Rock Hill City Zoning Code
ARTICLE VIII
"PD" Planned Development Districts
Section 405.341 Intent and Purpose.
[Ord. No. 1376 §1, 5-5-1998; Ord. No. 1470 §1, 9-17-2002; Ord. No. 1518 §1, 11-18-2003]
A.
The purpose of the Planned Development District is to provide a means of achieving greater flexibility in the development of land in a manner not possible in conventional zones; to encourage a more imaginative and innovative design of projects; to promote a more desirable community environment; and to retain maximum control over both the structure and future operation of the development.
[Ord. No. 1786 §1, 9-3-2013; Ord. No. 2004, 2-16-2021]
B.
The Board of Aldermen, upon receiving recommendations of the Planning and Zoning Commission, may by ordinance authorize a Planned Development District when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the general regulations of standard zoning districts. These planned development regulations are not intended to allow excessive densities or the development of incompatible land uses, either within the development or as the development relates to the general neighborhood. These standards contained in the following provisions must be strictly adhered to by the applicant.
C.
The City may, upon proper application, approve a planned development for a site of at least two and one-half (2 ½) acres to facilitate the use of flexible techniques of land development and site design by providing relief from zone requirements designed for conventional developments in order to obtain one (1) or more of the following objectives:
[Ord. No. 1786 §1, 9-3-2013]
1.
Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.
2.
Diversification in the uses permitted and variation in the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.
3.
Functional and beneficial uses of open space areas.
4.
Preservation of natural features of a development site.
5.
Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.
6.
Rational and economic development in relation to public services.
7.
Efficient and effective traffic circulation, both within and adjacent to the development site.
8.
The utilization of land for purposes not otherwise permitted by the land's applicable zoning regulations, when the Board of Aldermen determines that the size, location, proposed use, or other existing circumstances of the land, and the limiting development conditions to be imposed, warrant a planned development classification.
Section 405.342 Relationship of Planned Development Districts To Zoning Map.
[Ord. No. 1376 §1, 5-5-1998; Ord. No. 1470 §1, 9-17-2002]
A.
A Mapped District. The "PD" designation is not intended to be attached to existing use districts as an overlay.
B.
Plan Approval Required. Although the "PD" designation may be applied to parcels of land as a mapped zoning district, it is the intent of the Chapter that no development or redevelopment of the property encompassed by the "PD" designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Article. Any pre-existing uses within the area encompassed by the "PD" designation shall have the status of non-conforming uses until such time as they are included in an approved development plan.
C.
Types Of Planned Developments. All areas of the City subject to the "PD" designation shall be assigned one (1) of the following subclassifications which shall be considered a separate use district and subject to the specific restrictions and limitations outlined in this Article and in the ordinance approving the planned development.
[Ord. No. 1786 §1, 9-3-2013; Ord. No. 2004, 2-16-2021]
1.
Planned Development — Residential (PD-R): planned developments involving residential uses only.
2.
Mixed Use Developments (PD-MxD): planned developments involving a mixture of residential and non-residential uses.
3.
Planned Development — Commercial (PD-C): planned developments involving commercial uses.
4.
Planned Development — Industrial (PD-I): planned developments involving industrial uses.
Section 405.343 Procedures For Planned Development Approval.
[Ord. No. 1376 §1, 5-5-1998; Ord. No. 1470 §1, 9-17-2002]
A.
Pre-Application Procedure. Prior to filing an application for planned development approval, the prospective applicant shall request a pre-application conference with the City's planning staff. Such request shall include a brief and general narrative description of the nature, location and extent of the proposed planned development and a list of any professional consultants advising the prospective applicant with respect to the proposed planned development. Upon receipt of such request, the City planning staff shall promptly schedule a conference.
B.
Preliminary Development Plan. A preliminary development plan shall be submitted to the Planning and Zoning Commission with the application for a planned development. A final development plan, including the requirements of a preliminary plan, may be submitted as a single application when the development will be constructed as a single phase. The preliminary plan shall contain the following information:
1.
Site and landscape plan. One (1) of a series of maps shall be submitted (minimum scale one (1) inch equals fifty (50) feet) indicating:
a.
An outboundary plat;
b.
The location, size and height of all existing and proposed structures on the site;
c.
The location and general design (width and materials) of all driveways, curb cuts and sidewalks, including connections to building entrances, as well as the location and nature of construction of all curbs and guttering;
d.
