Lake Ozark City Zoning Code
ARTICLE XIII
Senior Villas
Section 405.865 Senior Villas.
[R.O. 1994 § 405.865; Ord. No. 2008-37, 11-25-2008; Ord. No. 2009-08, 2-24-2009]
A.
Purposes.
1.
This type of building project is specially created to serve a demonstrated need in the City of Lake Ozark for rentable residences for people over the age of sixty-two (62) years of age.
2.
The limitations placed upon this type of building project are intended to ensure a proper balance between the need for this type of building project with the needs of people over the age of sixty-two (62) years of age.
B.
Fees. The application fee for any application for approval for the construction of senior villas shall be as set forth in Section 405.920 of this Chapter.
C.
Applicability. The provisions of this Article shall apply to projects contemplated within the City of Lake Ozark for the construction of rentable residences for people over the age of sixty-two (62) years of age.
E.
Application Process. A planned unit development shall be reviewed according to the following procedures and criteria.
1.
Sketch Plan. Applicants for a senior villa development shall submit a sketch plan including the following:
a.
All information required by the City subdivision regulations for preliminary approval;
b.
All the various existing and proposed land uses, depicting their relationship to each other and to surrounding uses;
c.
The approximate number of acres to be developed;
d.
The density being requested for the use proposed;
e.
The intensity (floor area ratio) for the use proposed;
f.
The legal description for the entire area of the plan;
g.
If the project will be phased, a phasing plan establishing what order the plan will be built, demonstrating how each individual phase meets the requirements of this Section and specifying how all streets and utilities will be constructed in conjunction with the proposed phases;
h.
Names and addresses of property owners within one hundred eighty-five (185) feet of all boundaries of the property;
i.
A written narrative report for the plan explaining how the elements of the plan function together, justifying all modifications of zoning district standards according to these regulations and establishing the proposed architectural character of dwellings, structures or uses on each portion of the property.
2.
Market Study. Applicants for a senior villa development shall submit a market study demonstrating the need of additional residential units for persons over the age of sixty-two (62) years of age, including:
a.
A demographic study estimating the number of persons over the age of sixty-two (62) years of age within Miller and Camden Counties, Missouri;
b.
A socioeconomic study estimating the number of person over the age of sixty-two (62) years of age within Miller and Camden Counties, Missouri, in need of affordable housing;
c.
A study of other projects created under this Article within Lake Ozark and other similar projects within Miller and Camden County, Missouri.
3.
Application Process. The sketch plan for the senior villas development shall be processed according to the procedures established for a rezoning request.
4.
Review Criteria. In addition to the review criteria established for a rezoning request, the Planning and Zoning Commission and City Board shall consider the following additional criteria when reviewing a planned unit development:
a.
The senior villa project is consistent with the purposes and standards established in this Section 405.865;
b.
No land use in the senior villa project and no modification requested as part of a senior villa project is detrimental to any surrounding land use or any proposed land use within the project area;
c.
Any request for approval of a senior villa project results in ongoing community benefits;
d.
The purpose, location and amount of common open space in the senior villa project relative to the proposed density and type of residential development and the reliability of proposals for maintenance and conservation of common open space;
e.
The physical design of the plan and the extent that adequate provision for public facilities, services and traffic control; and
f.
In the case of a multi-phased plan, the sufficiency of the terms and conditions intended to protect the interests of the public, residents and owners of the senior villa project and the integrity of the plan.
5.
Approved Action. If the Board of Aldermen approves an application, it shall adopt an ordinance approving a special use permit for the senior villa project, which is subject to the terms of an approved final plan. No special use permit shall be issued concerning the subject property until the ordinance becomes effective and a final plan has been adopted.
6.
Duration Of Approval. Sketch plan approval shall be valid for one (1) year unless otherwise established at the time of approval. One (1) extension of time for a maximum of one (1) year may be granted by the Board of Aldermen.
7.
Revocation Of Approval.
a.
Sketch plan approval shall be revoked automatically at the time of expiration through no action by the City.
b.
Approval of a sketch plan or final special use permit may be revoked by the Board of Aldermen in the event of any of the following:
(1)
The use of the real property for any purpose other than senior villas; or
(2)
Permitting persons under the age of sixty-two (62) years of age to reside in any senior villa; or
(3)
The abandonment of the senior villa project; or
(4)
The transfer of the real property to another party, except that a party purchasing a senior villa project shall be permitted to apply to the City of Lake Ozark for a new special use permit for the continued use of the real property as a senior villa project.
8.
Final Plan.
a.
