City of Wright City, MO "PDA" Planned Development Areas

Purpose. The purpose of the planned development area district is to provide a means of achieving a greater flexibility in development of land in a manner not possible in conventional zones; to encourage more imaginative and innovative design of projects; to promote a more desirable community environment; to embrace, promote, preserve and enhance the public and private urban forest; and to retain maximum control over both the structure and future operation of the development. The planned development district serves to preserve existing natural features, scenic qualities or existing open and wooded spaces and adapt the development to existing land features.

Mapped District. The "PDA" designation is not intended to be attached to existing use districts as an overlay. The "PDA" designation as detailed in this Section is a separate use district and may be attached to an area as an original zoning district, or it may be attached to an area through the process of zoning map amendment (rezoning). A zoning map amendment to achieve the "PDA" designation shall comply with the requirements and procedures for changes in zoning (Section 400.050), including those for public hearings.

Flexible Planned District. The City may, upon proper application, approve a planned development area using flexible techniques of land development and site design to gain relief from zoning requirements in relation to lot size, dwelling size and property line setbacks, designed for conventional developments; provided, however, that the application shall not conflict with, or result in encroachment upon, any standard of Chapter 455, Subdivision Regulations, and shall only be approved upon demonstration of achievement of one (1) or more of the following objectives:

Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.

Diversification in the uses permitted and variation of the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.

Functional and beneficial uses of open space areas and preservation and protection of natural features of a development site, inclusive of preservation, planting, maintenance, restoration, protection and survival of desirable tree canopy areas within a development site.

Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.

Rational and cost-effective development in relation to public services and public and private infrastructure installation and maintenance by reducing the distance utilities are extended and installed or reducing width and length of streets.

Efficient and effective traffic circulation, both within and adjacent to the development site, and the encouragement of pedestrian and non-motorized pathway utilizing site features, compliant with the trail master plan or land use plan, and thus establishing performance standards that ensure sidewalks and trails are not impeded by motor vehicles associated with the development.

To decrease or minimize non-point source pollution impacts by reducing the amount of impervious surfaces in site development.

Section 440.030 Permitted Land Uses And Developments.

[Ord. No. 1010, 12-9-2021; Ord. No. 1016, 2-24-2022]

Minimum Development Area. The minimum overall site area required for planned development areas shall be as follows:

Type of Planned Area Development	Minimum Area
Planned Development Area — Residential	10.0 acres
Planned Development Area — Office	2.0 acres
Planned Development Area — Commercial	5.0 acres
Planned Development Area — Industrial	5.0 acres
Planned Development Area — Mixed Use	15.0 acres
Planned Development Area — Independent Senior Living Facility	2.0 acres

These minimum site sizes may be modified by the Board of Aldermen upon recommendation by the Commission if a specific proposal has severe limitations regarding topography, wetlands, floodplains, soil conditions, utility easements, or unusual land shape or proportions for conventional development; or if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood; or if the Board of Aldermen determines such modification to be in the general public interest based on the totality of the facts in a given development.

Section 440.040 Density And Use Requirements.

[Ord. No. 1010, 12-9-2021; Ord. No. 1016, 2-24-2022]

Listed below by development type are the required density and appurtenant requirements within the "PDA" — Planned Development Area.

Type of Planned Area Development		Density/Uses
"PDA-R"	Planned Development Area — Residential	Any residential use; minimum density and area requirements of "SR-4" District apply
"PDA-O"	Planned Development Area — Office	Professional office uses; minimum density and area requirements of "C-1" District apply
"PDA-C"	Planned Development Area — Commercial	Commercial uses; the uses and minimum density and area requirements of "C-3" District apply
"PDA-I"	Planned Development Area — Industrial	Industrial uses; the uses and requirements of "M-1" District apply
"PDA-MXD"	Planned Development Area — Mixed Use	Planned developments involving a mixture of single-family residential ("SR-4"), multi-family residential ("MR-2"), and neighborhood business uses ("C-1")
"PDA-SRL"	Planned Development Area — Independent Senior Living Facility	See Section 440.040(C)(10)

While the "Density/Uses" column of the table in Subsection (A) above sets forth general uses allowed in each "PDA" District, the use of land in any "PDA" is considered an integral element of the proposed development. As such, approval of the proposed development by the Board of Aldermen incorporates only approval of the specific uses encompassed by it. Based upon this relationship, the Commission and the Board of Aldermen may require revisions to the proposed development plan as it relates to the proposed uses; or may require elimination from the plan of any use considered inappropriate or incompatible, based upon its relationship to other uses proposed in the plan, surrounding existing land uses, land uses featured in the comprehensive plan for the City or other factors demonstrating that, based on sound planning principles, the use is not compatible or appropriate in the area proposed. Uses of land shall be established by the ordinance adopted by the Board of Aldermen authorizing the "PDA."