The location, area and number of proposed parking spaces;
e.
Existing and proposed grades at an interval of five (5) feet or less, extended beyond the project site to include adjacent properties and structures;
f.
The location and general type of all existing trees over six (6) inch caliper and, in addition, an indication of those to be retained;
g.
The proposed general use and development of internal spaces, including all recreational and open space areas, plazas and major landscaped areas by function, and the general location and description of all proposed outdoor furniture (seating, lighting, telephones, etc.);
h.
The location and approximate size of all proposed plant material by type, such as hardwood/deciduous trees, evergreen trees, flowering trees and shrub masses, and types of ground cover (grass, ivies, etc.). Planting in parking areas should be included;
i.
The location of all retaining walls, fences (including privacy fences, etc.) and earth berms;
j.
The definition and location of all refuse collection facilities including screening to be provided;
k.
Provisions for both on- and off-site stormwater drainage and detention related to the proposed development.
The scale of the drawing or drawings indicating the above shall be reasonably related to the site size and the complexity of the proposed development, and the scale shall in no event be smaller than one (1) inch equals fifty (50) feet. All drawings shall likewise indicate a project name, the names of adjoining streets, the applicant's name, a scale, a north arrow and the date drawn. | |
The applicant may be required to provide, at applicant's expense, additional clarification and/or further detail of the preliminary plan as deemed necessary by the Planning and Zoning Commission. |
2.
Site and building sections. Schematic or illustrative sections shall be drawn to a scale of one (1) inch equals eight (8) feet or larger, indicating both edge conditions and internal grade changes in relation to principal variations of internal building levels and sight line relations to adjacent residences.
3.
Architectural elevations. Architectural elevations of proposed buildings shall be provided at a reasonable scale.
4.
Project data.
a.
Site area (square feet and acres).
b.
Allocation of site area by building coverage, parking, loading and driveways and open space areas including total open space, recreation area, landscaped areas and others.
c.
Total dwelling units and floor area distributed by general type (one (1) bedroom, two (2) bedroom, etc.).
d.
Floor area in non-residential use by category.
e.
Residential density distribution for the entire project.
f.
Calculations of parking spaces and area in relation to dwelling units and commercial floor area.
5.
Project report. A brief project report shall be provided to include an explanation of the character of the proposed development, verification of the applicant's ownership and contractual interest in the subject site, and anticipated development schedule. At the discretion of the Planning and Zoning Commission and/or Board of Aldermen, analyses by qualified independent technical personnel or consultants chosen by the City may be required as to the market and financial feasibility, traffic impact, environmental impact, stormwater and erosion control, etc., of the proposed development, which analyses shall be paid for by applicant.
6.
Phased development. If the planned development is proposed to be constructed in stages or units during a period extending beyond a single construction season, a development schedule indicating:
a.
The approximate date when construction of the project can be expected to begin;
b.
The order in which the phases of the project will be built; and
c.
The minimum area and the approximate location of common open space and public improvements that will be required at each stage.
If any stage or unit as proposed contains a share of open space or other public or private recreation or service facility less than that which its size, number of units or density would otherwise require, a statement shall be submitted setting forth what bond, credit, escrow or other assurance the applicant proposes in order to insure that the difference between that which would otherwise be required and that which the applicant proposes to provide in the instant stage or unit is ultimately provided. |
C.
Review Procedure — Preliminary Development Plan.
1.
An application together with a complete preliminary development plan shall be considered at the first (1st) regularly scheduled Planning and Zoning Commission meeting but not sooner than twenty-one (21) days from the filing of the completed application. Notices of the Planning and Zoning Commission meeting shall be sent to owners of record of all properties within three hundred (300) feet of the parcel included in the application.
2.
Staff review. The City Administrator shall coordinate a review of the application by appropriate affected City departments and by the City's Economic Development Commission to determine its compliance with all applicable ordinances and regulations. A written report documenting the review and staff recommendations shall be prepared by the City Administrator or his/her designee and submitted to the Planning and Zoning Commission at the meeting at which it first considers the application.
3.
After consideration of the application and staff report, the Planning and Zoning Commission shall make a report to the Board of Aldermen regarding the impact of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the general public health, safety and welfare of the City of Rock Hill. The findings and recommendation of the Commission shall be transmitted to the Board of Aldermen. If the Commission's recommendation is for approval, its report shall contain the conditions or restrictions recommended by the Commission with respect to the preliminary development plan.
