[Ord. No. 2470, 11-13-2018]
The owner or owners of any contiguous tract of land not less
than two (2) acres may make application to the Planning Commission
for planned group development. The Planning Commission may, in unique
instances, permit application on tracts of less acreage.
[Ord. No. 2470, 11-13-2018]
A.
The application shall be accompanied by a preliminary plan and ten
(10) copies of the proposed development showing:
1.
The development tract and abutting property lying within three
hundred (300) feet drawn to a scale of not less than two hundred (200)
feet to the inch;
2.
North point, scale and date of preparation;
3.
Name of proposed development (to coincide with name of consequent
subdivision plat);
4.
A legal description of the property;
5.
Names and addresses of the developer, surveyor, landscape architect,
architect, engineer or any other persons involved in the development;
6.
Existing conditions in the plan area showing all utilities,
bridges, streets, alleys or drives and existing structures;
7.
Existing grade and contour (and proposed grade and contour)
with contour intervals not exceeding five (5) feet, also existing
watercourses, wooded areas, lakes, ravines and such other features
as may be pertinent;
8.
The location of proposed buildings, streets, parking facilities,
signs, landscaped buffer strips, and fences or screens, and other
open places or facilities which may be applicable to the nature of
the development;
9.
All buildings and uses shall be clearly labeled as to proposed
use;
10.
A written text describing the proposed uses and buildings; and
11.
A list of property owners located within one hundred eighty-five
(185) of the proposed plan.
[Ord. No. 2470, 11-13-2018]
Not less than fifteen (15) days' notice of public hearing on
the proposed planned group development shall be published in the officially
designated newspaper. Hearing shall be granted to any person interested
at the time and place specified in said notice. The Planning Commission
shall approve or disapprove the preliminary plan according to requirements
established in this Article but may impose additional requirements,
where deemed reasonable and necessary.
[Ord. No. 2470, 11-13-2018]
A.
If said preliminary plan is approved, the applicant may proceed to
finalize or revise as made necessary in the requirements for approval
set by the Planning Commission. If applicant does proceed with the
final plan, he/she must simultaneously plat the tract according to
the subdivision regulations. However, the approval of the preliminary
planned group development plan shall be considered as approval of
a preliminary plat and applicant shall commence with the submission
of a final subdivision plat.
B.
If in the event the tract is presently platted in a manner suitable
for use as established in the proposed planned group development,
the requirement for platting shall be disregarded as well as references
thereto in the following Sections of this Article. Suitability of
the existing plat shall be decided by the Planning Commission in its
approval of the preliminary plan.
C.
The final planned group development and five (5) copies along with
one reduced copy thereof shall be submitted concurrently with the
filing of the final subdivision plat for simultaneous consideration
by the Planning Commission.
D.
The final planned group development plan shall be prepared on paper
providing space for the date and signatures of the following, certifying
approval:
[Ord. No. 2470, 11-13-2018]
B.
The preceding agencies or departments shall submit a report to the
Planning Commission. If said report has not been returned to the Planning
Commission within seven (7) working days of their receipt of application
copies, it shall be considered an affirmative report.
C.
The application shall be reviewed subject to the following standards
and criteria:
1.
The tract must be a contiguous parcel, two (2) acres or more.
2.
The proposed development shall be designed to produce an environment
of a stable and desirable character not out of harmony with its surrounding
neighborhood and shall not conflict with the Comprehensive Plan or
any parts thereof.
3.
Buildings within a residential or service planned group development
may be relieved of district zoning regulations concerning yard size,
setback, height, bulk and other requirements where such requirements
interfere with the overall development. However, the building at the
perimeter of such development must maintain the requirements established
for the district.
4.
Off-Street Parking. Shall be in accordance with Article XI.
5.
Off-Street Loading. Shall be in accordance with Article XI.
6.
Signs. Shall be in accordance with Article XII.
7.
Before approval of a planned group development plan, the Planning
Commission shall require a contract with safeguards guaranteeing commencement
and completion of the development in a period to be specified by the
Planning Commission but which commencement period shall not exceed
two (2) years unless extended by the Planning Commission for due cause.
[Ord. No. 2470, 11-13-2018]
B.
A residential planned group development may be established in any
residential district subject to the following limitations:
1.