Regardless of the classification of the use in the underlying district (i.e., permitted, accessory or conditional), such use as a part of any proposed "PDA" or amendment thereto shall be approved only through the "PDA" process set forth in this Chapter.

Density And Area Regulations And Performance Standards.

General Standards. Approval of the preliminary development plan may provide for regular modifications from the specific area, lot size, setback and other requirements of traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development area; provided, however, such modifications must be consistent with the standards and criteria contained in this Section and must have been specifically requested in the application for a planned development area; and further, that no modification of the regulations would be allowed if it is determined by the City to likely result in any of the following:

Inadequate or unsafe motor vehicle or pedestrian access, or inadequate utility access within the planned development area;

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;

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 area;

Development which will be incompatible with the general purposes of this Zoning Code or the Comprehensive Plan; or

Detrimental environmental, aesthetic, or economic impact on the surrounding area, or individual lot area, by coverage of structures to achieve adequate sunlight, air and storm water conveyance.

It shall be the responsibility of the applicant to clearly demonstrate that the above criteria are being met. The burden of proof shall rest with the developer and not City staff or the Planning and Zoning Commission.

Designation Of Open Space.

Unless modified upon recommendation of the Commission and approval by the Board in the approving ordinance, a minimum of fifteen percent (15%) of the total project area shall be dedicated as common open space, unless clustering is utilized (see, "clustering design standards" below). Pre-developed slopes of forty percent (40%) or more shall be preserved as common open space, excluding areas used in conjunction with subdivision plan street layout and design. Floodplain or floodway areas shall be designated as common open space utilized for recreational or open space amenities. Impact on these areas can be allowed upon application and preliminary and final plan approval for portions of residential lot development. Amenities such as trails, swimming pools, clubhouses, playgrounds, soccer fields, baseball diamonds, tennis courts or other fixed structures will be considered, but are not required for the approval of a planned development area district and the City shall give positive consideration to a preliminary development plan that preserves green space and trees, above that which is undevelopable.

Common open space shall be used for the collective enjoyment of the occupants of the development or for the general public if so dedicated. Common open space shall be distributed equally throughout the development as practical and be very accessible to the dwelling units it is intended to serve and shall not be isolated to areas of unusable land.

No area of interior project common open space in the development plan shall be accessible with less than twenty (20) feet in width in its smallest dimension unless otherwise approved by the development plan upon application of the developer for good cause shown as determined by the Commission and the Board.

The use, operation and maintenance of the common open space areas and common ground buildings shall be guaranteed through establishment of a trust indenture represented by an association or trustees.

Clustering Design Standards.

Purpose. As an alternative to the density and open space requirements of the corresponding zoning district set forth in Section 440.040(A), a developer may choose to cluster or group the structures of an entire development or on a portion of an overall development so as to preserve a significant amount of the site as protected open or wooded space, recreation areas or common area. If the developer chooses to have a portion of the development as a cluster, the area to be clustered shall have a minimum open space requirement of forty percent (40%), while the gross open space for the entire development shall be a minimum of thirty-five percent (35%). The City encourages developers to investigate the clustering approach as it often can reduce the cost of development by reducing the amount of streets, utilities and other improvements while simultaneously benefitting the environment by reducing impervious surface, stormwater runoff, protecting woodlands and otherwise preserving natural or other beneficial features and functions of the land.

Application. All applications for a "PDA" with a cluster development shall be clearly identified as a cluster development subdivision. In addition to the requirements of this Section, the application shall include a statement verifying that the applicant submission of a proposed cluster development complies with the intent of this Section as stated in Subsection (B)(3)(a) of this Section and the applicant shall provide an eleven inch by seventeen inch (11 x 17) aerial image of the proposed development tract off of an aerial source not dated in excess of three (3) years and a preliminary plat under standards of this Code.

Common Ground And Dedicated Land. Common ground and land dedications, to be included in the gross acreage of the development for density calculations, shall have the following permitted uses:

(1)

Conservation of open space in its natural state.

(2)

Recreation amenities and their accessory structures, including, but not limited to, trails, picnic areas, community gardens, playing fields, playground and multi-use courts or uses similar in nature.

