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HomeMy WebLinkAboutOrd.3952.08-18-2008 BILL NO. 08-124 ORDINANCE NO. �9 c AN ORDINANCE ADOPTING A NEW SECTION 30-35 . 1 OF THE CITY CODE OF CAPE GIRARDEAU ENTITLED "PLANNED DEVELOPMENT DISTRICT" BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . There is hereby added a new Section 30-35 . 1 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Planned Development District" in words and figures to read as follows: Section 30-35 . 1 . "PD" - Planned Development District Regulations . A. PURPOSE. The purpose of the Planned Development District is to provide for greater flexibility in the development of land that is not possible to achieve in conventional zoning districts . This district is intended to encourage a more creative and innovative design and to promote a more desirable community. The objectives of the Planned Development District are : 1 . Achieve the goals and objectives of the Comprehensive Plan. 2 . Promote site planning that better adapts to site conditions and surrounding properties . 3 . Allow for a diversity of uses permitted and variation in uses, structures, open space and height of structures . 4 . Promote the creation of open space areas and the preservation of natural features of a development site. 5 . Ensure efficient and effective traffic circulation. Planned Development Districts can allow for flexibility in terms of density, uses and bulk regulations in accordance with the Comprehensive Plan. These districts should be designed to lessen 1 I congestion in the streets, to secure public safety, to promote the health and general welfare of the public, to prevent the overcrowding of land, to preserve natural features, and to facilitate the adequate provision of transportation, water, sewage, schools and parks . Approval of a Planned Development District, also known as a "PD district, " shall constitute an amendment to the zoning ordinance. Designation of a property as a PD district in accordance with an approved development plan shall supersede all existing and prior zoning classifications . All properties receiving this designation shall for zoning purposes be identified by the letters "PD" followed by an identifying number. A development plan shall be approved in conjunction with the rezoning of a tract to the PD district. The development plan shall specify, both for the project as a whole and/or for subareas within the project, as appropriate, those principal and accessory uses and development densities that are to be permitted. The City Council may include or exclude uses from the development plan, or include uses with attached conditions as appropriate, to achieve the intent of these provisions . In making its determination of the uses and development densities to be permitted within the PD district, the Council may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the PD district, the appropriateness of permitted uses for the area in general and their overall impact on the community, and the consistency of the permitted uses with the Comprehensive Plan and other adopted plans and policies. B. General Standards. The approved Final Development Plan shall provide detail regarding density, lot dimensions, maximum height of structures, setbacks, and the provision of off-street parking and loading spaces . No Planned Development District shall be allowed which would result in: 1) inadequate or unsafe vehicular access; 2) an undue burden on public parks, recreation areas, schools, or the provision of other City services; 3) substantial detriment to the 2 surrounding area; or 4) otherwise create substantial adverse impacts on the public health, safety or welfare . It shall be the responsibility of the applicant for a Planned Development District to demonstrate that the above factors are avoided or mitigated to a level that is acceptable to the City. C. Minimum District Size. The minimum site size for a Planned Development (PD) District shall be three (3) acres . D. Three-step Review Process; application and process. An application for approval of a development plan and PD zoning may be filed by the owner of the property which is the subject of the application. Applications for PD district designation shall be processed pursuant to a three-step review process as specified in this section. (The three-step process shall include) (1) Sketch plan. Prior to filing a Preliminary Development Plan, the applicant shall prepare a sketch plan of the proposed planned development for review by the Director of Development Services, and such other City staff as the Director may desire . The Director of Development Services shall coordinate sketch plan review of the proposed planned development . Upon completion of the sketch plan review, the Director of Development Services shall provide the applicant with written comments with respect to the proposed planned development and shall also provide such recommendations as may inform and assist the applicant in preparing an application for approval of a PD district . (2) Preliminary development plan. The Preliminary Development Plan is intended to provide the applicant with an opportunity to submit a plan showing the basic concept, character, and nature of the entire proposed planned development without becoming involved in the preparation of detailed development plans or engineering drawings . 3 I In order to permit the City and the applicant to proceed with some assurance, approval of the Preliminary Development Plan binds the applicant and the City with respect to the following development constraints : i . Categories of uses to be permitted; ii . Overall maximum density of residential uses and intensity of non-residential uses; iii . General location of vehicular and pedestrian circulation systems; iv. General location and extent of public and private open space; V. General location of residential and non-residential land uses; and vi . Phasing of development . a. Application for a Preliminary Development Plan. Upon completion of the sketch plan requirements, an application for a Preliminary Development Plan may be submitted. Five (5) copies of applications for approval of a Preliminary Development Plan shall be submitted to the Director of Development Services . The application for a Preliminary Development Plan shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Director of Development Services in written rules but shall in all instances contain at least the following information and documentation, which information and documentation, taken together, shall constitute a Preliminary Development Plan: 1 . The applicant' s name and contact information. 