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HomeMy WebLinkAbout1999 - 27 - Addition of Section 410.140 to the Municipal CodeBILL NO. 99-27 ORDINANCE NO. 99- AN ORDINANCE AMENDING CHAPTER IV: LAND USE OF THE MUNICIPAL CODES FOR THE CITY OF RIVERSIDE, MISSOURI, BY ADDING A NEW PLANNED DEVELOPMENT DISTRICT TO BE DESIGNATED AS SECTION 410.140. BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. Following a thorough review of the subject of Planned Development Districts by both the members of the Planning and Zoning Commission and Board of Aldermen and SECTION 2. After duly advertising and conducting two Public Hearings, one by the Planning and Zoning Commission and one by the Board of Aldermen, at which time residents were encouraged to present testimony, and SECTION 3. Having received a recommendation of "Do Pass" from the Planning and Zoning Commission, SECTION 4. The Board of Aldermen hereby approves the amendment of Chapter IV: Land Use of the Municipal Codes for the City of Riverside, to include the addition of a newly created Section 410.140 to be designated as "Planned Development District" as proposed on the attached pages, all of which have been reviewed and adopted by the Board of Aldermen. SECTION 5. This ordinance shall be in full force and effect from and after its date of passage. PASSED THIS 20TH DAY OF APRIL, 1999. Mayor Ed Rule ATTEST: __ i " ~_~ Lo,ise Rusick, City Clerk Section 410.140. District 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 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 underlying zoniong in compatible arrangements that give the home occupant greater choice in selecting types of enviornment and living units. 4. Clustering of one residential type for better use of land and open space, as long as the resultant density does not exceed the allowed density based on the applicable zoning of the plan per acre. 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 unit development. 8. Simplification of the procedure for obtaining approval of proposed development through simultaneous review by the city of proposed land use, site considerations, lot and setback consideration, public needs and requirements, and health and safety factors. 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 uaes. 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. (CHANGE ADDED BY CITY ATTORNEY. 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 within the parameters of the UNDERLYING ZONING DISTRICT. (CHANGE MADE BY CITY ATTORNEY) DELETING "ESTABLISHED ZONE". 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. 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 2 foot intervals. b. Land planning information, including: proposed location, use and height of all buildings and other structures, parking areas, drive, 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 drainage plan. h. Proposed phasing plan for the development. i. Initial traffic impact analysis. j_ All additional information not set forth above, that is required by Section 485.190 of Chapter IV. (ADDED BY CITY ATTORNEY) 3. The following items shall be shown on the same drawing within the two-hundred-foot adjacent area: a. Existing topography with contours at 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 Section 440.010 of the zoning ordinance, "Special use permits." 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 (30) percent 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 commnon areas reserved for recreational or scenic purposes 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 in which the development is located. b. Ownership and control of common areas and open space shall be by the homewoners association, condominium association or similar organization with authority to collect funds from its members for improvment 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 unit development 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 maximum net density for the entire tract shall not exceed the allowable density established by the applicable zoning of the land per acre. 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 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 to 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. 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 Section 485.190 (E). 2. After consideration of the application the Planning Commission shall make a report to the Board of Aldermen regarding 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 shall hold a public Hearing thereon after at least fifteen (15) days public notice. 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. In those instances where the application involves a re-zoning from a standard zoning district to a Planned Development District designation, approval of the preliminary development plan shall constitute approval of the rezoning request. 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. If has begun or no use established within a twelve (12) month period or been initiated in subsequent within twelve (12) months of the the proposed development shall hearing and reconsideration of the and preliminary development plan. no substantial construction in the planned development from the date of approval, phases of the development approved phasing schedules, be republished for public approved PD zoning district 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 substantial 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 substantial 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. Or any other change where it is determined 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 Section 440.010 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 Codes Enforcement Officer. If the Codes 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 Section 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 and shall further include grading, landscaping, lighting and signage plans. 3. The city Planning Commission shall review the final plan and determine if the final plan is in substantial compliance with the 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 plat 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 Codes Enforcement Officer. 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.