4.
The Board of Aldermen shall hold a public hearing thereon upon at least fifteen (15) days' public notice as is required for a Zoning Map amendment. If the preliminary development plan is approved by the Board of Aldermen, it shall adopt an ordinance approving said preliminary development plan with conditions as specified therein which shall become effective on approval by the Planning and Zoning Commission of the final development plan.
[Ord. No. 1786 §1, 9-3-2013]
5.
Final plan. Within nine (9) months following passage of the ordinance approving the preliminary development plan, but at least twenty-one (21) days before the next regularly scheduled meeting of the Planning and Zoning Commission, the petitioner shall submit a final development plan to the Planning and Zoning Commission for its review and consideration to determine if said final development plan is in conformance with the approved preliminary development plan and with the imposed conditions of approval. The final development plan shall reflect the entire planned development if it is to be completed in one (1) phase, or a phase of the planned development if it consists of more than one (1) phase. The final development plan, in addition to the matters shown on the preliminary development plan, shall include the following:
a.
The existing and proposed contours at two (2) foot intervals;
b.
The landscape plan with the specific location of all plant material specifying size, species and location (both as to the buffer area around the perimeter as well as that in the parking lot);
c.
Nature of use, as single-family, condominium or multi-family, and/or commercial or manufacturing uses;
d.
All structures, present and future, specifying location, size, elevation and design, none of which may deviate substantially from the approved preliminary development plan;
e.
Sidewalks;
f.
Parking spaces, including underground parking and moving traffic lanes;
g.
Method of disposal of trash and garbage;
h.
Ingress and egress facilities;
i.
Parking facilities for visitors;
j.
Plan for the provision of water and sanitary and stormwater drainage facilities;
k.
All easements and dedications;
l.
Any signs, location and size;
m.
Details of lighting of parking lots and outside of buildings including location, type and intensity; and
n.
All other information which the Planning and Zoning Commission or the Board of Aldermen may designate.
D.
Review Procedure — Final Development Plan.
1.
An application together with a complete preliminary development plan shall be considered at the first (1st) regularly scheduled Planning and Zoning Commission meeting but not sooner than twenty-one (21) days from the filing of the completed application.
2.
Staff review. During the time between the filing of a complete final development plan with the City Administrator and the next regularly scheduled Planning and Zoning Commission meeting, the City Administrator or his/her representative shall review the final development plan for compliance and report to the Commission the findings of his/her review. The Board of Aldermen shall establish the dollar amount of any bond required by the City to assure completion of the improvements.
3.
After consideration of the application and staff report, the Planning and Zoning Commission shall approve, approve with conditions, or deny the final development plan. The final development plan shall conform to the preliminary development plan. If the final development plan does not conform to the preliminary development plan, or if the conditions of the preliminary development plan approval are not adequately met, the final development plan shall not be approved.
4.
Upon approval of the final development plan by the Planning and Zoning Commission, the final development plan shall be transmitted to the Board of Aldermen for their information.
5.
Following approval of the final development plan by the Planning and Zoning Commission, it shall be recorded, at the applicant's expense, with the St. Louis County Recorder of Deeds, and a reproducible mylar of such recorded plan furnished to the City Administrator. Any bonds required to insure completion of required improvements or open space shall be completed and in place prior to recording of the final development plan.
E.
Amendments Or Changes To An Approved Development Plan. Should an applicant with ownership or contractual interest in any property within an area subject to an approved preliminary and/or final development plan find that any amendments or changes are necessary to the previously approved development plan, an application shall be submitted, at least twenty-one (21) days before the next regularly scheduled Planning and City Commission meeting, for administrative and planning and zoning review to the Zoning Administrator who shall institute an administrative review by all affected City departments of the proposed amendments or changes. Notification of the proposed changes to the plan shall be sent to all property owners of record within three hundred (300) feet of the parcel included in the application. This notification shall also include all property owners of record within the area subject to the approved development plan. The results of this review shall be compiled by the City Administrator and shall be reported by him/her to the Planning and Zoning Commission for their consideration. Upon receiving the application for proposed amendments or changes to the development plan and associated documents from the City Administrator, the Commission shall complete its review of the application either denying, approving or approving with conditions. The application, supplemental documents and the Commission's action and reasoning shall be forwarded to the Board of Aldermen as an informational item where it shall be their option either to require a further review and approval of the proposed amendments or changes to the development plan at the Board of Aldermen level or concur with the Commission by taking no further action. Appeal, protest or Board of Aldermen review shall follow the same procedures as for conditional use permits as set out in the Zoning Code. Effective date and denial shall also be the same as set out in the Zoning Code.
