[R.O. 2011 § 400.800; R.O. 2009
§ 156.175; CC 1981 § 30-159; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
A.
The purpose of the Planned Development
Districts is to provide a means of achieving greater flexibility in
development of land in a manner not always possible in conventional
zoning districts; to encourage a more creative and innovative design
of land development; and to promote a more desirable community environment.
B.
The City Council may, by an ordinance adopted
in the same manner as a rezoning is approved, authorize a Planned
Development District when the proposed development or use of a specific
tract of land or area warrants greater flexibility, control and density
than is afforded under the regulations of traditional zoning districts.
These planned development regulations are not intended to allow excessive
densities or the development of incompatible land uses, either within
the development or as the development relates to the general neighborhood.
The City Council may, upon proper application, approve a planned development
to facilitate the use of flexible techniques of land development and
site design by providing relief from traditional zoning standards
in order to achieve one (1) or more of the following objectives:
1.
Promote site planning that better
adapts to site conditions and surrounding properties that would not
otherwise be possible or would be inhibited under the district regulations
applicable to the property;
2.
Diversification in the uses permitted
and variation in the relationship of uses, structures, open space
and height of structures in developments intended as cohesive, unified
projects;
3.
Provide a means to evaluate and accommodate
larger developments with unique characteristics and complexities that
would not be entirely addressed in the district regulations applicable
to the property;
4.
Promote the creation and beneficial
uses of open space areas;
5.
Promote the preservation of natural
features of a development site;
6.
Creation of a safe and desirable
living environment for residential areas characterized by a unified
building and site development program;
7.
Ensure that development occurs in
a manner that is rational and economical in relation to public utilities
and services;
8.
Ensure efficient and effective traffic
circulation, both within and adjacent to the development site.
[R.O. 2011 § 400.810; R.O. 2009
§ 156.176; Ord. No. 98-209, 5-15-1998]
A.
A Mapped District. The "PD" District designation
is not intended to be attached to a parcel of land as an overlay to
the zoning district applicable to such parcel of land. The "PD" District
designation, as provided for in this Article, is a separate use district
and may be attached to a parcel of land through the Zoning Map amendment
process.
B.
Plan Approval Required. No development or redevelopment of property rezoned to the "PD" District designation shall take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Article, Amendments and Modifications, Sections 400.1010 through 400.1050, and applicable Sections of Chapter 405, Subdivision Regulations.
C.
Subdivision Approval. When a planned development involves subdivision of land, the subdivision review and approval procedure requirements contained in Chapter 405, Subdivision Regulations, shall be carried out simultaneously with the review of a planned development under this Article inasmuch as practicable. As applicable, reference is made to requirements in Chapter 405 of the Code of Ordinances within this Article.
E.
Approved PUD Districts. "PUD" Districts
existing at the time of the adoption of these regulations will be
subject to the restrictions included in any applicable agreement and/or
ordinance approved for that district and will not be required to comply
with the adopted regulations.
[Ord. No. 24-009, 2-6-2024]
[R.O. 2011 § 400.820; R.O. 2009
§ 156.177; Ord. No. 98-209, 5-15-1998; Ord. No. 10-244 § 1, 11-18-2010]
A.
An area approved for a "PD" District designation
shall be assigned one (1) of the following district classifications,
which shall be considered a separate zoning district and subject to
the specific restrictions and limitations established in the ordinance
creating such "PD" District.
1.
Planned Development – Residential
(PD-R). Planned developments involving residential uses only.
2.
Planned Development – Commercial
(PD-C). Planned developments involving commercial and/or office uses
only.
3.
Planned Development – Industrial
(PD-I). Planned developments involving industrial, commercial and/or
office uses only.
4.
Planned Development – Riverfront
(PD-RF). Planned developments involving tourism, retail trade, entertainment,
gaming, hotels, restaurants, residential, recreation, service and/or
related commercial uses along the City's riverfront.
5.
Planned Development – Mixed
Use (PD-MU). Planned developments involving a mixture of residential
and non-residential uses.
[R.O. 2011 § 400.830; R.O. 2009
§ 156.178; CC 1981 § 30-160; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 01-111, 6-8-2001; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 13-015 § 1, 1-15-2013]
A.
Planned Development – Residential.
Permitted land uses shall be established in the conditions of the
ordinance adopted by the City Council governing the particular Planned
Development — Residential District. Specific uses may include
only those uses designated as permitted, accessory or conditional
uses in any of the "R-1C," "R-1D," "R-1E," "R-2" and "R-3A" residential
districts.
B.
Planned Development – Commercial.
