Grain Valley City Zoning Code
SECTION 400
200 District "P" Planned Overlay District - Use Regulations.
[R.O. 1996 § 400.200; Ord. No. 1084 § 240, 3-10-1997; Ord. No. 1128 § 1, 9-8-1997; Ord. No. 2067, 2-22-2010]
A.
Purpose.
1.
A Planned Overlay District shall be for the purpose of permitting and regulating the zoning districts previously cited in this Chapter and shall provide latitude and flexibility in location of buildings, structures, open spaces, play areas, parking, roads, drives, variations in setback and yard requirements. The Planning and Zoning Commission shall consider each plan and make its recommendation to the Board of Aldermen, which shall then make a determination as to approval or disapproval of the plan.
2.
Land may be zoned as District "P" (Planned Overlay District) by the Board of Aldermen on its own motion, whenever it is felt that such land would be better developed and fulfill the intent of the City's land use and Comprehensive Plan development. The owner or developer of such land designated as a District "P" (Planned Overlay District) by the Board of Aldermen shall submit a site development plan to the Planning and Zoning Commission which must be considered during a public hearing by said Commission and recommendation made to the Board of Aldermen and then approved by the Board of Aldermen during a public hearing before the land may be developed.
3.
The owner or developer of land determined by the Board of Aldermen to be better developed as a planned development shall, prior to such development, prepare and submit to the Planning and Zoning Commission a site development plan with the following elements:
a.
The boundaries of the area and the development of property adjacent to the area and within three hundred (300) feet thereof.
b.
The existing topography in intervals no greater than two (2) feet.
c.
Proposed location, number, type and arrangements of buildings, typical elevation, structures, parking areas, existing and proposed streets, drives, open spaces, play areas and other reasonable information required by the Commission. The plan shall be accompanied by a plat giving full legal description of the boundaries of the property.
B.
Land may be zoned under this Planned District classification "R-1P" through "M-2P," inclusive, subject to the submission of the overall site development plan to the Planning and Zoning Commission for a recommendation and report to the Board of Aldermen and approval of such site development by the Board of Aldermen. The site development plan, as approved, shall be entered into the records of the Planning and Zoning Commission, Board of Aldermen and the Planning Officer and conformance to the plan shall be mandatory, except as provided therein or unless a change in such site development plan is reviewed by the Planning and Zoning Commission because of change in conditions and recommendation made to the Board of Aldermen and such change is approved by the Board of Aldermen. The Planning Officer may allow the developer to make the following changes in the approved site development plan as a result of unforeseen engineering problems:
1.
Move private streets and driveways by not more than ten (10) feet.
2.
Move the location of structures by not more than ten (10) feet so long as not to violate any setback regulations.
3.
Move the location of any parking area by not more than twenty (20) feet so long as it would not come closer than twenty (20) feet to any residential structure or ten (10) feet from any street or right-of-way lines.
4.
Change the configuration of any parking area so long as the number of spaces is not reduced.
5.
Change the location of sidewalks and pathways provided that all points remain connected.
6.
Change the building size by a total of not more than one hundred (100) square feet for a residential structure and by a total of not more than five percent (5%) for a commercial structure so long as no setback and parking regulations are violated.
C.
Use.
1.
The uses permitted in any planned district shall be the same as in the corresponding regular district; for example, the uses permitted in "M-1P" shall be the same as in "M-1."
2.
"M-1P" Districts located north of I-70 and west of Buckner Tarsney Road may allow uses permitted in "C-2" and "C-3" zoning districts.
D.
Requirements And Standards.
1.
The amount of open space, buffer zone, yard, parking, play area, density, floor area ratio and height requirements shall be determined by the Board of Aldermen after recommendation by the Planning and Zoning Commission. Buildings over the maximum allowable height of the base district shall be allowed, provided that any part of the structure over the maximum allowable height of the base district shall be set back from all property lines one (1) additional foot for each additional foot in height.
2.
The Board of Aldermen shall use the requirements and standards found in the base zoning district as a guide in making such determination and may permit adjustments from these requirements and standards in the interest of efficient land development and utilization if it is deemed that other amenities or conditions will be gained to the extent that an equal or higher quality development is produced.
a.
A District "P" may be established on a tract of land in single ownership or under unified control.
b.
The net area of land to be included in a District "P" and so designated shall be at least two and one-half (2 1/2) acres in size. The term "net area," as used herein, shall not include any areas within dedicated highways, streets, alleys or any other public ways or public property.
c.