Section 405.344 Permitted Uses.
[Ord. No. 1376 §1, 5-5-1998; Ord. No. 1470 §1, 9-17-2002; Ord. No. 1786 §1, 9-3-2013; Ord. No. 2004, 2-16-2021]
The listing of permitted uses within each "PD" subclassification shall be as follows:
Subclassification | Requirement |
|---|---|
Planned development — Residential | Those uses set out in "A" and "B" Residence Districts |
Planned development — Mixed use | Those uses set out in the "A" and "B" Residence Districts and the "C" Commercial, "C-1" Commercial and "C-2" Commercial Districts |
Planned development — Commercial | Those uses set out in the "C" Commercial, "C-1" Commercial and "C-2" Commercial Districts and any other uses approved by the Board of Aldermen |
Planned development — Industrial | Those uses set out in the "D" Business and "E" Industrial Districts and any other uses approved by the Board of Aldermen |
Section 405.345 Area Regulations and Performance Standards.
[Ord. No. 1376 §1, 5-5-1998; Ord. No. 1470 §1, 9-17-2002]
A.
The area regulations and performance standards applicable to the individual uses within each planned development by designated subclassification shall be as follows:
[Ord. No. 2004, 2-16-2021]
Subclassification | Requirement |
|---|---|
Planned development — Residential | Same as those in "A" or "B" Residence Districts |
Planned development — Mixed use | Those set out in the above-referenced Sections as applicable to the individual uses contemplated by the plan |
Planned development — Commercial | Same as those in the "C" Commercial, "C-1" Commercial, and "C-2" Commercial Districts |
Planned development — Industrial | Same as those in the "D" Business and "E" Industrial Districts |
B.
Modifications. The approval of the preliminary development plan may provide for such exceptions from the above-referenced regulations as may be necessary or desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this Article and have been specifically requested in the application for a planned development, and further, that no modification of the above-referenced regulations would be allowed when such proposed modification would result in:
1.
Inadequate or unsafe access to the planned development.
2.
Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity.
3.
An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development.
4.
A development which will be incompatible with the purposes of this Article.
5.
Detrimental impact on the surrounding area but not limited to visual pollution.
The burden of proof that the criteria above are not being violated shall rest with the developer and not the staff or the Planning and Zoning Commission. |
C.
Overall Development Site Size. In addition to the requirements as outlined above for individual uses within a Planned Development District, the minimum overall site size required for such planned development as a whole shall be two and one-half (2½) acres. Provided however, that this minimum site size may be waived by the Board of Aldermen upon receiving the recommendations of the Planning and Zoning Commission if the parcel in question has certain unique characteristics such as, but not limited to, significant topographic change, significant trees or wooded areas, wet lands, floodplain areas, soil conditions, utility easements or unusual shape or proportions; or if it is determined that the use proposed is desirable or necessary in relationship to the surround neighborhood.
Section 405.346 Period of Validity.
[Ord. No. 1376 §1, 5-5-1998; Ord. No. 1470 §1, 9-17-2002]
A.
The period of validity of approval of a final development plan is as follows:
1.
No approval of a final development plan shall be valid for a period longer than twelve (12) months from the date of approval unless within such period a building permit is obtained and construction is commenced.
2.
The Board of Aldermen may grant extensions not exceeding six (6) months each upon written request of the original applicant if the application submitted is substantially the same as the initially-approved application. However, the Board of Aldermen has the power in such cases to attach new conditions to approval. At such time as the period of validity of an approved final development plan lapses, the final development plan and all uses, terms and conditions thereof shall be considered null and void. No further development of the site shall be permitted except by application in accordance with the procedural requirements of this Section, whereby it shall be considered an entirely new application.
3.
Should a request for extension of an approved final development plan contain substantial changes, as determined by the Board, the Board shall require the applicant to refile his/her application subject to the requirements of this Section as if it were an entirely new application.