Permitted land uses shall be established in the conditions of the
ordinance adopted by the City Council governing the particular Planned
Development – Commercial District. Specific uses may include
only those uses designated as permitted, accessory or conditional
uses in the "C-1," "C-2" and "C-3" Districts or other uses of a commercial
nature, but excluding residential uses.
C.
Planned Development – Industrial.
Permitted land uses shall be established in the conditions of the
ordinance adopted by the City Council governing the particular Planned
Development – Industrial District. Specific uses may include
those uses designated as permitted, accessory or conditional uses
in the "I-1" or "I-2" industrial districts, but excluding residential
uses.
D.
Planned Development – Riverfront.
Permitted land uses shall be established in the conditions of the
ordinance adopted by the City Council governing the particular Planned
Development – Riverfront District. Permitted uses in the "PD-RF"
District are as follows:
1.
Art galleries, museums or libraries.
2.
Cafes, coffee shops and delicatessens.
3.
Commercial or not-for-profit recreation
facilities (public and semi-public) where not more than fifty percent
(50%) of the lot (exclusive of parking, access drives, setbacks and
required yards) is comprised of a building and no permanent or temporary
structure or equipment used in the operation of the use is higher
than forty-five (45) feet. Such facilities include:
a.
Gymnasiums and health/fitness clubs.
b.
Golf driving ranges.
c.
Batting cages.
d.
Sports parks providing indoor and/or
outdoor facilities for baseball, softball, soccer, volleyball, etc.
e.
Miniature golf courses.
f.
Bowling alleys.
g.
Archery ranges, provided that such
a range is approved by the Chief of Police.
h.
Roller or ice skating rinks.
i.
Indoor or outdoor swimming pools.
j.
Movie theaters not including drive-in
or outdoor facilities.
k.
Bars, nightclubs, restaurants, snack
bars and other eating and drinking facilities which are accessory
to the foregoing uses and do not comprise more than twenty-five percent
(25%) of the total building or land area devoted to the primary use.
[Ord. No.
21-078, 5-18-2021]
4.
Excursion boats, including those
providing restaurant, bar or other entertainment facilities, excluding
gaming operations; provided, that the development contains a sufficient
amount of riverfront land to provide any necessary and/or proposed
landside support facilities and parking equivalent to that which would
be required if the entire facility were located on land and, provided
that the amount of contiguous river frontage of the development is
equivalent to at least three (3) times the length of the floating
structure accommodating the use.
5.
Floating casinos and gaming establishments
in the form of excursion gambling boats and continuously docked excursion
gambling boats as permitted by the State Statutes, provided that the
development contains a sufficient amount of riverfront land to provide
any necessary and/or proposed landside support facilities and parking
equivalent to that which would be required if the facility were located
on land; and provided that the amount of contiguous river frontage
of the development is equivalent to at least three (3) times the total
length of the floating structure(s) or excursion riverboats accommodating
the use, whichever is greater.
6.
Floating restaurants, floating bars
and floating entertainment facilities, excluding gaming operations;
provided, that the development contains a sufficient amount of riverfront
land to provide any necessary and/or proposed landside support facilities
and parking equivalent to that which would be required if the entire
facility were located on land; and provided that the amount of contiguous
river frontage of the development is equivalent to at least twice
the length of the floating structure accommodating the use.
7.
Governmental offices and professional
offices exemplified by, but not limited to, those of lawyers, doctors,
architects and engineers.
8.
Heliports.
9.
Marinas and piers.
10.
Personal and business service establishments
such as:
a.
Banks and savings and loan associations.
b.
Barber shops and beauty shops (including
makeup and tanning salons).
c.
Custom dressmaking or tailoring shops.
d.
Travel bureaus/offices.
e.
Entertainment ticket offices.
f.
Hotel, motels, inns and bed-and-breakfast
establishments.
g.
Insurance services.
h.
Financial services other than banks.
i.
Day care facilities.
11.
Performing arts theaters.
12.
Public parks and open spaces.
13.
Retail stores and offices.
14.
Convention centers and public meeting
and exhibition facilities (freestanding or associated with hotels).
15.
Restaurants without drive-through
or drive-in operations and where fifty percent (50%) or more of the
sales are food.
a.
Distilleries for the production of
alcoholic beverages which are accessory to a restaurant permitted
use; provided, that the alcoholic beverages produced are for consumption
on the premises only and not for sale at retail in the original package,
and the distillery operator possesses all required, Federal, State
and local licenses.
16.
Single-family dwellings, two-family
dwellings, apartment buildings, residential condominiums, townhouses,
row houses and other types of multiple-family dwellings. The density
shall not exceed eighteen (18.0) dwelling units per acre (DU/A).