2 . The names and contact information of all professional consultants 4 advising the applicant with respect to the proposed planned development. 3 . The legal description of the subject property. 4 . The names and addresses of all adjacent property owners . 5 . The zoning district classification and present use of the subject property. 6 . One (1) or more maps at a scale of not less than one (1) inch to two- hundred (200) feet delineating the existing physical characteristics of the site, including: i . Topography at contours not more than five feet; ii . Slopes of fifteen (15) percent or more; iii . Property boundary lines and dimensions, avail- able utilities and easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property; iv. Water course, drainage ways, sinkholes, groundwater recharge areas, ponds, lakes and bodies of water; V. A generalized descrip- tion of vegetation and tree cover; vi . Marshes and floodplains, including the delineation of the 100-year floodplain, where applicable; vii . Drainage patterns; viii . Other physical features that may affect the development of the property. 7 . A map depicting both the existing development of the subject property and appropriate adjacent property which shows the approximate 5 location of existing streets, property lines, easements, water mains, and storm and sanitary sewers . 8 . A written statement, with supporting graphics, generally describing: the overall concept of the proposed planned development, the market which it is intended to serve, and its relationship to the Comprehensive Plan; the uses included and any limitations upon uses; a description of the general architectural design or theme to be employed; building types and prototypical site layouts, if appropriate; any proposed agreement, dedications or easements; any proposed private covenants and restrictions; and any other information pertinent to the proposal . 9 . One (1) or more maps at a scale of not less than one (1) inch to two- hundred (200) feet and a written description of the proposed planned development describing the following features of the project : i . A general land use plan with a description of the type, location, and nature of land use within each area of the development; ii . A proposed traffic circulation concept which illustrates both external and internal traffic ways related to the development, including proposed rights-of-way, travel lanes and other transportation improvements; iii . A generalized layout and description of water service, 6 sanitary sewerage, utilities, refuse collection, management of stormwater runoff and similar essential services; iv. A generalized landscape plan for the development, including the buffer and perimeter areas; V. A delineation and description of the minimum open space area, including the buffer and perimeter areas; vi . A description of screening and berming adjacent to existing residential areas; and vii . A sign plan that coordinates the size, location, and illumination of proposed signage within the development . 10 . A tabulation of the following information: i . The approximate total number of dwelling units proposed, by type of structure and approximate number of bedrooms for multi-family units; ii . The approximate total square feet of building floor area proposed for each general type of non-residential uses; iii . The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential and non-residential uses including types of structures, streets, public and private open space, and off-street parking and loading areas; and 7 iv. The proposed number of off- street parking and loading spaces for each proposed type of land use . 11 . Construction in phases. If the planned development is proposed for construction in phases, a proposed and tentative schedule for the development of such phases shall be submitted, stating the approximate beginning and completion date for each phase, the proportion of the total public and private open space, and the proportion of each type of proposed land use to be provided or constructed during each such phase; and the overall chronology of development to be followed from phase to phase . All public improvements directly related to each phase shall be completed at the time the phase is developed. Improvements serving the proposed planned development as a whole and any adjoining area in the planned development shall be completed in a sequence assuring full utility of the planned development as a whole and all areas within the planned development . All public improvements shall also be completed so that future public improvements required by any applicable ordinances of the city are not compromised or rendered unduly difficult . 12 . Traffic impact analysis. A traffic impact analysis indicating the relationship of the proposed development to traffic, road use, and development plans in the immediate surrounding areas . 