The location of any District "P" shall be on property which has direct access to major thoroughfares and the Planning and Zoning Commission and Board of Aldermen shall satisfy itself as to the adequacy of the thoroughfares to carry the additional traffic projected to be generated by the development.
d.
No building permit shall be issued for any construction in this District "P" until the Board of Aldermen has approved the final development plan for the building and site, except that individual sites may be approved by the Planning Officer if all of the provisions of the comprehensive zoning ordinance are met. When any latitude or flexibility, as allowed for in Subsection (A) of this Section is requested, the review and approval shall be done by the Planning and Zoning Commission and the Board of Aldermen.
e.
Applicants requesting approval of development plans on undeveloped Planned Overlay District properties in existence at the time this Chapter is adopted shall submit preliminary development plans concurrent with preliminary plats.
f.
Development of a single lot or parcel not exceeding one (1) acre is exempt from the requirements to submit a preliminary development plan.
g.
The site development plan for any construction or development shall include provisions to meet the following standards:
(1)
Each exterior wall within three hundred (300) feet of and visible from the right-of-way of I-70 or Buckner Tarsney Road shall be constructed with one hundred percent (100%) coverage of all exterior visible walls with the following materials:
(a)
Masonry. Masonry construction shall include all masonry construction which is composed of solid, cavity, faced or veneered-wall construction or similar materials.
(i)
Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble or other hard and durable all-weather stone. Ashlar, cut stone and dimensioned stone construction techniques are acceptable.
(ii)
Brick material used for masonry construction shall be composed of hard fired (kiln fired) all-weather common brick or other all-weather facing brick.
(iii)
Stucco or approved gypsum concrete/plaster materials.
(b)
Glass Walls. Glass walls shall include glass curtain walls or glass block construction. A "glass curtain wall" shall be defined as an exterior wall which carries no floor or roof loads and which may consist of a combination of metal, glass and other surfacing material supported in a metal framework.
(c)
Wood. Plywood paneling shall be prohibited.
(d)
Any other material not specifically excluded, provided the material is approved by the Board of Aldermen.
(2)
Each exterior wall facing a public street shall consist of no less than twenty percent (20%) coverage of building materials noted in paragraph (1).
(5)
Certain Restrictions And Limitations.
(a)
Exposed front and street sidewall facades, excluding windows, doors or overhead doors, consisting of a single undifferentiated plane with a single texture or color shall be prohibited.
(b)
Not less than fifteen percent (15%) of the area of each front exterior facade and street sidewall where a building is located on a corner lot, excluding windows, doors or overhead doors, shall be recessed, projected or alternately staggered from the primary plane of the wall. For purposes of this Section, fascias shall not be counted as a projection from the primary plane.
(c)
Roof-mounted equipment, excluding satellite dishes, shall be screened from view one hundred percent opacity or isolated so that it is not visible from ground level of any adjacent applicable public thoroughfare up to a maximum of three hundred (300) feet away and no more than three (3) feet of equipment shall be visible from other adjoining property. The appearance of roof screen shall be coordinated with the building to maintain a unified appearance.
(d)
Electrical and mechanical equipment in excess of three (3) feet in height and visible from any adjacent public thoroughfare or a residentially zoned area shall be screened from view one hundred percent opacity up to a maximum of three hundred (300) feet away. Such screens and enclosures shall be treated as integral elements of the building's appearance.
(e)
Mirrored glass with a reflectance greater than forty percent (40%) shall not be permitted on more than twenty percent (20%) of the exterior wall of any building.
(f)
Maintenance. The exposed walls and roofs of buildings shall be maintained in a clean, orderly and attractive condition, free of cracks, dents, punctures, breakage and other forms of visible marring. Materials that become excessively faded, chalked or otherwise deteriorated shall be refinished or repainted. "Excessively faded" shall be defined as a color change exceeding seven (7) Delta E (Hunter) units under ASTM D2244. "Excessively chalked" shall be defined as chalk in excess of ASTM D759 number six (6) rating.
h.
Any loading area adjacent to an exterior park boundary street or a residential area shall be buffered with landscape materials in conjunction with earthen berms.
i.
All products that are stored or sold and materials used in production shall be kept inside a building and all services shall be rendered inside a building with the exception of outdoor play areas for licensed day care facilities.
j.
All company service vehicles, fleet trucks, etc., used in conjunction with a permitted use shall be stored overnight such that they are screened with a landscape buffer or not visible from exterior park boundary streets or residential properties abutting the park boundary.
E.