E.
Planned Development – Mixed Use.
Permitted land uses shall be established in the conditions of the
ordinance adopted by the City Council governing the particular Planned
Development – Mixed Use District. Specific uses may include
those uses designated as permitted, accessory or conditional uses
in the districts specified below:
|
"PD-MU" District Established
In
|
Uses Permitted by the Following
Districts
|
|---|---|
|
"A-1"
|
"A-1," "R-1C," "R-1E," "R-2," "R-3A,"
"C-1," "C-2," "C-3," "I-1"
|
|
"R-1C," "R-1D," "R-1E"
|
"R-1C," "R-1D," "R-1E," "R-2," "R-3A,"
"C-1," "C-2"
|
|
"R-2"
|
"R-1C," "R-1D," "R-1E," "R-2," "R-3A,"
"O-I," "C-1," "C-2"
|
|
"R-3A"
|
"R-1C," "R-1D," "R-1E," "R-2," "R-3A,"
"O-I," "C-1," "C-2"
|
|
"O-I"
|
"R-1C," "R-1D," "R-1E," "R-2," "R-3A,"
"C-1," "C-2," "I-1," except "C-3" uses
|
|
"C-1"
|
"R-1C," "R-1D," "R-1E," "R-2," "R-3A,"
"C-1," "C-2," "I-1," except "C-3" uses
|
|
"C-2"
|
"R-1C," "R-1D," "R-1E," "R-2," "R-3A,"
"C-1," "C-2," "I-1," except "C-3" uses
|
|
"C-3"
|
"R-1C," "R-1D," "R-1E," "R-2," "R-3A,"
"C-1," "C-2," "I-1," except "C-3" uses
|
|
"I-1"
|
"R-1C," "R-1D," "R-1E," "R-2," "R-3A,"
"C-1," "C-2," "C-3," "I-1"
|
|
"I-2"
|
"C-1," "C-2," "C-3," "I-1"
|
[R.O. 2011 § 400.840; R.O. 2009
§ 156.179; Ord. No. 98-209, 5-15-1998]
Except as otherwise provided for
herein, the minimum site size for any Planned Development Districts
shall be five (5) acres.
[R.O. 2011 § 400.850; R.O. 2009
§ 156.180; CC 1981 § 30-163; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord.
No. 01-156, 7-19-2001]
A.
General Standards. The approved development
plan shall provide for such exceptions from the regulations associated
with traditional zoning districts as may be necessary or desirable
to achieve the objectives of the proposed planned development. No
Planned Development District shall be allowed which would result in:
1.
Inadequate or unsafe vehicular access
to the development;
2.
An undue burden on public parks,
recreation areas, schools, fire and police protection and other public
facilities which serve or are proposed to serve the planned development;
3.
Substantial detriment to the surrounding
area; or
4.
Otherwise create substantial adverse
impacts on the public health, safety and welfare.
B.
It shall be the responsibility of the applicant
to clearly establish that the above are avoided or mitigated to a
level that is acceptable to the City.
C.
In addition to the above requirements, all planned developments shall be subject to architectural review in accordance with the provisions of Section 400.965 and Sections 400.1180 et seq., except where standards have been modified in the ordinance approving a planned development as determined by the City Council upon recommendation of the Planning and Zoning Commission.
[Ord. No.
14-036 § 1, 2-18-2014]
D.
Other Codes. All requirements of other
applicable ordinances of the City (e.g., building codes) shall be
met.
E.
Planned Development – Residential.
1.
Density.
a.
The density of residential development
shall be based upon the density limits of the existing residential
district(s).
b.
The density limits indicated in the
district regulations may be exceeded on portions of the site within
a "PD-R" District as long as the total site density limit is not exceeded.
This is referred to as "density transfer."
2.
Calculation Of Density.
a.
The computation of density shall
be based on dwelling units per net acre for the entire site.
b.
To compute the number of dwelling
units per net acre, fifteen percent (15%) of the gross acreage of
the parcel shall be deducted and the net acreage divided by the lowest
minimum lot size of the existing residential district. The following
provides an example of density calculation for a "PD-R" Development
established on a twenty (20) acre tract in an "R-1D" District:
c.
In situations where a proposed "PD-R"
District overlaps two (2) or more residential districts, density shall
be calculated separately for the portions of the "PD-R" District in
each of the existing residential districts.
d.
In situations where the existing
district is non-residential in nature, then density shall be calculated
using four (4) dwelling units per net acre.
3.