8 b. Standards for Approval of a Preliminary Development Plan. 1 . Density. For non-residential development, the intensity of development may be regulated: a. by specifying a Floor Area Ratio (FAR) or Ratios; b. by specifying maximum square footage or gross leasable area; C. by specifying setbacks, height and bulk restrictions; or d. by a combination of the restrictions set out in sub- paragraphs 1, 2 or 3 hereinabove for the project as a whole or for components or subareas within the project . In addition, non- residential Preliminary Development Plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial, and other non-residential activities . In making its determination regarding the intensity of development and appropriate performance standards, the City Council may consider the character and scale of similar development, the character and scale of surrounding development and the area in general, and the real or anticipated impact on public facilities and services . The permitted number of dwelling units may be 9 distributed in any manner over the residential portion of the project consistent with the intent and provisions of this section. The Preliminary Development Plan shall specify distribution of residential density for the project as a whole or for subareas within the project . In making its determination regarding the distribution of residential densities, the City Council may consider the compatibility of residential densities with other uses within the district as well as outside the district and the impact of residential densities on public facilities and services . 2 . Bulk, Area and Height Requirements. The Preliminary Development Plan shall specify bulk, area, and height restrictions for the project as a whole, for subareas, and for components of the project. In making its determination regarding such restrictions, the Council may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district, and the general character and scale of similar development within the area of the proposal . 3 . Open Space. Common open space shall comprise at least 15% of the gross area of the total development. Common open space shall be used for recreational, 10 park or environmental amenity purposes for the collective enjoyment of the occupants of the development . Of the required common open space, up to one-half of it may be covered by water, floodplain, stormwater detention/ reten- tion facilities or left in a natural state which does not violate the nuisance provisions of the City Code . 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 . Common open space shall be maintained by a property owners association or may be conveyed to a public entity which will agree to maintain the common open space and facilities, subject to City Council approval . 4 . Perimeter buffer requirements. Where a PD district is adjacent to an existing residential area or an area zoned for residential uses, there shall be a minimum 30-feet wide buffer area, which shall be free of structures or parking areas and shall be landscaped with trees and shrubs, or preserved with natural features so that the PD district is visually obscured from the abutting residential properties . All landscaping shall be maintained in a healthy, neat and weed-free growing condition. 11 5 . Public Facilities. The Preliminary Development Plan shall specify conditions, restrictions and standards relating to the timely provision of necessary public facilities . In making its determination regarding such conditions, restrictions and standards, the City Council may consider the adequacy of existing facilities, the timely provision of adequate facilities, the impact of the proposed development on existing and/or planned facilities and the overall cost to the community. 6 . Access to Public Thoroughfares. The Preliminary Development Plan shall specify the location and general design of ingress and egress to the project along with any proposed access restrictions . The City Council may impose such access standards and restrictions as are necessary to protect the integrity and function of the City' s thoroughfare system and to insure the safe and efficient circulation of vehicles and pedestrians within the PD district . In making its determination regarding such access standards and restrictions, the City Council may consider the classification and function of the thoroughfare system, existing and projected volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns, and the consistency with the Comprehensive Plan and other adopted plans and policies . 12 c. Public Notice and Hearing Before the Planning and Zoning Commission. A public hearing on the Preliminary Development Plan shall be set and conducted by the Planning and Zoning Commission within forty (40) days of the filing of a complete application for approval of a Preliminary Development Plan. At least fifteen (15) days notice of the time and place of a public hearing before the Planning and Zoning Commission shall be published in a newspaper of general circulation in the city. Additionally, a notice of the public hearing shall be posted on the subject property and letters to all adjacent property owners shall be mailed at least seven (7) days prior to the public hearing. The applicant shall pay the actual costs of all such notifications . d. Action by the Planning and Zoning Commission. Within forty (40) days following the conclusion of the public hearing, unless a delay is requested by the applicant, the Planning and Zoning Commission shall transmit to the City Council its recommendation that the Preliminary Development Plan either be approved, be approved subject to modifications, or not be approved. In considering the Preliminary Development Plan and formulating its recommendation, the Planning and Zoning Commission shall be guided by the standards set forth in this Section. The failure of the Planning and Zoning Commission to act within forty (40) days following the conclusion of such hearing, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the denial of the Preliminary Development Plan as submitted. 