Preliminary Development Plan — Content And Submission Requirements. The following list delineates the elements which are to be submitted at the same time as the rezoning request. No rezoning request will be considered until all required elements have been submitted.
1.
Two (2) full size copies and two 11" x 17" copies of the preliminary development plan shall be submitted in support of the application for rezoning. The preliminary development plan shall contain the following information:
a.
North Arrow And Scale. All preliminary development plans are to be drawn to a standard engineer's scale. All items shown on the preliminary development plan, including, but not limited to, streets, driveways and buildings shall be drawn to scale. The actual scale used will depend on the development and shall be subject to the approval of the Planning Officer.
b.
With regard to the subject property only:
(1)
Existing topography with contours at five (5) foot intervals and delineating any land areas within the 100-year floodplain.
(2)
Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and any existing easements.
(3)
Sufficient dimensions to indicate relationships between buildings, property lines, parking areas and other elements of the plan.
(4)
General extent and character of the proposed landscaping.
(5)
Preliminary storm water collection, detention and erosion control plans, showing existing facilities.
(6)
An analysis of the capacity of the existing sanitary sewer receiving system.
c.
With regard to areas within two hundred (200) feet of the subject property:
(1)
Any public streets which are of record.
(2)
Any drives which exist or are proposed such that their location and size are shown on plans on file with the City, except those serving single-family houses.
(3)
Any buildings which exist or are proposed such that their location and size are shown on plans on file with the City. Single-family and two-family residential buildings may be shown in approximate location and general size and shape.
d.
A schedule indicating total floor area, land area, parking spaces, open space, land use intensity and other quantities which are described in the preliminary development plan.
e.
A schedule indicating the stages proposed to be followed in the construction of the development.
2.
Two (2) copies of a preliminary sketch shall be submitted depicting the general style, size and exterior construction materials of the buildings proposed. In the event of several building types, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.
3.
Two (2) copies of a thoroughfare plan showing the general arrangements of streets within one thousand (1,000) feet of the boundaries of the area proposed for development.
4.
Traffic Impact Analysis (TIA). A TIA may be required by the Planning Officer whose decision is appealable to the Planning and Zoning Commission whose decision is appealable to the Board of Aldermen. In addition, the Planning and Zoning Commission or Board of Aldermen on their own motion may require a Traffic Impact Analysis. Elements which will be considered in the determination of requiring a Traffic Impact Analysis, include, but are not limited to:
F.
Preliminary Development Plan — Revisions.
1.
Changes In The Approved Preliminary Development Plan.
a.
Changes in the preliminary development plan which are not substantial or significant may be approved by the Planning and Zoning Commission and disapproval of such changes by the Planning and Zoning Commission may be appealed to the Board of Aldermen within ten (10) business days of the Planning and Zoning Commission decision.
b.
Substantial or significant changes in the preliminary development plan may be approved after rehearing by the Planning and Zoning Commission; such rehearing shall be in accordance with Section 400.330, Amendments.
c.
For purposes of this Section, "substantial or significant changes" in the preliminary development plan shall mean any one (1) or more of the following:
(1)
Increases in the floor area of each building or buildings presented in the preliminary development plan by more than ten percent (10%) or decreases in the floor area of any building by equal to or greater than fifty percent (50%).
(2)
Increases in lot coverage by more than five percent (5%).
(3)
Increases in the height of any building by more than twenty percent (20%).
(4)
Changes of architectural style which will make the project less compatible with surrounding uses.
(5)
Changes in ownership patterns or stages of construction that will lead to a different development concept.
(6)
Changes in ownership patterns or stages of construction that will impose substantially greater traffic loads on streets and other public facilities.
(7)
Decreases of any peripheral setback of more than five percent (5%).
(8)
Decreases of areas devoted to open space of more than five percent (5%) or the substantial relocation of such areas.
(9)
Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.
(10)
Modification or removal of conditions or stipulations to the preliminary development plan approval.
2.
The determination of whether a proposed revised preliminary development plan contains "substantial or significant changes" shall be made by the Planning Officer.
G.
Final Development Plan — Content And Submission Requirements. The following list delineates the elements which are to be submitted for approval of a final development plan.
1.
Two (2) full size and two 11" x 17" copies of a final development plan for any building or buildings to be constructed within the development shall be submitted in support of the application. The final development plan shall contain the following information:
a.
Site Plan.
(1)
Finished grades or contours for entire site [two (2) foot contour intervals].
(2)
All adjacent public street right-of-way, existing and proposed, with centerline location.
(3)
All adjacent public street and private drive locations, widths, curb cuts and radii (existing and proposed).