Density Bonus. The City Council may
approve an increase in density within a "PD-R" District, up to a maximum
of twenty percent (20%), which shall be based on the guidelines listed
below. The density bonuses shall be treated as additives and not compounded.
|
Maximum Percentage Increase
|
Design Element
|
|---|---|
|
10%
|
If a minimum of an additional five
percent (5%) of the net development area is devoted to common open
space (above the minimum requirement) and improved with public pedestrian
ways, bike paths, park land, swimming pools, tennis courts, community
centers, club buildings, etc. Additional common open space that is
to be landscaped qualifies under this design element consideration.
|
|
5%
|
If creative site designs and building
groupings are used, which take advantage of natural terrain and resolve
existing on-site and off-site water runoff and erosion problems. The
provision of storm drainage retention as a site amenity is encouraged.
Variations in building design are permissible.
|
|
5%
|
If creative use of landscape materials
are used and the provision of more extensive landscaping than would
otherwise be required under the landscaping requirements found elsewhere
in this Code.
|
|
If density bonuses are requested
under this Section, the applicant shall document all site amenities
or improvements for the City's review and consideration.
|
4.
Development Phasing. If the sequence
of construction of various portions of the development is to occur
in stages, then the open space and/or recreational facilities shall
be developed or legally provided for on a final plat, in reasonable
proportion to the number of dwelling units intended to be developed
during any given stage of construction as approved on a final plat
by the City Council. Furthermore, at no time during the construction
of the project shall the number of constructed dwelling units per
acre of developed land exceed the overall density per net acre established
by the approved "PD-R" District.
5.
Non-Residential Development. Non-residential
uses permitted in the "PD-R" District shall be subject to all requirements
for lot area, width, height, yards and setbacks prescribed in the
district in which they are first permitted.
6.
Common Open Space Requirements.
a.
Common open space shall comprise
at least fifteen percent (15%) of the gross area of the residential
development or be of a size equivalent to one (1) acre for each one
hundred (100) persons of expected population of the development, whichever
is greater. For purposes of this Subsection, the expected population
shall be determined by multiplying the total number of dwelling units
times two and one-half (2.5) persons per dwelling unit.
b.
The amount of required common open
space may be reduced by an amount equal to twice the total area of
private balconies or patios which are accessible to individual dwelling
units and consist of at least sixty (60) square feet of outdoor area
and have at least a horizontal dimension of six (6) or more feet.
In no case shall the area devoted to common open space be less than
ten percent (10%) of the gross site area.
c.
Common open space shall be used for
recreational, park or environmental amenity purposes for the collective
enjoyment of the occupants of the development.
d.
In addition to the above open space
requirements, the following regulates the use of this common open
space in terms of physical surface characteristics, size, location
and physical improvements therein.
(1)
Of the required common
open space, up to one-half (1/2) of it may be covered by water, flood
plain, stormwater detention/retention facilities or left in a natural
state which does not violate the nuisance provisions of the Code.
(2)
Each parcel of open
space shall not be less than six thousand (6,000) square feet in area
nor less than thirty (30) feet in its smallest dimension. At least
fifty percent (50%) of the common open space shall be contiguous or
connected with a minimum thirty-foot wide strip of dedicated open
space with a paved pedestrian/bicycle path of at least six (6) feet
in width.
(3)
To the extent practicable,
common open spaces shall be distributed equitably throughout the development
in relation to the dwelling units which such common open space is
intended to serve. The open space shall not be relegated to only isolated
areas of unusable land, but shall be highly accessible (physically
and/or visually) to the majority of the residents of the development.
e.
Where common open space is to be
provided in a subdivided residential development, the use, operation
and maintenance of areas for common open space, common ground and
common buildings shall be guaranteed by the establishment of a trust
indenture providing for such by a subdivision association or trustees.
Said indenture shall be approved by the City Attorney prior to recording
the indenture simultaneously with the recording of the final plat.
Alternatively, such open space may be conveyed to a public entity
which will agree to maintain the common open space and facilities,
subject to City Council approval.
7.
Perimeter Buffer Requirements.
a.
Where a "PD-R" Development proposes
residential development along the perimeter of the site, which is
higher in density than that of an adjacent residential district, there
shall be a minimum thirty-foot wide buffer area. The buffer area shall
be kept free of buildings, structures or parking areas and shall be
permanent and landscaped with trees and shrubs or preserved with natural
features, so that the higher-density residential development is visually
obscured from abutting lower density residential properties. A minimum
of one (1) tree shall be planted per thirty (30) lineal feet or fraction
thereof for any frontage along the adjacent residential district.
Required trees shall be at least two and one-half (2 1/2) inch caliper.