13 e . Public Notice and Hearing Before the City Council . A public hearing on the Preliminary Development Plan shall be set and conducted by the City Council within thirty (30) days of action or failure to act by the Planning and Zoning Commission in accordance with the provisions of this Section. At least fifteen (15) days notice of the time and place of a public hearing before the City Council shall be published in a newspaper of general circulation in the City. Additionally, a notice of the public hearing shall be posted on the subject property and letters to all adjacent property owners shall be mailed at least seven (7) days prior to the public hearing. The applicant shall pay the actual costs of all such notifications . f . Action by the City Council . within thirty (30) days following the conclusion of the public hearing, unless a delay is requested by the applicant, the City Council shall either refuse to approve the Preliminary development Plan; shall refer it back to the Planning and Zoning Commission for further consideration of specified matters; or shall, by ordinance duly adopted, approve the Preliminary Development Plan, with or without modifications to be accepted by the applicant as a condition of such approval; provided, however, that if such plan is approved with modifications, no application for approval of a final development plan shall be filed or considered until the applicant has filed with the Director of Development Services his written consent to such modifications . In the event the City Council shall fail to act within the time limit herein 14 specified, the Preliminary Development Plan shall be deemed finally denied. g. Effect of Preliminary Development Plan Approval . Unless the applicant shall fail to meet time schedules for filing a final development plan or plans, or shall fail to proceed with development in accordance with the plans as approved, or shall in any other manner fail to comply with any condition of this Section or any approval granted pursuant to it, a Preliminary Development Plan which has been approved, or approved with modifications which have been accepted by the applicant, shall not be modified, revoked or otherwise impaired, pending the application for approval of a final development plan or plans, by any action of the City without the consent of the applicant. (3) Final Development Plan The Final Development Plan is intended to provide more detail, refine and implement the Preliminary Development Plan. A Final Development Plan may be submitted for the entire planned development or in phases as approved in the Preliminary Development Plan. When approving the Preliminary Development Plan, the City Council may permit review and approval of the Final Development Plan in its entirety or for specified portions of the project by the Planning and Zoning Commission. (a) Application . Upon approval of the Preliminary Development Plan, the applicant shall submit an application for Final Development Plan approval to the Director of Development Services . The application for Final Development Plan may include the entire area 15 included in the approved Preliminary Development Plan or one or more stages or phases thereof in accordance with a staging plan approved as part of the Preliminary Development Plan. The application shall contain a plan which refines, implements and is in substantial conformity with the approved Preliminary Development Plan, and shall contain such information and documentation as shall be prescribed from time to time by the Planning and Zoning Commission, but it shall in all instances contain at least the following information and documentation, which information and documentation, taken together, shall constitute a Final Development Plan: 1 . The applicant' s name and contact information. 2 . A legal description of the property for which Final Development Plan approval is sought . 3 . The date on which Preliminary Development Plan approval was granted. 4 . A preliminary plat of subdivision that includes a survey certified by a registered land surveyor. 5 . A tabulation of the following information with respect to the area included in the Final Development Plan: i . The total number of dwelling units proposed, by type of structure and number of bedrooms for multi-family units; ii . The total square feet of building floor area proposed for each general type of non- residential use; 16 iii . The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential uses and non-residential uses, including types of structures; public and private open space; streets, and off-street parking and loading areas; and iv. The proposed number of off- street parking and loading spaces for each proposed type of land use . 6 . A landscape plan specifying the design, description and arrangement of landscaping for all open space, buffer and perimeter areas in the PD district, including materials and techniques to be used. A statement and plan of the proposed treatment of the buffer and perimeter areas of the proposed planned development, including materials and techniques to be used. 7 . when the proposed planned development, or stage thereof, includes provisions for public or private open space or service facilities, a statement describing the provision that is to be made for the dedication or care and maintenance of such open space or service facilities . If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by- laws of such entity shall be submitted. 17 8 . Copies of any restrictive covenants that are to be recorded with respect to property included in the Final Development Plan. 9 . Utility plans, indicating placement and sizes of all public utilities, as appropriate . 10 . A statement summarizing all changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any such document, plan or date . 11 . Proof of recording any easements and restrictive covenants prior to the sale of any land or structure or portion thereof within the planned development and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or private common open space or service facility. 12 . Such other and further information as the Planning and Zoning Commission and City Council shall find necessary to a full consideration of the entire proposed planned development or any stage or unit thereof . (b) Substantial Conformity Defined. A Final Development Plan shall be deemed not to be in substantial conformity with an approved Preliminary Development Plan if it: 1 . Increases by more than five (5) percent from the maximum density, approved in the Preliminary Development Plan. 18 2 . Increases by more than five (5) percent the maximum floor area to be devoted to any non-residential use . 