(A)

Intent.

Planned Development:

A single development site that is two (2) acres in size or less and is reviewed and approved administratively. This development type shall visually blend with the surrounding built environment, be compatible with adjacent land uses, be mixed use either vertically, horizontally or both, and built to accommodate people first over the automobile. These sites are intended to be developed as integrated project units, either as independent developments or a part of larger Planned Districts, giving special consideration for their development and expansion.

Planned District:

A Planned District is more than two (2) acres in size and may consist of multiple developments. Planned Districts are approved by the City Planning Commission and Board of Aldermen by ordinance. This District's regulations are intended to encourage flexible and innovative design in the development of mixed-use sites through the combination of commercial, office, and residential uses. These sites are intended to be developed as integrated project units giving special consideration for their development and expansion.

(B)

Principal Permitted and Accessory Uses.

The following uses shall be permitted in a Planned Development and/or District, but only as established by the approved Preliminary Development Plan or a Conceptual Development Plan ordinance.

(1)

Any use listed as a principal permitted, accessory, and/or conditional use in the R-1A, R-1, R-2, R-3, R-4, OS, C-1, C-2, C-3, NB, and CS.

(2)

Any use customarily incidental and subordinate to the principal use it serves except as otherwise limited by the specific ordinance authorizing the establishment of the particular PD.

(C)

Procedures for Planned Developments.

The Planned Development is a single project of two (2) acres in size or less. These relatively small developments can be a part of a larger Planned District. However, projects may be stand alone and not be tied to a larger Planned District. A purpose of the Planned Development is to allow small developers a short review process through administrative review and approval. The project application and applicable documentation will be presented by staff to the Planning Commission and Board of Aldermen as a notification of a proposed development in a Planned District. Upon submittal for a Planned Development, the Director of Community Development reserves the right to send any project through the public hearing process, similar to what is required for a Planned District, if they feel the proposal pushes the bounds in terms of land uses, bulk regulations, etc. or may create a public concern.

(1)

Application and Preliminary Development Plan Submission: The application for Planned Developments shall be filed, along with the appropriate filing fee, as provided in this Ordinance, with the Department of Community Development. The application shall be accompanied by a Preliminary Development Plan including:

(a)

Written Information.

Legal description and address of property;

Name, address and phone number(s) of the property owner(s);

Proposed construction and landscaping schedule indicating the timing and sequence of each development activity;

Existing and proposed uses for all buildings or structures; Total area of property and all structures existing and proposed;

Present and proposed type and number of parking spaces on the property.

(b)

Graphic Materials

The submittal shall be a 24" x 36" sheet size and include the following:

Complete property dimensions;

The location, grade, and dimensions of all present and/or proposed streets or other paved surfaces and engineering cross-sections of proposed new curbs and pavement;

Proposed parking and traffic circulation plan, if applicable, showing location and dimensions of parking stalls, dividers, planters or similar permanent improvements; perimeter screening treatment, including landscaping;

Location, size and type of any existing and proposed signs;

Location and dimensions of all buildings or major structures, both proposed and existing, showing exterior dimensions, number and area of floors, location, number and type of dwelling units, height of building(s); this shall include sketches of proposed buildings with their general exterior design and materials;

Existing and proposed contours of the property taken at regular contour intervals not to exceed five feet (5'), or two feet (2') if the Director of Community Development determines that greater contour detail is necessary to satisfactorily make determinations required by this Ordinance.

The general nature, location, and size of all significant existing natural land features, including but not limited to sidewalks or paths, tree or bush masses, all individual trees over six inches (6") in diameter, grassed areas, surface rock and/or soil features, and all springs, streams, or other permanent or temporary bodies of water;

A locational map or other drawing at appropriate scale showing the general location and relation of the property to surrounding areas, including, where relevant, the zoning and land-use pattern of adjacent properties, the existing street system in the area, location of nearby public facilities.