Trees existing within any required buffer area at the time of installation
and which are larger than two and one-half (2 1/2) inch caliper shall
be preserved and will count toward the minimum landscaping requirements.
Newly planted species shall be hardy for the specified area.
b.
Where a "PD-R" Development abuts
a commercial or industrial use or district, there shall be a minimum
thirty-foot wide buffer area. This buffer area shall be permanent
and landscaped with trees and shrubs and/or otherwise provided with
screening (i.e., sight-proof fencing) so as to effectively screen
the commercial or industrial use from the "PD-R" Development. A minimum
of one (1) tree shall be planted per thirty (30) lineal feet or fraction
thereof for any frontage along the adjacent commercial or industrial
use or district. Required trees shall be at least two and one-half
(2 1/2) inch caliper. Trees existing within any required buffer area
at the time of installation and which are larger than two and one-half
(2 1/2) inch caliper shall be preserved and will count toward the
minimum landscaping requirements. Newly planted species shall be hardy
for the specified area.
c.
All landscaping shall be maintained
in a healthy, neat and weed-free growing condition.
F.
Planned Development – Commercial,
Industrial Or Mixed Use.
1.
Site Coverage. The maximum site coverage by uses permitted in the "PD-C," "PD-I" or "PD-MU" Districts shall be seventy percent (70%), except as otherwise provided for in Subsection (F)(2) below.
2.
Site Coverage Bonus. The City Council
may approve an increase in maximum site coverage from seventy percent
(70%) up to ninety percent (90%). In order to qualify for this bonus,
the development must demonstrate compliance with four (4) or more
of the following performance criteria:
a.
Incorporate storm drainage retention
facilities as a site amenity.
b.
Install storm drainage detention
facilities underground.
c.
Resolution or mitigation of existing
off-site storm drainage problems (e.g., drainage channel stabilization
or provision of on-site stormwater detention that accommodates significant
off-site stormwater runoff).
d.
Increasing parking lot landscaping
by fifty percent (50%) more than otherwise required.
e.
Submitting for approval developments
on tracts that are ten (10) or more acres in size.
f.
Design of principal access to the
development tract at an approved location that allows for shared access
by an adjacent property.
g.
Construction of separate-grade pedestrian/bicycle
paths.
h.
Providing for sufficiently screened
loading and unloading areas that are located in side or rear yards.
i.
Any other performance criteria that
further the goals, objectives and policies of adopted plans of the
City and that, in the opinion of the City Council, warrant the approval
of site coverage bonuses.
3.
Where a "PD-C," "PD-I" or the non-residential
portions of a "PD-MU" District abuts a residential area or is located
across a public street or alley from a residential area, there shall
be a minimum twenty-five (25) foot wide buffer strip between any non-residential
use and the adjacent residential area. The buffer area shall be kept
free of buildings, structures or parking areas and shall be landscaped
with trees and shrubs. A minimum of one (1) tree shall be planted
per thirty (30) lineal feet or fraction thereof for any frontage along
a residential zoning district. Required trees shall be at least two
and one-half (2 1/2) inch caliper. Trees existing within any required
buffer strip at the time of installation and which are larger than
two and one half (2 1/2) inch caliper shall be preserved and will
count toward the minimum landscaping requirements. Newly planted species
shall be hardy for the specified area. Within the buffer strip, except
where the buffer strip adjoins a public street, there shall be provided
either:
a.
A continuous visual screen having
a minimum height of six (6) feet and consisting of a compact evergreen
hedge or other dense evergreen plantings; or
b.
An ornamental masonry wall or wood
fence at least six (6) feet in height above grade, in which case one
(1) shrub shall be planted in the greenbelt per ten (10) lineal feet
or fraction thereof. Required shrubs shall be a minimum of eighteen
(18) inches in height at time of initial planting. Shrubs may be clustered
rather than evenly spaced.
All landscaping shall be maintained
in a healthy growing condition and be orderly in appearance. Any walls
or fences that are installed shall be maintained in a neat and orderly
appearance.
G.
Planned Development – Riverfront.
1.
Design Standards.
a.
Minimum Lot Width. One hundred fifty
(150) feet; except where the development will include waterside gaming
establishments, floating casinos or excursion riverboats, the width
shall be not less than three (3) times the total length of the floating
structure(s) or excursion riverboats accommodating the use, whichever
is greater.
b.
Maximum Site Coverage. Fifty percent (50%), except that site coverage may be increased in accordance with the site coverage bonus provisions established in Section 400.850(F)(2).
2.
Building Standards. Buildings shall
be subject to provisions of the City's adopted Building Code.