The total number of dwelling units permitted in a group development
shall be determined by dividing the gross development area by the
minimum lot area per dwelling unit requirement of the district in
which the group development is proposed to be located.
2.
Individual dwelling units may be grouped, clustered or combined,
however, in no case shall the percentage of total units combined into
apartment, townhouse or condominium type of arrangement exceed the
following schedule:
|
Zone District
| |||
|---|---|---|---|
|
Development Tract Size
|
"R-3"
(percent)
|
"R-2"
(percent)
|
"R-1"
(percent)
|
|
5 — 10 acres
|
100
|
40
|
20
|
|
11 — 20 acres
|
100
|
55
|
30
|
|
21 — 40 acres
|
100
|
70
|
45
|
|
41 — 60 acres
|
100
|
85
|
60
|
|
61 acres and over
|
100
|
100
|
70
|
3.
The minimum lot area and minimum lot frontage of single-family
dwelling lots established within the developments shall not be less
than two-thirds (2/3) of the normal minimum lot area and minimum lot
frontage of the district in which the lot is located.
4.
The percentage of tract coverage by building shall not exceed
that permitted in the zoning district.
C.
A service planned group development may be established in an "R-3"
and "S & O" District, subject to the following limitations:
1.
Motels are hereby permitted within these districts when part
of a planned group development.
2.
Business uses are allowed only if they are designed and used
for the purpose of serving the planned group development and are a
permitted use within the "B-1" District.
3.
Lot or tract coverage shall not exceed that permitted in the
zoning district.
D.
A business planned group development may be established in any "B-3,"
"B-2" or "B-1" District subject to the following limitations:
1.
Residential uses are permitted only if they can be shown to
be an integral part of the development.
2.
If the development faces or abuts a residential district, there
shall be a landscaped buffer strip of at least fifteen (15) feet.
Fencing or screening shall be established as required by the Planning
Commission.
3.
Lot or tract coverage shall not exceed that permitted in the
zoning district.
E.
An industrial planned group development may be established in any
"I-2" or "I-1" District subject to the following limitations:
1.
Residential uses shall not be allowed.
2.
Retail uses may be permitted only when accessory in nature and
are intended and designed to serve the group development.
3.
There shall be no outside storage unless the Planning Commission
deems that stored material cannot be viewed from surrounding property
and such storage facility is surrounded by a fence or screen of one
hundred percent (100%) density and at least seven (7) feet in height.
4.
All uses shall provide a front yard of at least thirty (30)
feet and side yards of at least twenty (20) feet on each side.
5.
At the perimeter of this group development there shall be a
twenty-five (25) foot landscaped buffer (one hundred (100) feet where
abutting a residential district).
6.
Individual lot coverage shall never exceed sixty percent (60%).
7.
Height of buildings shall never exceed forty-five (45) feet except as otherwise provided in Section 405.360.
8.
Billboards and advertising signs other than accessory signs
of the individual establishments are not allowed in this group development.
9.
Identification signs shall be of a non-flashing, unanimated
type.
[Ord. No. 2470, 11-13-2018]
If construction is not started or completed according to limits established through Section 405.470(E)(2) and due cause for extension is not shown, the Planning Commission shall commence action to revert any zoning established in connection with a planned group development to its zoning classification prior to such amendment and shall also commence action for rendering said plan null and void and shall remove said plan from the files with written notification of its action to all public or governmental agencies concerned.
[Ord. No. 2470, 11-13-2018]
In the event of Planning Commission disapproval the applicant
shall be notified by a written report setting forth reasons.
[Ord. No. 2470, 11-13-2018]
The signed and recorded planned group development shall be made
part of the permanent file of the Community Development Director and
the District Zoning Maps shall be marked to indicate the attachment
of planned group development, and shall be recorded with the Ray County
Recorder of Deeds.
[Ord. No. 2470, 11-13-2018]
A building permit shall not be issued for any building within
a planned group development which does not conform to the group development
plan as approved and recorded except that a reasonable variance to
location and gross floor area of individual buildings may be granted
after approval of said variation by the Planning Commission. If the
requested variance is deemed excessive, the Planning Commission may
request resubmission of a new plan under the rules established by
these regulations.
