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HomeMy WebLinkAbout2006-08-31 Planning & Zoning Commission PacketSPECIAL MEETING PLANNING AND ZONING COMMISSION 2950 NW VIVION ROAD , RIVERSIDE, MO 64150 AGENDA August 31, 2006 7:00P.M. 1. Call to order 2. Roll call 3. Planning & Zoning Commission Picture for Vil ebsite 4. Public Hearing: To consider amending Riverside Municipal Code Section 410.085 "PD" Planned Development Districts. 5. Grading Permit: T.E . Woods-Gatewoods 3rd Plat 6. General Discussion 7. Adjournment L uise Rusick, City Clerk Posted 8/30/06 1:00 pm Applicant: City of Riverside Case Number: PC06-35 City of Riverside Staff Analysis Report Requested Action: To consider amending Riverside Municipal Code Section 410.085 "PD: Planned Development". Overview and Analysis Riverside Municipal Code Section 410.085 currently regulates the zoning district "PD: Planned Development District". To date, there is one 1proved "PD" (Gatewoods 1st and 2nd Plat) and one pending "PD" application (Gatewoods 3r Plat) within the City. After review by City staff, it is our opinion that several major issues need to be addressed to ensure more compatibility and compliance with the intent of a true "Planned Development". In review and summary, these issues can be generally described as ·the following: o Certain sections of the existing "PD" code allow for circumventing restrictions, instead oflooking at a "macro" development allowing exceptions that help ensure desired outcomes. For example, an acceptable use of"PD" would be allowing exceptions to front yard setbacks to allow for greater rear yard buffer zones. o Certain sections of the existing "PD" are procedurally in error with other parts of the code and Missouri State Statute. For example, the review of a "PD" is supposed to be through the same procedures as a Special Use Permit, this is incorrectly prescribed because it is truly a rezoning of property. Also, parts of the existing "PD" give the appearance that this is an overlay district, which it is not, and therefore causes confusion with applicants. o 'While exceptions are part of ''PD" zoning, the code prescribes very little criteria of minimums for exceptions. • o With "PD" zoning, the code should set expectations for housing types and quality, this is currently not in place . o The "PD" in its current state is primarily for residential, we believe that commercial applications could be appropriate in circumstances and minor revisions need to be made to address future requests. The revisions proposed combine to address the issues listed above. Pro posed Code Amendment Attached, please find the proposed "PD" amendments and revisions. Staff will provide an overview of the changes made to the existing Code at the Public Hearing. 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 preiiminary piat approvai shaii depict the ability to meet the minimum landscape requirements of the site plan review ordinance. 3. Open space. Thirty percent (3 0%) 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 buff er area which shall be equal in area to the total amount of area by which each lot was reduced below the mjnjmum 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. 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 trash 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 of ten (10) contiguous acres ofland, 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. 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: Dwelline Typ e Minimum Floor Area Detached Single Family 900 sq. ft. ground floor/ 1,400 s q. ft. total Patio Home 800 sq. ft. ground floor/ 1,200 sq. ft. total 2 Units Attached 1,100 sq. ft. 3 Units Attached 1,000 s q. ft. 4 Units Attached 1,000 s q. ft. average of all units/ 850 s q. ft. minimum More than 4 Units Attached 1,000 sq. ft. average of all units/ 750 sq. ft. minimum 10. Manufactured homes. Manufactured homes shall not be permitted in planned development districts. F. Review Procedure. 1. An application together with a complete preliminary development plan, including information as required in Section 48 5 .190 , shall be considered at a Planning Commission meeting held in accordance with the provisions of Chapter 4 70. 2. After consideration of the application pursuant to Chapter 4 70, 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 4 70, shall make a final ruling on the approval of the Planned 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 the preliminary development plan shall include the change in zoning designation as well as the specified conditions attached to approval of the plan as previously discussed. G. Failure To Begin Development. Ifno 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 deveiopment 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 development shall consist of the following: 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 ofland 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 .ofthe 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 Section. 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. 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 furnished 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 development plan. (Ord. No. 99-27 §4, 4-20-99; Ord. No. ___ ) PROPOSED SECTION 410.085: "PD" 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, fanns, 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 zoning 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 ofland and open space, as long as the resultant 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 ofland 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 development 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. Secondary non-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 ofland 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. 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 plan 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. 1. Initial traffic impact analysis. j. All additional information not set forth above that is required by Section 485.190 of Title IV of this Code. 3. The following items shall be shown on the same drav.ring 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. 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 of non-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.