§ 25-7.1. Same—Planned districts.

The zoning of land in the city to one of the planned districts (RP-1 to MP-2, inclusive) shall be for the purpose of requiring orderly development on a quality level generally equal to that of the equivalent standard zoning districts, by permitting variations from the normal and established development techniques. The use of planned zoning procedures is intended to encourage innovative and imaginative site planning, conservation of natural resources, minimum waste of land and the maximum protection of property values.

(a)

The following are specific conditions and objectives of planned zoning:

(1)

A proposal to rezone land to a planned district shall be subject to the same criteria relative to compliance with the comprehensive plan, land use policies, neighborhood compatibility, adequacy of streets and utilities and other elements, as is normal in rezoning deliberations;

(2)

The submittal by the developer and the approval of development plans by the planning commission and city council represent a firm commitment by the developer that development will indeed follow the approved plans in concept, intensity of use, aesthetic levels and quantities of open space;

(3)

Deviations in yard requirements, setbacks and relationships between buildings are acceptable and may be approved within the limits set out in subsection (b) in this section, if it is deemed that other amenities or conditions will be gained to the extent that an equal or higher quality of development will result than under standard zoning procedures;

(4)

Residential areas will be planned and developed in a manner that will produce more useable open space, better recreational opportunities, safer and more attractive neighborhoods than under standard zoning and development techniques;

(5)

Commercial areas will be planned and developed to result in attractive, viable and safe centers and clusters, as opposed to strip patterns, along thoroughfares. Control of vehicular access, architectural quality, landscaping and signs will be exercised to soften the impact on nearby residential neighborhoods and to assure minimum adverse effects on the street system and other services of the community;

(6)

The developer will be given latitude in using innovative techniques in the development of land not feasible under application of standard zoning requirements;

(7)

Planned zoning shall not be used as a refuge from the requirements of the equivalent district as to intensity of land use, amount of open space or other established development criteria;

(8)

No use will be permitted in the planned district that is not clearly permitted in the equivalent district;

(9)

Any building or portion thereof may be owned in condominium under appropriate Missouri statutes;

(b)

Standards of development in planned zoning districts:

(1)

The maximum height of buildings and structures shall be as set out in the equivalent district;

(2)

The intensity of land use, the floor area and bulk of buildings, the concentration of population, the percentage of lot coverage, the amount of open space, light and air shall be generally equal to that required in the equivalent zoning district;

(3)

The density of residential dwelling units, the parking requirements and the performance standards shall be the same as in the equivalent district;

(4)

The permitted uses shall be the same as those permitted in the equivalent district, provided that limitations may be placed on the type of occupancy of certain premises, if such limitation is, deemed essential to the health, safety or general welfare of the community;

(5)

The planning and zoning commission may, in the process of approving preliminary and final plans, approve deviations from the minimum standards in the equivalent district as follows:

a.

Setbacks of buildings and paved areas from a public street may be reduced to seventy-five (75) percent of the ordinance requirement;

b.

Setbacks or buildings and paved areas from a property line of the project (other than a street line) may be reduced to eighty-five (85) percent of the ordinance requirement;

c.

Side yards between buildings may be reduced to zero;

d.

A portion of the parking area required under this section may remain unimproved until such time as the city council deems it must be improved to serve the demand adequately.

The foregoing deviations may be granted by the planning and zoning commission only where there is ample evidence that such deviations will not adversely affect neighboring property, and shall not constitute the mere granting of a privilege. Reduction setbacks or other open space shall be compensated by additional open space in other appropriate portions of the project. In all cases such deviations shall be in keeping with good land planning principles, and must be specifically set out in the minutes of the commission, as well as on plans and other exhibits in the record.

(c)

Procedures: The procedure for zoning land to a planned district shall be as set out in section 25-12 of this Code.

(d)

Conformance to comprehensive plan: In the consideration of a change to a planned zoning district, the planning and zoning commission and governing body shall determine whether the proposal conforms to land use and thoroughfare plans, special studies and policies normally utilized in making zoning decisions in the city.

(Ord. No. 11296, 6-16-97; Ord. No. 11813, 11-6-2007)