(3)

Parking areas to serve recreational facilities.

Perimeter Buffer Requirements.

Where a "PDA-R" development proposes residential development that is of higher density than the adjacent residential district, a minimum of a 20-foot wide buffer area must be added along the perimeter of the site abutting the lower density residential development. The buffer area shall be free of buildings, structures or impervious surfaces and shall be permanent landscaped easement, or preserved with natural features, so that the higher density residential development is visually screened from the lower density development.

All landscaping shall be maintained in a healthy, well-maintained condition through establishment of a trust indenture represented by an association or trustees.

Development Phasing. If construction of the development is to occur in stages, then open space or recreational amenities should be developed in reasonable proportion to the number of dwelling units intended to be developed and to be served during any given stage of construction as approved on the final development plan by the Board of Aldermen.

Elevations Required. For all "PDA" developments, the applicant shall present to the City illustrations or colored elevations of proposed buildings within the development, provided the applicant may submit to the City for review buildings with different elevations than those adopted by the approving ordinance, approval of the elevations are contingent upon the revised buildings being of similar materials and the new elevations being substantially compliant with amounts of exterior features shown on the previously submitted elevations.

Use Of Professional Consultants. In review of a preliminary or final development plan for approval, the Commission or the Board of Aldermen may elect to utilize qualified technical personnel or professional consultants to provide traffic impact analysis, stormwater and erosion control, if applicable, based upon unique circumstances in excess of standard review or similar studies related to the proposed development. The cost of such professional assistance shall be borne by the applicant.

Non-Residential Development. Non-residential uses permitted in the "PDA" Planned Development Area District shall be subject to all the requirements for lot area, width, height, yards and setbacks of the district in which it was permitted unless modified by the site-specific ordinance adopted by the Board of Aldermen authorizing the planned development and associated plan showing such modifications.

"PDA-R" Density. The purpose of a planned development area is to allow modifications to development standards which cannot be achieved in conventional zoning districts. Proposed housing may be clustered and grouped to achieve or preserve open space and other amenities. The density of residential development shall be based upon the density limits corresponding zoning district set forth in Section 440.040(A). In no case shall the housing density exceed the limits of that permitted for the total site based upon the corresponding zoning district set forth in Section 440.040(A).

10.

"PDA-SRL" Density. Proposed housing for a Planned Independent Senior Living Facility may be clustered and grouped to achieve or preserve open space and other amenities and generally conform to the following specifications:

Density. The average ground area per family unit constructed, inclusive of easements or streets dedicated to the City, shall be three thousand one hundred (3,100) square feet for each single-dwelling unit constructed.

Parking. One and one-half (1.5) parking spaces shall be provided per unit, with such parking spaces provided under the units or contained on the site. In addition, one (1) parking space shall be provided on site for every two (2) employees per shift. No parking spaces shall be closer than thirty (30) feet to the outboundary lines of a Planned Residential District.

Uses. The plat or restrictions filed with the plat will designate that the property may be used only for residential purposes and the usual accessory uses permitted in residential zones.

Greenspace. Greenbelt or planting areas of not less than fifteen (15) feet in width shall be provided and maintained an all outboundary lines abutting any residential use, unless reduced by the Board of Aldermen in the ordinance approving the development plan.

Maximum Structure Height. Two (2) stories or thirty (30) feet, whichever is less.

Accessibility. Must have at least one hundred fifty (150) feet of frontage on and access to a public right-of-way or private street.

Minimum Lot Width. One hundred fifty (150) feet.

Minimum Lot Depth. Three hundred fifty (350) feet.

Minimum Front Yard. Twenty-five (25) feet from any roadway right-of-way.

Minimum Side/Rear Yard. Ten (10) feet from property line unless lot line abuts residentially used property in which case the setback is fifteen (15) feet.

Maximum Site (or Impervious) Coverage. Sixty percent (60%).

11.

The above standards may be modified upon the recommendation of the Commission and the approval of the Board of Aldermen in the ordinance approving a rezoning to "PDA" and associated development plan.

Section 440.050 Procedure.

[Ord. No. 1010, 12-9-2021; Ord. No. 1016, 2-24-2022]

The owner or owners of any tract comprising an area not less than required for a "PDA" District may submit a plan for the use and development of all such tracts for residential, business or industrial purposes.

The following is the procedure for processing a "PDA" application:

Pre-Application Meeting.