Application. A final plan shall be adopted prior to expiration of a sketch plan and prior to any construction or permits being issued for the planned unit development. A final plan shall include:
(1)
All information required by the City Subdivision Regulations for final subdivision approval;
(2)
All information in the proposed sketch plan;
(3)
Final plans for all road grading, surfacing, signing and lighting and curbs and gutters;
(4)
Final location of all sidewalks, pedestrian walks, trails and associated structures;
(5)
A final engineering plan for all sanitary sewers, water lines, fire hydrants and drainage structures and improvements;
(6)
Location and design of all open space improvements, facilities and landscaping;
(7)
Final location and size of all structures and parking areas;
(8)
Building elevations for all commercial and multi-family residential structures; and
(9)
A final written narrative of the plan establishing all architectural controls, covenants and restrictions on the future use of land within the plan. If a homeowners' association or similar organization is proposed by the applicant for the purposes of maintaining and administering the development's lands, streets and/or facilities, the applicant shall provide restrictive covenants. These documents shall be recorded at or prior to the recording of the final map.
9.
Submission And Determination Of Complete Application. Final plans shall be submitted to the Zoning Administrator for a determination of completeness. The Zoning Administrator shall make this determination within ten (10) business days of submission.
a.
Applications will be considered complete when all items required for submissions by these regulations and the appropriate fee have been submitted to the Zoning Administrator.
b.
Incomplete applications shall be returned to the applicant with a written explanation of deficiencies. The City shall take no further action on incomplete applications.
c.
Complete applications shall be processed in accordance with this Section. The Zoning Administrator shall notify the applicant that the application was determined to be complete.
d.
If the Zoning Administrator fails to act within ten (10) business days, the application shall be deemed complete and the applicant shall request the Zoning Administrator to issue a notice of completeness.
e.
Modification of the application by the applicant without specific instruction to do so from the Zoning Administrator, the Planning and Zoning Commission or Board of Aldermen following a determination of completeness shall void the determination and trigger a new ten-day review period.
f.
A determination of completeness shall not constitute a determination of compliance with the substantive requirements of these regulations.
10.
Processing Of Application And Scheduled Review. Following the determination that a final plan is complete or is deemed complete, the Zoning Administrator shall prepare a report and forward the plan for review to the Planning and Zoning Commission. Upon receipt of the application and report, the Planning and Zoning Commission shall schedule review of the plan at its next regular meeting or at such other time as the applicant and Zoning Administrator agree.
11.
Planning And Zoning Commission Review And Criteria. The Planning and Zoning Commission shall review the final plan at a public meeting and consider whether the final plan is in substantial compliance with the sketch plan based on the following criteria:
a.
The final plan does not vary the proposed gross residential density by more than five percent (5%) and in no case may it be increased more than the maximum modification allowed by Article IV;
b.
The final plan does not increase the floor area or intensity proposed for non-residential use by more than five percent (5%) and in no case may it be increased more than the maximum modification allowed by Article IV;
c.
The final plan does not vary the proposed ratio of residential to non-residential use or the ratio of any different types of residential uses by more than five percent (5%);
d.
The final plan does not involve a reduction of the area set aside for common open space or the substantial relocation of such area;
e.
The final plan does not substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings;
f.
Any staff recommendations.
12.
Public Hearing. A public hearing shall be convened in accordance with the Municipal Code for the approval for special use permits.
13.
Planning And Zoning Commission Decision. Upon presentation of the senior villa project and a public hearing before the Planning and Zoning Commission, the Commission may approve, deny or conditionally approve the application or take such other action as it deems appropriate.
a.
Approved Action. If the Planning and Zoning Commission approves an application, it shall adopt a resolution reflecting such action as its recommendation to the Board of Aldermen.
b.
Duration Of Approval. Final plan approval shall be valid for two (2) years unless otherwise established at the time of approval. One (1) extension of time for a maximum of two (2) years may be granted by the Planning and Zoning Commission.
c.
Revocation. If no action has been taken in furtherance of development, the final plan approval shall be revoked automatically at the time of expiration through no action by the City or for any violation of the conditions for approval of a senior villa project contained herein.
F.
Amendments And Revisions.
1.
The Zoning Administrator may approve minor revisions to a final plan approved as part of a senior villa project. Minor revisions must be authorized in writing by the Zoning Administrator and limited to those that are necessary in light of technical considerations due to natural features on the property discovered by the applicant or Zoning Administrator after the decision on the final plan. Minor revisions may include those that:
a.
Will not have the affect of changing the residential floor area ratio or residential density from that of the approved final plan;
b.
Will not result in any parking area, vehicle circulation, pedestrian connections being moved significantly in any direction;
c.
Will not have the affect of changing any dimensional standard such as setbacks, building height, lot area by more than five percent (5%) from that of the approved final;
d.
Will not increase or create any new adverse impacts or undesirable effects on the surrounding neighborhood or any property within the plan.
2.
Planning And Zoning Commission Revisions. If a revision exceeds requirements of a minor revision, but would still comply with the requirements specified in the ordinance authorizing a senior villa project, the Planning and Zoning Commission may approve an amendment to the final plan in the same manner as the original authorization and by resolution.
3.
If the applicant requests a revision that the Zoning Administrator determines is not a minor revision nor a Planning and Zoning Commission revision, approval of the revision is required in accordance with the procedures established for the original approval and shall be considered an amendment to the ordinance and resolution approving the final plan.