(2)

Preliminary Development Plan Approval: The Director of Community Development shall not approve the Preliminary Development Plan unless and until the City Development Review Team determines that such plan conforms to each of the following standards:

(a)

The Preliminary Development Plan is in substantial conformance with the adopted Comprehensive Plan to guide the future growth and development of Grandview;

(b)

(If applicable) The Preliminary Development Plan is in substantial conformance with an adopted Planned Development or District;

(c)

Expansions contemplated by the plan are justifiable and reasonable in light of the projected needs of the institution and the public welfare;

(d)

The proposed additions or expansion are designed so as to be functionally integrated with the existing institutional facilities, with due regard to maintenance of safe, efficient, and convenient vehicular and pedestrian traffic.

(e)

The proposed additions or expansions of use are permitted in the district and are not likely to unreasonably interfere with the appropriate use and enjoyment of property in abutting districts;

(f)

The Preliminary Development Plan will not violate any provision or requirement of this Ordinance;

(g)

Approval of the Preliminary Development Plan shall be valid for a period of three (3) years, provided that after the first year, if no Final Site Plan has been filed, the Director of Community Development may require the resubmission of a Preliminary Development Plan in conformity with the procedures and standards of this section;

(h)

A limited amount of overall site preparation and grading can be undertaken only after final approval of the Preliminary Development Plan and approval of a site grading plan by the Director of Community Development plus any land restoration bond, as may be required.

(3)

Submission of Final Site Development Plan: After approval of a Preliminary Development Plan by the Director of Community Development, the applicant shall submit final site development plans within the period of time, if any, specified in the Preliminary Development Plan. The plans shall include detailed information as required of a final site plan for adequate consideration of the Plans. The Director of Community Development will judge the Final Site Development Plan for its conformance with the approved Preliminary Development Plan, and if found to be in conformance with said plan the issuance of building permits shall be permitted. Following approval of the Final Site Development Plan, no construction may take place except in substantial conformance with such Plan. If the project is phased, then each phase would be considered on its own merit and be evaluated on the specific details in the Preliminary Development Plan. The plans shall satisfy the subdivision regulations and other pertinent City ordinances where applicable.

(4)

Communication of Approved Planned Developments: Since Planned Development projects are approved administratively, the City Staff shall report on a regular basis to the Planning Commission and Board of Aldermen on Planned Developments that have been received, are in the review process, or have been approved.

Staff will provide reports to the Planning Commission during regularly scheduled meetings and to the City Administrator, who shall distribute to the Board of Aldermen.

(D)

Procedures for Planned Districts.

The Planned District is for the establishment of a district of more than two (2) acres in size and may consist of multiple developments. The purpose of the Planned District is to create an area that shares common architectural designs and themes, character, and land uses. The Planning Commission and Board of Aldermen will review and approve/deny applications for a Planned District.

(1)

Application and Conceptual Development Plan Submission: An application for district establishment shall be filed, along with the appropriate filing fee, as provided in this Ordinance, with the Department of Community Development. The application shall be accompanied by a Conceptual Development Plan including:

(a)

Written Information

Legal description and address of property;

Name, address and phone number(s) of the property owner(s); Proposed construction and landscaping schedule indicating the timing and sequence of each development activity;

Existing and proposed uses for all buildings or structures; Total area of property and all structures existing and proposed;

Present and proposed type and number of parking spaces on the property.

(b)

Graphic Materials

The submittal shall be a 24" x 36" sheet size and include the following:

Complete property dimensions;

The location, grade, and dimensions of all present and/or proposed streets or other paved surfaces and engineering cross-sections of proposed new curbs and pavement;

Proposed parking and traffic circulation plan, if applicable, showing location and dimensions of parking stalls, dividers, planters or similar permanent improvements; perimeter screening treatment, including landscaping;

Location, size and type of any existing and proposed signs;

Location and dimensions of all buildings or major structures, both proposed and existing, showing exterior dimensions, number and area of floors, location, number and type of dwelling units, height of building(s); this shall include sketches of proposed buildings with their general exterior design and materials;

Existing and proposed contours of the property taken at regular contour intervals not to exceed five feet (5'), or two feet (2') if the Director of Community Development determines that greater contour detail is necessary to satisfactorily make determinations required by this Ordinance.