Before filing an application for rezoning to one (1) of the planned development area districts, the prospective applicant may request a pre-application conference with the City Administrator. The City Administrator may request that other City representatives attend this meeting and will send communication to the Board of Aldermen and Mayor concerning key reasons why an application for "PDA" is being investigated by the prospective applicant before or at the next scheduled Board of Aldermen meeting. At this meeting the applicant shall provide general information on the proposed development, including the site location, existing site conditions and a sketch plan of the proposed planned development. The applicant shall submit and the City Administrator shall provide an evaluation of a sketch plan with respect to its compliance with the intent of the "PDA" regulations. This conference is intended to ensure conformity with the intent of the "PDA" District and conformity with other City ordinances and requirements. Applicants unfamiliar with the City's "PDA" process, or those with developments containing unique or complex issues pertaining, are strongly encouraged to avail themselves of the pre-application meeting.

The information included with the sketch plan will include where applicable:

(1)

Conceptual building footprints for all proposed structures except one- and two-family dwellings proposed on subdivided lots;

(2)

Circulation plan, including all circulation streets and parking areas; and

(3)

Conceptual landscaping plan indicating common open space areas, park site if proposed, recreational areas, and buffer areas between the project and adjacent properties.

Preliminary Development Plan; Preliminary Development Plan Requirements. A preliminary development plan shall include the information required for a preliminary plat (see Section 455.040) and the following information as applicable:

Gross and net acreage of the tract (exclusive of streets).

Preliminary building footprints of all proposed structures, except single-family detached and two-family dwellings proposed on subdivided lots.

Internal traffic circulation drives and parking areas, except driveways associated with single-family and two-family dwellings proposed on subdivided lots.

Maximum number of residential dwelling units allowed per the existing zoning district or districts.

Number of residential dwelling units proposed and residential densities proposed for the development.

Number of off-street parking spaces required and proposed.

Gross floor area of principal buildings and structures. Non-residential uses shall be identified by use type.

Building setbacks from property lines and between buildings where more than one (1) building is located on a lot.

The proposed location and use of open spaces, including common ground, recreational areas, plazas and buffer areas.

Landscaping plan including information on the location of tree plantings by type (deciduous, coniferous and ornamental trees), shrubs and ground cover species. Landscaping for the development shall be provided where applicable.

The applicant may be required to provide such additional clarification or information on the preliminary development plan as determined by the City Administrator or the Commission.

A statement verifying that the applicant's submission of a proposed development complies with the intent of this Section as stated in Subsection (B)(1)(a) of this Section. The statement should separately address the items identified in Subsection (B)(1)(a) of this Section.

Preliminary Development Plan Review Procedure.

Preliminary Subdivision Plat Approval. An applicant seeking approval under the "PDA" process shall file an application for preliminary development plan approval and submit seven (7) printed copies and one (1) digital pdf file of the preliminary development plan; otherwise, the pre-application meeting must be repeated. The preliminary development plan associated with a planned development shall be subject to the provisions of and shall serve as the preliminary plat in accordance with Section 455.040.

Completeness Of Submittal. Upon receipt of the application for rezoning to a "PDA" District and an associated preliminary development plan, the City Administrator (or designee) shall review the submitted plan for completeness. If the City Administrator determines the plan is incomplete, the applicant shall be notified of its deficiencies and the review procedure may be delayed until such time as all required information has been provided. An applicant may appeal staff's determination that the submission is not complete to the Board of Aldermen by filing with the City Clerk a written statement explaining the applicant's position within seven (7) days of the decision. The City Administrator shall distribute copies of the completed submittal to the City's engineering consultant, Wright City Fire Protection District, Wright City School District, Public Water Supply District No. 2, other utility providers, and MoDOT, as applicable.

Staff Review. The City Administrator shall review the preliminary development plan and solicit comments from other City staff/consultants, including, but not limited to the Mayor, an Alderman from the ward of the prospective development, and the Chairman of the Commission, regarding compliance with the subdivision regulations and other applicable regulations and to identify any deficiencies and site planning issues to the applicant.

Resubmission Of Preliminary Development Plan. The applicant shall resubmit two (2) printed copies and one (1) digital pdf file of the revised preliminary development plan incorporating any changes resulting from staff review. Copies of the revised plan shall be forwarded to the Commission for recommendation to the Board of Aldermen.

Public Hearing. The Commission shall hold a public hearing on the rezoning request for a "PDA" District and associated preliminary development plan and plat in accordance with the provisions of Section 400.050.

