Sec. 656.341. - Procedures.

(a) Pre-application conference. Prior to the preparation of an application for rezoning to the Planned Unit Development district, each applicant should meet with the Planning and Development Department and other affected and/or interested City departments, where applicable, regional and State agencies, representatives of adjacent municipalities and counties, as deemed necessary by the Department, in connection with the preparation of an Application for Rezoning to the Planned Unit Development district. For properties located within the Downtown Overlay Zone, as defined in Section 656.361.2 , a pre-application conference with the staff of the Downtown Investment Authority is mandatory prior to the preparation of an application for rezoning to the Planned Unit Development district. The general outlines of the proposal, evidenced schematically by site plan(s) and a written description of the intended plan of development, sufficient for the understanding of the proposed development, should be provided by the applicant for consideration at such meeting(s), before the filing of such an application for rezoning. The purpose of the pre-application conference shall be to assist in bringing the overall application as consistent as possible into conformity with these and other regulations, to define specifically those variations from the usual application of the provisions of the Zoning Code, and to furnish the applicant with recommendations that would inform and assist with the preparation of the components of an application for rezoning to the Planned Unit Development district. (b) Authorization to file an application for rezoning to planned unit development district. All applications for rezoning to the Planned Unit Development district, including applications for minor modifications thereto, shall be submitted to the Planning and Development Department prior to filing. The Department shall verify that the application is complete and sufficient for review, including any specific requirements from the pre-application conference, prior to filing. (c) Required exhibits for an application for rezoning to planned unit development. (1) An application for rezoning to the Planned Unit Development district shall proceed in general as other applications for rezoning and in addition to the information usually required for such applications, a commitment by all owners within the boundaries of the proposed Planned Unit Development which requires the following: (i) To proceed with the development in accordance with the site plan(s), written description of the intended plan of development and any condition(s) set forth by the Council in the ordinance which approves the Planned Unit Development district; and (ii) To bind their successors in title to proceed with the development according to subsection (c)(1)(i) of this Section. (2) An application for rezoning to the Planned Unit Development district shall in addition to the aforementioned, be accompanied by the following, in sufficient copies as deemed necessary by the Planning and Development Department for referrals and recommendations: (i) Site plan(s), map(s), and drawing(s), or other graphic documents of the proposed Planned Unit Development depicted at an appropriate scale as determined by the Department, shall indicate the following, unless, for good cause described in writing and filed in the PUD application file, it is determined by the Department that such exhibits are not necessary for review of the same: (A) The existing site characteristics including any significant variations of elevations, water course(s), unique natural features, and natural vegetation. (B) The location of all land uses by acreage, density including the number of dwelling units, intensity, and/or nonresidential floor area of such uses. A legend including the following applicable information shall be provided as part of the site plan(s) in accordance with the following format: Total gross acreage _____ Acres 100% Amount of each different land use by acreage _____ Acres ___% Total number and type of dwelling units by each type of same _____ d.u. ___% Total amount of active recreation and/or open space _____ Acres ___% Total amount of passive open space _____ Acres ___% Amount of public and private rights-of-way _____ Acres ___% Maximum coverage of buildings and structures at ground level _____ Sq. Ft. ___% Impervious surface ratios as required by Section 654.129 ___%   (C) The existing and proposed vehicular circulation system, pedestrian circulation system and points of ingress and egress to the development, including rights-of-way and paving widths. In addition, all existing and proposed rights-of-way, driveways and median openings (if any) within 660 feet of the proposed development. (D) Site plan(s), map(s), drawing(s), traffic studies and/or other studies and reports, as may be by the Department. All of the aforereferenced required exhibits may be required by the Department in order to make the findings, determinations and recommendations. Additional information as needed may be required by the Department during the review. (E) A small scale Planned Unit Development, in addition to the aforementioned required exhibits, as determined by the Department, may be detailed to the point of the site plan(s) providing the building layout, elevations and/or other details related to site design for the proposed development consistent with the written description of the intended plan of development. (ii) A written description of the intended plan of development shall be submitted to the Department clearly describing all of the following: (A) Permitted uses and structures, permitted accessory uses and structures, permissible uses by exception, minimum lot requirements (width/area), maximum lot coverage by all buildings and structures, impervious surface ratios as required by Section 654.129 , minimum and/or maximum yard requirements, maximum height of structures and any limitations on permitted and/or permissible uses by exceptions. (B) A description of specifically how the proposed Planned Unit Development differs from the usual application of the provisions of the Zoning Code, including but not limited to any departures from the requirements of the following Parts: Supplementary Regulations; Off-Street Parking Regulations; Nonconforming Lots, Uses and Structures; Alcoholic Beverages; Excavations, Lakes and Borrow Pits; Regulations related to Airports and Lands Adjacent Thereto; Adult Entertainment and Service Facilities; Landscape and Tree Protection Regulations, and Sign Regulations. Any deviation or waiver of Zoning Code requirements proposed in an application, including any applicable zoning overlay, and any subdivision regulations, design standards or other requirements shall be identified in a separate enumerated section of the written description with an explanation given as to why each deviation or waiver is necessary. Failure of the applicant to disclose any deviations or waivers requested