[R.O. 2011 § 400.860; R.O. 2009
§ 156.181; Ord. No. 98-209, 5-15-1998; Ord. No. 01-156, 7-19-2001; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 14-036 § 2, 2-18-2014]
[R.O. 2011 § 400.870; R.O. 2009
§ 156.182; Ord. No. 98-209, 5-15-1998; Ord. No. 10-244 § 1, 11-18-2010]
A.
Pre-Application Meeting. Prior to petitioning
for a rezoning to one (1) of the Planned Development Districts, the
prospective applicant shall schedule a pre-application meeting with
the Director of Community Development. The Director of Community Development
may request that other City representatives attend this meeting. At
this meeting, the prospective applicant shall provide general information
on the proposed development, including site location, existing site
conditions and a sketch plan of the proposed planned development.
The Director of Community Development shall report to the applicant
the staff's evaluation of the sketch plan with respect to its compliance
with the intent of the planned development regulations.
1.
The pre-application meeting is a
required, but informal, procedure intended to benefit the prospective
applicant by allowing for an exchange of ideas and information and
to provide an opportunity to review the requirements of the "PD" District
regulations with the prospective applicant. No formal approval from
the Director of Community Development or other City staff is required
prior to proceeding with the preliminary development plan submittal.
2.
The pre-application meeting and sketch plan submittal requirements specified in Subsection (A)(3) below shall not apply to amendments to an approved "PD" District.
3.
Contents Of Sketch Plan. The information that shall be included with the sketch plan are itemized in Section 405.270 of Chapter 405, Subdivision Regulations, as applicable. In addition to information required by that Section, the following information shall be included as well:
a.
Conceptual building footprints for
all proposed structures, except single-family and two-family dwellings
proposed on subdivided lots;
b.
Circulation plan, including circulation
drives and parking areas;
c.
Conceptual landscaping plan, open
space/common areas and buffer areas between the proposed development
and adjacent properties.
[R.O. 2011 § 400.880; R.O. 2009
§ 156.183; Ord. No. 98-209, 5-15-1998; Ord. No. 10-244 § 1, 11-18-2010]
A.
Preliminary Development Plan Submittal Requirements. The preliminary development plan submitted shall include the information required in Section 405.280, Chapter 405, Subdivision Regulations, as applicable. In addition, the following shall be included, as applicable:
1.
Gross and net acreage (exclusive
of streets) of tract;
2.
Preliminary building footprints of
all proposed structures, except single-family detached and two-family
dwellings proposed on subdivided lots (It is recognized that the placement
and size of structures may vary based on specific needs of future
tenants.);
3.
Internal traffic circulation drives
and parking areas, except driveways associated with single-family
and two-family dwellings proposed on subdivided lots;
4.
Maximum number of residential dwelling
units allowed per the existing zoning district or districts;
5.
Number and type of residential dwelling
units proposed;
6.
Number of off-street parking spaces
required and proposed;
7.
Gross floor area of principal buildings
and structures. Non-residential uses shall be identified by use type;
8.
Building setbacks from property lines
and between buildings where more than one (1) building is located
on a lot;
9.
The proposed location and use of
open spaces, including common ground, recreational areas, plazas and
buffer areas;
10.
Landscaping plan, including information on the location of tree planting by type (i.e., deciduous/coniferous trees and ornamental trees), shrub masses and ground covers (i.e., grassed areas, ivies, etc.). Landscaping within parking areas, in accordance with the requirements of Section 400.700(J), shall also be included;
11.
The following additional requirements
shall apply to the preliminary development plan for all "PD-RF" Developments
which include gaming facilities:
a.
Depiction on the development plan
of the location, length, width and size of boats, barges or other
vessels. Also indicate the general location of piers, containment
areas and the like;
b.
The total number of employees contemplated;
the number of visitors expected daily, monthly, yearly; and hours
of operation;
c.
A traffic impact analysis which shall
include, but not be limited to, the following:
d.
Expected infrastructure improvements
such as water, natural gas, electricity, drainage and sanitary sewer
collection (e.g., location of improvements, size of improvements,
etc.);
e.
Provisions for security, fire protection
and emergency services;
f.
Evidence of ownership, lease or control
of the site for all lands included within the developer's proposal,
necessary for the full and complete implementation of the proposed
development;
g.
Proposed location, type, power output
and the like of any and all lighting to include streets, parking,
signs, buildings, structures and riverboats;
h.
Evidence of receipt of, or application
for, watercraft operation, mooring or land use permits as may be required
by the State of Missouri and its agencies, the U.S. Army Corps of
Engineers, U.S. Fish and Wildlife Service, Environmental Protection
Agency, U.S. Coast Guard or other State or Federal agencies whose
approval may also be required.