3 . Increases in height of buildings by more than five (5) percent . 4 . Decreases by more than five (5) percent in the area approved for public and private open space or changes in the general location of such areas . 5 . Relocates approved circulation patterns to any extent that would decrease the ability of such patterns to function efficiently, adversely affect their relation to surrounding lands and circulation patterns, or would reduce their effectiveness as buffers or amenities . 6 . Significantly alters the arrangement of land uses within the planned development . 7 . Violates any provision of the codes and ordinances applicable to the proposed planned development, or 8 . Departs from the Preliminary Development Plan in any other manner which the Planning and Zoning Commission or City Council shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed planned development . (c) Action by Planning and Zoning Commission. when the Planning and Zoning Commission has been granted review and approval during the Preliminary Development Plan process, within forty (40) days following the submission of a complete application for the Final Development Plan, or such longer period as may be agreed to by 19 the applicant, the Planning and Zoning Commission shall review the plan with respect to its conformity to the approved Preliminary Development Plan; with respect to the merit or lack of merit of any departure of the Final Development Plan from substantial conformity with the Preliminary Development Plan; and with respect to compliance of the Final Development Plan with any conditions imposed by approval of the Preliminary Development Plan, and with the provisions of this Section and all other applicable federal, state and city codes, ordinances and regulations . If the Planning and Zoning Commission finds that there is substantial conformity between such plans and shall further find the Final Development Plan to be in all other respects complete and in compliance with any conditions imposed by approval of the Preliminary Development Plan, and with the provisions of the section and all other applicable federal, state and city codes, ordinances and regulations, it shall approve the Final Development Plan. Planning and Zoning Commission action shall constitute final approval of the Final Development Plan. If the Planning and Zoning Commission shall find that the Final Development Plan lacks substantial conformity to the Preliminary Development Plan but merits approval notwithstanding such lack of conformity, it shall transmit such plan to the City Council together with its recommendation that the Final Development Plan be approved. In any case, where the Planning and Zoning Commission finds that the Final Development Plan lacks substantial 20 conformity to the Preliminary Development Plan and does not merit approval, it shall transmit such plan to the City Council, together with its recommendation that the Final Development Plan not be approved. The failure of the Commission to act within the aforesaid time period shall be deemed a recommendation to the City Council to deny the Final Development Plan as submitted. (d) Action by the City Council . Within forty-five (45) days, or such longer period as may be agreed to by the applicant, following the action of the Planning and Zoning Commission, or its failure to act as provided, the City Council shall either refuse to approve the Final Development Plan, shall refer it back to the Planning Commission for further consideration of specified matters, or shall, by ordinance duly adopted, approve the Final Development Plan, with or without modifications to be accepted by the applicant, as a condition of such approval . The failure of the City Council to act within the aforesaid time period shall be deemed a final denial of Final Development Plan approval . (e) Notice and Recording of Final Development Plan. Within seven (7) days following the final disposition of an application for Final Development Plan approval, the Secretary of the Planning and Zoning Commission shall mail notice thereof to the applicant and to all city officials, departments, boards and commissions whose duties might be affected by such disposition. When a Final Development Plan is approved, the Secretary shall, within ten (10) days of its approval, file a copy of the entire Final Development 21 Plan in the permanent records of the Planning and Zoning Commission. (f) Building and Other Permits. Upon, but not before, receiving notice from the Secretary of the Planning and Zoning Commission that the Final Development Plan has been approved, and upon pplication by the applicant, all appropriate officials of the City may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Development Plan; provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the City have been met which are applicable to the permit sought . (g) Adjustments to Plan During Development . During the construction of a planned development, the Director of Development Services may authorize minor adjustments to the Final Development Plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development . (h) Amendments to Final Development Plan. In addition to the minor adjustments authorized above, an approved Final Development Plan may be amended, varied, or altered in the same manner, and subject to the same limitations, as any other regulation established by this Section. In addition, an approved Final Development Plan may be amended or altered pursuant to the procedures established by this Section for its original approval . (i) Compliance with Final Development Plan. The construction and operation of a 22 planned development shall be in compliance with the approved Final Development Plan at all times . ARTICLE 2 . If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . ARTICLE 3 . It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval . ASSED AND APPROVED THIS � DAY OF n�S� 201R. 4�1 J B. Knudtson, Mayor O rA O 'r s 8�J►ti Gayle L Conrad City Clerk 23