The general nature, location, and size of all significant existing natural land features, including but not limited to sidewalks or paths, tree or bush masses, all individual trees over six inches (6") in diameter, grassed areas, surface rock and/or soil features, and all springs, streams, or other permanent or temporary bodies of water;

A locational map or other drawing at appropriate scale showing the general location and relation of the property to surrounding areas, including, where relevant, the zoning and land-use pattern of adjacent properties, the existing street system in the area, and location of nearby public facilities.

(2)

Commission Hearing: A public hearing shall be held by the Planning Commission on the application in the same manner and with the same public notice procedure as required for Zoning Map Amendments.

(3)

Commission Recommendation: The Planning Commission's recommendation shall be transmitted to the Board of Aldermen with a statement of reasons in support of the recommendation. If the recommendation is one of approval, it may contain recommended conditions or restrictions to be included in an ordinance authorizing the Planned District. The conditions or restrictions shall include but not be limited to:

Time limitations, if any, for submission of final development plans and commencement of construction;

Uses permitted in this district;

Lot and bulk and performance standards for the development and operation of the permitted uses;

Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the purchase or lessee acknowledged awareness of the conditions authorizing the establishment of the development.

(4)

Conceptual Development Plan Approval: The Planning Commission shall not recommend approval of the Conceptual Development Plan unless and until the Commission determines that such plan conforms to each of the following standards:

(a)

The Conceptual Development Plan is in substantial conformance with the adopted Comprehensive Plan to guide the future growth and development of Grandview;

(b)

Expansions contemplated by the plan are justifiable and reasonable in light of the projected needs of the institution and the public welfare;

(c)

The proposed additions or expansion are designed so as to be functionally integrated with the existing institutional facilities, with due regard to maintenance of safe, efficient, and convenient vehicular and pedestrian traffic.

(d)

The proposed additions or expansions of use are permitted in the district and are not likely to unreasonably interfere with the appropriate use and enjoyment of property in abutting districts;

(e)

The Conceptual Development Plan will not violate any provision or requirement of this Ordinance;

(f)

Approval of the Conceptual Development Plan shall be valid for a period of three (3) years, provided that after the first year, if no Final Site Plan has been filed, the Commission or Board of Aldermen may require the resubmission of a Conceptual Development Plan in conformity with the procedures and standards of this section;

(g)

A limited amount of overall site preparation and grading can be undertaken only after final approval of the Conceptual Development Plan by the Board of Aldermen and the submission and approval of a site-grading plan by the Director of Community Development plus any land restoration bond, as may be required.

(5)

Board of Aldermen Action: Upon receiving the recommendation of the Commission, the Board of Aldermen shall act in the manner provided by law to approve or deny the requested development plan. The Board of Aldermen shall adopt an ordinance approving the establishment of the Conceptual Development Plan. The affirmative vote of at least two-thirds of all the membership of the Board of Aldermen shall be necessary to approve the Conceptual Development Plan when the Commission has recommended disapproval thereof, or to remove any conditions, requirements, or limitations imposed by the Commission in approving the Conceptual Development Plan. Any subsequent changes to the Conceptual Development Plan following the initial approval will also require the affirmative vote of at least two-thirds of all the membership of the Board of Aldermen to override the recommendation of the Planning Commission.

(6)

Submission of Final Site Development Plan: After passage of the ordinance authorizing the establishment of a Conceptual Development Plan by the Board of Aldermen, the applicant shall submit final site development plans to the Director of Community Development within the period of time, if any, specified in said ordinance. The plans shall include detailed information as required of a final site plan for adequate consideration of the Plans. The Director of Community Development will judge the Final Site Development Plan for its conformance with the approved Conceptual Development Plan, and if found to be in conformance with said plan the issuance of building permits shall be permitted. Following approval of the Final Site Development Plan, no construction may take place except in substantial conformance with such Plan. If the project is phased, then each phase would be considered on its own merit and be evaluated on the specific ordinance requirements establishing the district. The plans shall satisfy the subdivision regulations and other pertinent City ordinances where applicable.

(7)

Development According to Final Plan:

(a)

Site Development Plan Review: No building permit shall be issued on any site unless a site plan has been submitted and approved in accordance with the provisions of Section 31-23 and unless such site plan conforms with the conditions of the adopted Conceptual Development Plan.