No occupancy permit or operating license shall be issued for the development until completed evidence that the developer holds the permits required under Subsection (A)(11)(h) above for that portion of the development.
12.
The applicant may be required to
provide such additional clarification and/or information on the preliminary
development plan as determined by the Director of Community Development
and/or the Planning and Zoning Commission.
B.
Preliminary Development Plan Review Procedure.
[Ord. No. 24-009, 2-6-2024]
1.
Preliminary Subdivision Plat Approval. The preliminary development plan shall also be considered the preliminary plat for a planned development district. Preliminary plats associated with a planned development shall be subject to the provisions of Chapter 405.
2.
Submission By Applicant. After the pre-application review meeting, the applicant shall submit the preliminary development plan and other information required by Section 400.880(A) to the Director of Community Development.
3.
Staff Review.
a.
Completeness Of Submittal. Upon receipt
of the application for rezoning to a "PD" District and the associated
preliminary development plan and other applicable documents, the Director
of Community Development shall review the documents to determine completeness.
If the Director determines that the submittal is incomplete, then
the applicant shall be notified of the deficiencies. The Director
may delay the processing of the preliminary development plan until
such time as all required information has been provided.
b.
Distribution. As soon as practical
after determination that the preliminary development plan submittal
is complete, the Director of Community Development shall distribute
copies of the preliminary development plan to the Director of Public
Works, Fire Chief and other City staff as appropriate.
c.
Staff Review. The Director of Community Development shall review the preliminary development plan and solicit comments from other City staff with respect to meeting the requirements of this Chapter, Chapter 405, Subdivision Regulations, and other applicable City regulations and with respect to good site planning, both within the tract to be developed and in relation to the surrounding area. The Director, with the input of other City staff, shall identify any deficiencies and site planning issues. The staff findings shall be submitted to the Planning and Zoning Commission.
4.
Resubmission Of Preliminary Development
Plan. The applicant shall resubmit the revised preliminary development
plan in the format requested by the City incorporating any changes
resulting from staff review. Copies of the revised preliminary development
plan shall be forwarded to the Planning and Zoning Commission.
5.
Public Hearing Before Planning And Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the rezoning request for a "PD" District designation and associated preliminary development plan in accordance with the provisions of Sections 400.1010 et seq., "Amendments and Modifications."
6.
Planning And Zoning Commission Recommendation.
The Planning and Zoning Commission shall forward its recommendation
to the City Council. The recommendation shall address site planning
considerations and compatibility with adjoining areas. A recommendation
of approval shall include recommended conditions, as appropriate,
to be included in the ordinance establishing the "PD" District. Such
conditions shall include, as applicable, but not be limited to:
a.
Permitted uses;
b.
"PD-R," "PD-MU" Districts. The number
of lots or dwelling units authorized and the maximum floor area authorized
for any non-residential use permitted;
c.
"PD-C," "PD-I" And "PD-RF" Districts.
The maximum floor area authorized for each building within the development;
d.
Building and structure height limitations;
e.
Minimum setback requirements;
f.
Minimum acreage and function of common
open space, if applicable;
g.
Compliance with off-street parking
and loading requirements;
h.
Compliance with sign regulations.
7.
Public Hearing Before City Council. The City Council shall hold a public hearing on the rezoning request for a "PD" District designation and associated preliminary development plan in accordance with the provisions of Sections 400.1010 et seq., "Amendments and Modifications.
8.
City Council Action. If the preliminary
development plan is approved by the City Council, it shall adopt an
ordinance establishing the appropriate "PD" District. The ordinance
shall include reference to an approved preliminary development plan
citing all conditions imposed on the development plan.
C.
Effect Of Approval Of Preliminary Development
Plan And Period Of Validity.
1.
All conditions imposed as a part
of any planned development shall run with the land and shall not lapse
or be waived as a result of a subsequent change in ownership of any
or all of said area.
2.
Approval of the preliminary development plan by the City Council constitutes an authorization to proceed with the preparation of the final plat. No building permits shall be issued until a final plat has been approved in accordance with the provisions of Chapter 405, Subdivision Regulations.
3.
Approval of the preliminary development
plan shall be valid for a period of two (2) years from the date of
City Council approval. If a final plat for all or a portion of the
preliminary development plan has not been filed within the two (2)
year period, then a resubmission of the preliminary development plan
shall be required if the applicant intends to pursue final plat approval.
The City Council may grant up to a one (1) year extension from the
date that the period of initial validity expired. The Council may
reject such resubmission of the same development plan in light of
new facts and circumstances relating to the development plan.