(4)
Location, width and limits of all existing and proposed sidewalks.
(5)
Location, size and radii of all existing and proposed median breaks and turning lanes.
(6)
Distance between all buildings, between buildings and property lines, and between all parking areas and property lines.
(7)
Location of all required building and parking setbacks.
(8)
Location, dimensions, number of stories and area in square feet of proposed buildings.
(9)
Area of land on site plan in square feet or acres.
(10)
Limits, location, size and material to be used in all proposed retaining walls.
(11)
Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.
(12)
Location, height, candlepower, direction of lighting and type of outside lighting fixtures for buildings and parking lots.
(13)
Location, size, type of material and message of all proposed monument or detached signs.
(14)
Pertinent peripheral information to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semipublic easements.
(15)
Final stormwater collection, detention and erosion control plans.
(16)
Final analysis of the capacity of the existing sanitary sewer receiving system.
2.
All final development plans are to be drawn to a standard engineer's scale. The actual scale used will depend on the development and shall be subject to the approval of the Planning Officer.
3.
The following shall be submitted in support of the application for final development plan approval:
a.
Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval if conveyance thereof is not to be made by plat.
b.
A copy of all covenants and restrictions applicable to the development if required by the terms of the approved preliminary development plan.
c.
Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency required pursuant to approval of the preliminary development plan, if required by the terms of the approved preliminary development plan.
d.
Evidence of satisfaction of any stipulations of the preliminary development plan approval which were conditions precedent to consideration of the final development plan.
H.
Final Development Plan — Consideration.
1.
Application for a final development plan approval shall be submitted for approval by the Planning and Zoning Commission and by the Board of Aldermen.
2.
The Planning and Zoning Commission may recommend approval, approval with stipulations or conditions or recommend disapproval of any development plan and the Board of Aldermen may approve, conditionally approve or disapprove any final development plan.
3.
In the event of a determination that changes in the proposed final development plan are substantial changes from the approved preliminary development plan and thereby denied by the Board of Aldermen, the same or a similar application may not be considered again by the Planning Commission and Board of Aldermen except through the public hearing process, in accordance with Section 400.330, Amendments, and Section 410.340, Resubmission Of Application.
4.
No building permit shall be issued for any construction in this District "P" until the Board of Aldermen has approved the final development plan for the building and site.
5.
The proponents of a Planned District shall prepare and submit a schedule of construction, which construction shall begin within a period of one (1) year following approval of the final development plan by the Board of Aldermen. Failure to begin the construction as scheduled shall void the final development plan as approved, unless a request for an extension of time is made by the proponents to the Board of Aldermen and approved by said Board.
6.
Adjustments To Final Development Plan.
a.
After the zoning change has been made and the final development plan has been approved and when, in the course of carrying out this plan, adjustments or rearrangements of buildings, parking area, entrances, heights or open spaces are requested by the proponents and such requests conform to the standards established by the approved final development plan for area to be covered by buildings, parking spaces, entrances, height, setback and other requirements, such adjustments may be approved by the Planning Officer pursuant to the final development plan considerations.
b.
In addition to the above, the Planning Officer may, without the approval of the Planning and Zoning Commission or Board of Aldermen, allow the developer to make the following changes in the approved final plan as a result of unforeseen engineering problems:
(1)
Move private streets and driveways by not more than ten (10) feet.
(2)
Move the location of structures by not more than ten (10) feet so long as not to violate any setback regulations.
(3)
Move the location of any parking area by not more than twenty (20) feet so long as it would not come closer than twenty (20) feet to any residential structure or ten (10) feet from any street or right-of-way lines.
(4)
Change the configuration of any parking area so long as the number of spaces is not reduced below the required number of spaces.
(5)
Change the location of sidewalks and pathways provided that all points remain connected.
7.
Along any other property line abutting or adjoining a residentially zoned district, there shall be a setback of at least ten (10) feet for any building or parking lot. The Planned District shall be permanently screened from such abutting or adjoining properties zoned for residential use by wall, fence or other suitable enclosure at least six (6) feet in height. The area adjacent to such wall or fence shall be planted with trees and shrubs to form an ornamental screen and trees and shrubs shall be properly and adequately maintained by the developer.
8.
The building line along any street shall be consistent with the building line established in any neighboring residential districts. The Planning and Zoning Commission may recommend to the Board of Aldermen a reduction in the above required setbacks where the situation will reasonably warrant such reductions and the Board of Aldermen may, in their discretion, adjust such setbacks.