(b)

Construction of Improvements or Posting of Bond: No buildings may be erected and no uses may occupy any portion of the district until the required related site improvements are constructed or appropriate security as determined by the Planning Commission is provided to insure construction. If the PD is to be developed in phases, all improvements necessary to the proper operation and functioning of each phase, even though same may be located outside of the section, must be constructed and installed, or appropriate security as determined by the Planning Commission must be provided to insure their construction.

(c)

Time Limitation: If substantial construction or development does not begin within the period of time specified in the ordinance authorizing the establishment of the district or in resolutions adopted pursuant thereto, the Board of Aldermen may, on its motion or on a recommendation of the Planning Commission, cause the approved Conceptual Development Plan to become null and void.

(d)

Extension of Time Limitation: The time limitation specified in the ordinance authorizing the establishment of the PD for submission of final site development plans and for completion of construction may be extended by the Board of Aldermen upon a showing of good cause.

(e)

Changes from Plan: After approval of a final site development plan, changes not inconsistent with the purpose or intent of this section may be approved by the Director of Community Development. Changes affecting the purpose or intent of this section shall require an application for a revised Conceptual Development Plan to be filed.

(E)

Lot and Bulk Regulations.

Lots, uses and structures shall conform to the lot and bulk standards specifically provided in the ordinance approving a particular Conceptual Development Plan.

(F)

District Standards.

(1)

Performance Standards: All uses established in a Planned District shall operate in accordance with the following performance standards. These standards are minimum requirements and may be made more restrictive in the specific ordinance authorizing the establishment of a particular Planned District.

(a)

Vibration: No activity or operation shall at any time cause earth vibration perceptible, without instruments, except that vibration caused by blasting conducted in accordance with the requirements of Article VIII, Chapter 11 (as amended) of the Grandview City Code may exceed these limitations.

(b)

Smoke, Particulate Matter and Gases: No activity or operation shall be established that fails to meet the air quality regulations of the Missouri Department of Natural Resources and the United States Environmental Protection Agency.

(c)

Odor: No activity or operation shall cause at any time the discharge of toxic or noxious odor beyond the lot line of the lot on which it is located.

(d)

Noise: No activity or operation shall be carried on that involves noise in violation of regulations as set forth in Chapter 15 (as amended) of Grandview City Code and shall not exceed a volume of sound inherently or recurrently generated of seventy (70) decibels at the zoning district boundary line.

(e)

Glare: Glare, whether direct or reflected, such as from spot lights or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the lot line of the lot on which the use is located.

(f)

Wastes:

Solid Wastes. All solid waste materials, debris, refuse or garbage shall be properly contained in a closed container designed for such purpose. No exterior incineration of trash or garbage is permissible.

Sewage and Liquid Wastes. All liquid wastes shall be discharged in full compliance with appropriate city ordinances and State and Federal laws.

(g)

Fire Hazard: No activity or operation shall be established that fails to meet the City's Fire Code.

(h)

Hazardous Materials: A new or expanding industry must present a list of hazardous materials, if any, intended to be used at the time of the plan approval process.

(2)

Additional Standards: The specific ordinance establishing a particular Conceptual Development Plan or resolutions adopted pursuant thereto may provide additional standards for the design, development, operation and maintenance of uses and structures. These additional standards may include, but are not limited to:

(a)

Control of operations outside of enclosed buildings.

(b)

Control of lighting and utilities.

(c)

Provision of landscaping and protection of natural areas.

(d)

Control of refuse collection areas.

(e)

Off-street parking and loading requirements. (If not included in the adopting ordinance establishing the specific PD, then Section 31-24 of this Ordinance shall apply.)

(f)

Control of signage. (If not included in the adopting ordinance establishing the specific PD, then Section 31-26 of this Ordinance shall apply.)

(g)

Perimeter screening. (If not including in the adopting ordinance establishing the specific PD, then Section 31-25 of this Ordinance shall apply.)

(h)

Maintenance provisions/homes association and/or by-laws.

(G)

Temporary Uses.

Uses shall be permitted as temporary uses in the PD in accordance with Section 31-5(E) of this Ordinance.