Planning And Zoning Commission Recommendation. The Commission shall forward its recommendation to the Board of Aldermen. This recommendation shall address site planning issues and compatibility with adjoining areas. A recommendation for approval shall include conditions, as appropriate, to be included in the ordinance establishing the "PDA" District. Such conditions, may include, as applicable, but shall not be limited to:

(1)

Permitted uses;

(2)

The number of lots or dwelling units authorized;

(3)

The maximum floor area authorized for any non-residential use for each building within the development permitted in a "PDA-O," "PDA-C," "PDA-I" or "PDA-MXD" District;

(4)

Building and structure height limitations;

(5)

Minimum setback requirements;

(6)

Minimum acreage and function of open spaces and recreational amenities if applicable;

(7)

Compliance with off-street parking and loading requirements;

(8)

Compliance with sign regulations;

(9)

Compliance with street design or circulation;

(10)

Lighting limitations for non-residential uses;

(11)

Hours of operation limitations for non-residential uses.

After considering necessary conditions of approval, the Commission may recommend the development as submitted or may modify, alter, adjust or amend the plan before recommendation, or deny the plan and shall make a report setting forth its reasons for approval, or denial, of the application. Specific criteria that the Commission may consider include:
1.	The criteria set forth in Section 440.020(C).
2.	Whether the value of the development and the character of the property adjoining the area included in such plan will be adversely affected.
3.	Whether such plan is consistent with the intent and purpose of these regulations to promote public health, safety, morals and general welfare.
4.	Whether the street and highway access has sufficient capacity for uses dependent on automobile transportation.
5.	Whether the design and landscaping is in harmony with adjacent areas.
6.	Whether the setback requirements and open spaces are adequate to serve the needs of the people as projected by the plan.
7.	Whether the development as a whole is in the best interest of the entire community.
8.	Such other considerations as may pertain to the proper planning, layout, and growth of the community.

Public Hearing Before Board Of Aldermen. The Board of Aldermen shall hold a public hearing on the rezoning request for the "PDA" District and associated preliminary development plan in accordance with the provisions of Section 400.050.

Board Of Aldermen Approval. If the preliminary development plan is approved by the Board of Aldermen, it shall adopt an ordinance establishing the appropriate "PDA" District. The ordinance shall include reference to an approved preliminary development plan citing all conditions imposed on the plan and requiring the submission of a final development plan for review and certification by the City.

Effect Of Approval Of Preliminary Development Plan And Period Of Validity.

All conditions imposed as a part of any planned development area 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 land involved.

Approval of the preliminary development plan by the Board of Aldermen constitutes an authorization to proceed with the preparation of the final development plan. No building permits shall be issued until a final development plan has been approved in accordance with this Section.

Approval of a preliminary development plan shall be valid for a period of two (2) years from the date of the Board of Aldermen approval. If an application for final development plan approval for all or a portion of the preliminary development plan has not been filed within a two-year period, then a resubmission of the preliminary development plan shall be required. The Board of Aldermen may grant a one-year extension from the date of expiration.

The City shall have no duty to notify the applicant prior to expiration of any plan approval.

Final Development Plan.

Compliance With The Approved Preliminary Development Plan. The final development plan shall be in substantial compliance with the approved preliminary development plan and shall comply with the conditions of the ordinance establishing the specific "PDA" District.

Final Development Plan Submittal Requirements. The final development plan shall include the required information described in the subdivision regulations, Section 455.060, as applicable, and information from the approved preliminary development plan. In addition, the following information shall be included as applicable:

(1)

The final development plan shall include the entire planned development. The development may occur in phases with estimated dates for completion.

(2)

Any plan revisions that are required as a result of conditions placed upon the preliminary development plan. Approval of the final development plan constitutes what must be built.

(3)

The final landscape plan identifying the specific location of all plant material specifying size and species.

(4)

Written evidence that designs for streets or signalization have been approved by the State Department of Transportation or the County Highway Department if the development proposes street access to either jurisdiction.

Final Development Plan Review. The applicant shall submit seven (7) printed copies and one (1) digital pdf file of the final development plan for review by the City Administrator. Upon receipt of the plan and any other applicable documents, the City Administrator shall review the documents to determine completeness. The City Administrator shall notify the applicant of plan deficiencies if the submittal is incomplete. The City Administrator may delay the processing of the final development plan until such time as all required information has been provided. The City Administrator shall solicit comments from other City staff with respect to meeting the requirements of the subdivision regulations and other applicable regulations. Staff findings shall be submitted to the Commission. The applicant shall resubmit ten (10) printed copies and one (1) digital pdf file of the revised final development plan incorporating any changes resulting from staff review. Copies of the revised plan shall be forwarded to the Commission for review.

