit for any building in a Planned District, there
shall be submitted a final plan for review and approval by the City Planning Commission. This
final plan shall be the basis for the issuance of any building permit.
2. Every final plan shall conform to the requirements of Section 485.200 and provide all the
information required of a development plan under Subsection (C) of this Secfion.
3. The City Planning Commission shall review the final plan and determine if the final plan
is in substantial compliance with the preliminary development plan, allowing for slight
differences in setbacks, yard and parking requirements and ratio of building coverage to land
area where conditions justify such changes.
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4. Upon approval of the final development plan and plat by the Planning Commission, the
final development plan shall be transmitted to the Board of Aldermen for their consideration.
The applicant shall have thirty (30) days in which to file a written appeal to the Board of
Aldermen of a denial by the Planning Commission.
5. Following approval of the final development plan by the Board of Aldermen, a plat shall
be recorded at the applicant's expense with the Platte County Recorder of Deeds, and a
reproducible mylar of such recorded plan famished to the Director of Planning ~ Economic
Development. All public improvements or open space shall be completed or any bonds required
to ensure completion shall be in place prior to recording of the final developme~ plan. (Ord.
No. 99-27 §4, 420-99; Ord. No. o2do 6 - //
Section 2 . The provisions of the Municipal Code of the City of Riverside, Missouri
amended herein shall not be construed to revive any former ordinance, clause or provision of the
Municipal Code of the City of Riverside, Missouri.
Section 3 . The sections, paragraphs, clauses, and phrases of the Ordinance are
severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree,
or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the
remaining Phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all
provisions of the Ordinance not specifically declared to be unlawful shall remain in full force
and effect.
Section 4. This Ordinance overrides any conflicting provision or regulation within
the Municipal Code of the City of Riverside, Missouri.
Section 5 . This ordinance shall take effect immediately.
Passed this day of v~2006.
ayor Kathleen L. Rose
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