[R.O. 2011 § 400.900; R.O. 2009
§ 156.185; Ord. No. 98-209, 5-15-1998; Ord. No. 10-195 § 1, 9-22-2010; Ord. No. 10-206 § 1, 9-29-2010; Ord. No. 10-244 § 1, 11-18-2010]
A.
Amendments To "PD" Ordinance.
1.
Amendment Request. The property owner
or authorized representative shall submit a written request to amend
the conditions of the ordinance establishing the "PD" District and
approving the preliminary development plan to the Director of Community
Development for review.
2.
Staff Review. The Director shall
evaluate the request for consistency with the nature and content of
the development plan that was subject of the ordinance approving such
plan. The Director shall report to the Planning and Zoning Commission
as to whether or not the request is consistent with the nature and
content of the development plan approved by the City Council.
3.
Planning And Zoning Commission Review.
The Commission shall review the request and report of the Director
and then forward a recommendation to the City Council.
a.
A recommendation for approval may
include conditions to be included in the amended ordinance.
b.
If the Commission finds that the requested amendment is not consistent with the nature and content of the preliminary development plan that was subject of the ordinance approving such plan, it shall forward its recommendation to the City Council and, if deemed necessary, forward a recommendation to the Council for the purpose of holding new public hearings on the matter in accordance with the provisions of Sections 400.1010 et seq., "Amendments and Modifications."
4.
City Council Action. The Council may pass an ordinance amending the ordinance establishing the subject "PD" District. If deemed necessary by the Council, it may order that public hearings be held on the matter in accordance with the provisions of Sections 400.1010 through 400.1050, "Amendments and Modifications," if the applicant wishes to proceed with obtaining approval of such amendment.
B.
Modifications To Development Plan.
1.
Amendment Request. The property owner
or authorized representative shall submit an amended development plan
to the Director of Community Development for review.
2.
Amendments Requiring Administrative
Approval (minor Amendments).
a.
If the Director determines that the amended plan is not in conflict with the preliminary development plan approved by the City Council, meets the conditions of the "PD" ordinance, and none of the items in Subsection (B)(2)(b) exist as a result of the proposed amendment, the Director may approve said amended plan as a minor amendment to the preliminary development plan without further public hearings. Said plan shall be retained on file in the Department of Community Development.
b.
The existence of any of the following
items shall cause a proposed amendment to be a major amendment:
(1)
Any increase in the
coverage of structures of greater than ten percent (10%) above the
approved preliminary development plan;
(2)
Any increase in the
number of dwelling units on the approved preliminary development plan;
(3)
Changes in traffic circulation
patterns resulting from the realignment of streets or alleys;
(4)
Any reduction in required
open space or building setbacks from perimeter property lines as shown
on the approved preliminary development plan;
(5)
Any reduction of required
off-street parking or loading spaces;
(6)
Any reduction in required
pavement widths;
(7)
Any change in the land
uses shown on the preliminary development plan, including a change
from attached single-family dwelling units to detached single-family
dwelling units or vice versa; or
(8)
Any change requiring
a resubdivision plat.
3.
Amendments Requiring Council Approval
(major Amendments).
a.
If the Director of Community Development determines that the amended plan is in conflict with the preliminary development plan approved by the City Council, does not meet the conditions of the "PD" ordinance, or causes any of the changes listed in Subsection (B)(2)(b), the Director shall forward the proposed amended plan to the City Council. The proposed amended plan shall require a public hearing before the City Council. Notice of the public hearing shall be mailed to all property owners within three hundred (300) feet of the boundaries of the property proposed to be amended and signs containing notice of the public hearing shall be posted on each street frontage of the property. The letters shall be mailed and the signs shall be posted at least fifteen (15) days before the date of the public hearing. The City Council shall have the authority to approve or deny the proposed amended plan. If the proposed amended plan is denied by the City Council, it may not be resubmitted for one (1) year from the date of the denial.
[R.O. 2011 § 400.910; R.O. 2009
§ 156.186; Ord. No. 98-209, 5-15-1998]
A.
No approval of a development plan shall
be valid for a period longer than five (5) years from the date of
its initial approval unless within such period a building permit is
obtained and construction of a development's foundation is commenced.
B.
The City Council may grant up to an additional two-year extension upon written request, if the application submitted is substantially the same as the initially approved application. At such time as the period of validity of an approved development plan lapses, the development plan and all uses, terms and conditions thereof may be declared null and void and the City Council may initiate actions to rezone the site to its original or other appropriate zoning district in accordance with the procedures and requirements of Sections 400.1010 through 400.1050 "Amendments and Modifications."