Planning And Zoning Commission Recommendation. The Commission shall review and forward its recommendation to the Board of Aldermen. This recommendation shall address the final development plan and ensure that the plan is in substantial compliance with the approved preliminary development plan and satisfies the conditions of the ordinance which established the "PDA" District.

Board Of Aldermen Approval. If the City finds the final development plan as submitted to be in compliance with the preliminary development plan, the Board of Aldermen shall adopt an ordinance approving the final development plan. The ordinance shall include reference to the approved preliminary development plan and certify that all conditions of preliminary plan approval have been provided for in the final development plan.

Final Development Plat Approval. Final (or "Record") plat approval associated with a planned development shall be subject to the provisions of the subdivision regulations, including Section 455.060.

Approval of a final development plan shall be valid for a period of two (2) years from the date of approval by the Board of Aldermen or such additional time as the Board of Aldermen deems necessary. The Board of Aldermen may grant a one-year extension from the date of expiration.

Section 440.060 Amendments To An Approved "PDA."

[Ord. No. 1010, 12-9-2021; Ord. No. 1016, 2-24-2022]

Amendment Request. The property owner or authorized representative shall submit a written request to the City Administrator to amend the conditions of the ordinance establishing the "PDA" District or development plan for review.

Administrative Approval; Minor Amendments. The City Administrator shall review the request in relation to the approved "PDA" ordinance and development plan that was subject to the ordinance approving such plan. If the City Administrator determines that the requested changes are minor modifications and are not in major conflict with the plan approved by the Board of Aldermen, the City Administrator shall require the submittal of an amended plan and approve the plan without further public hearings. The City Administrator shall indicate, in writing, approval of the changes to the applicant and shall report, in writing, to the Commission and Board of Aldermen of the change. The amended plan shall be retained on file by the City Clerk. Administrative approval pursuant to this Section shall not result in any of the following:

A substantial change in the character of the development;

A substantial increase in the coverage of structures;

Any increase to residential density;

Increase in traffic volumes or traffic circulation;

A substantial reduction in the amount of open space;

A reduction in the amount of required parking; and

Any other request of similar character.

Major Amendments, Adjustments Or Changes.

If the City Administrator determines that the proposed plan changes are in conflict with the approved final development plan, and the amendments are substantial in nature, the amended plan shall be reconsidered for approval by the Planning and Zoning Commission and Board of Aldermen using the same process as set forth in Section 440.050(B)(3)(e) through (h) of this Chapter.

In the event that any application to amend an approved final development plan is denied by the Board of Aldermen, reapplication for the purposes of further review of the same application shall not be accepted by the City until twelve (12) months after the date of final action on the original application for amendment.

Performance Guarantees. As a condition of the approval of a planned development, the applicant shall deposit with the City Administrator a performance guarantee as required by Section 455.110, Improvement Installation or Performance Guarantee, of the Subdivision Regulations.

Section 440.070 Miscellaneous.

[Ord. No. 1010, 12-9-2021; Ord. No. 1016, 2-24-2022]

No buildings, facilities, establishments or service concerns may occupy or use any portion of the "PDA" until all required related off-site improvements, including, but not limited to those relating to, streets, sidewalks, sanitary sewers, stormwater systems, streetlights and street trees are constructed or a letter of credit or cash escrow is posted covering one hundred twenty-five percent (125%) of the estimated construction cost in compliance with the Subdivision Regulations, Chapter 455. If the "PDA" is to be developed in sections, all improvements necessary to the proper operations and functioning of the section, even though the same may be located outside the section, must be constructed and installed or a performance bond or escrow posted covering one hundred twenty-five percent (125%) of the estimated improvements cost.

If substantial construction or development does not begin within the time period specified in the conditions of the authorizing ordinance the Board of Aldermen may, on its motion or on a recommendation of the Planning Commission, rescind authorization for development of the particular "PDA." A public hearing, other than the required three (3) readings of a bill, is not required to rescind authorization to develop a "PDA"; however, the owner shall be notified prior to the introduction of any bill to rescind the said authorization.

The time limitations specified in the ordinance authorizing development of the "PDA" for submission of final development plans and for completion of construction may be extended by the Board of Aldermen for cause.

The Board of Aldermen's approval of a "PDA" District is a legislative act of rezoning.