in this manner shall mean that the normal applicable Zoning Code provisions, zoning overlay, subdivision regulations, design standards or other requirements shall apply. (C) The name of the project and the names of the professional project planners(s), architect(s), engineer(s), developer(s) and quantitative data as follows: size in acres of the total development; total number of dwelling units and/or nonresidential floor area or both; total amount of recreation and/or open space; amount of public and/or private rights-of-way, and the proposed land coverage of all buildings and structures. (D) A schedule indicating the approximate date(s) when construction of the phases within the proposed Planned Unit Development are to be initiated and completed. (E) A written statement of the intent for the continued operation and maintenance of those areas and functions described herein and facilities which are not to be provided, operated, or maintained by the City. This information shall include a statement made by the developer or land owner identifying what legal entity shall be obligated to maintain common areas, landscaping, parking or other shared areas of the Planned Unit Development. The establishment of the legal entity shall be made prior to the completion of any phase of development, certificate of occupancy, and prior to any modification requested of the Planned Unit Development. Evidence of the establishment of the legal entity shall be submitted along with initial permit requests to the Building Inspection Division. (F) A written statement, accompanied by a drawing if needed, to indicate how the Planned Unit Development conforms to any zoning overlay within which it may be located, and any departures, if allowed by the overlay. All required and supplementary data, exhibits, information, site plan(s), etc. submitted as part of an application for rezoning to Planned Unit Development district, including any additional data, exhibits, information, site plan(s), etc. and amendments thereto, shall be clearly identified by title, name, date, exhibit and/or other notation acceptable to the Planning and Development Department. (d) Criteria for review. In evaluation and consideration of an application for rezoning to the Planned Unit Development district, the Planning and Development Department, Planning Commission (or, in the case of properties located within the Downtown Overlay Zone, as defined in Section 656.361.2 , the Downtown Development Review Board) and the City Council including the appropriate committee thereof shall evaluate and consider the following criteria in addition to the criteria set forth in Section 656.125 , Ordinance Code: (1) Consistency with the Comprehensive Plan. No Planned Unit Development may be approved unless it is consistent with the Comprehensive Plan. (2) Consistency with the Concurrency Management System. The established levels of service standards adopted in the Comprehensive Plan. (3) Allocation of residential land use. That any residential land use in an application for rezoning to the Planned Unit Development district shall not exceed the projected holding capacity reflected in the background data and analysis contained within the Future Land Use Element of the Comprehensive Plan. (4) Internal compatibility. All land uses proposed within a proposed Planned Unit Development should be compatible with other proposed uses and not have any undue adverse impact on any neighboring use. An evaluation of the internal compatibility of a proposed Planned Unit Development shall be based on the following factors: (i) The streetscape; (ii) The existence or absence of, and the location of, open spaces, plazas, recreational areas and common areas; (iii) The use of existing and proposed landscaping; (iv) The treatment of pedestrian ways; (v) Focal points and vistas; (vi) The use of the topography, physical environment and other natural features; (vii) Traffic and pedestrian circulation pattern; (viii) The use and variety of building setback lines, separations and buffering; (ix) The use and variety of building groupings; (x) The use and variety of building sizes and architectural styles; (xi) The use and variety of materials; (xii) The separation and buffering of vehicular use areas and Sections of vehicular use areas; (xiii) The variety and design of dwelling types; (xiv) The particular land uses proposed and the conditions and limitations thereon; (xv) The form of ownership proposed for various uses; (xvi) Compatible relationship between land uses in a mixed use project; and (xvii) Any other factor deemed relevant to privacy, safety, preservation, protection or welfare of any use within the proposed Planned Unit Development. (5) External compatibility. All land uses within a proposed Planned Unit Development should be compatible with existing and planned uses of properties surrounding the proposed Planned Unit Development and not have any avoidable or undue adverse impact on existing or planned surrounding uses. An evaluation of the external compatibility of a proposed Planned Unit Development shall be based on the following factors: (i) Those areas of the proposed Planned Unit Development located on or near its perimeter and the conditions and limitations thereon; (ii) The type, number and location of surrounding external uses; (iii) The Comprehensive Plan and existing zoning on surrounding lands; and (iv) Any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of lands surrounding the proposed Planned Unit Development which includes any existing or planned use of such lands. (6) Intensity of development. The residential density and intensity of use of a proposed Planned Unit Development should be compatible with and have no undue adverse impact upon the physical and environmental characteristics of the site and surrounding lands. The permitted residential density and intensity of use in a proposed Planned Unit Development may be adjusted in consideration of the following factors: (i) The locations of various proposed uses within the proposed Planned Unit Development and the degree of compatibility of such uses with each other and with surrounding uses; (ii) The amount and type of protection provided for the safety, habitability and privacy of land uses both internal and external to the proposed Planned Unit Development; (iii) The existing residential density and intensity of use of surrounding lands; (iv) The availability and location of utility services and public facilities and services; (v) The amount and size of open spaces, plazas, common areas and recreation areas; (vi) The use of energy-saving techniques and devices, including sun and wind orientation; (vii) The existence and treatment of any environmental hazards to the proposed Planned Unit Development property or surrounding lands; (viii) The access to and suitability of transportation arteries within the proposed Planned Unit Development and existing external transportation systems and arteries; and (ix) Any other factor deemed relevant to the limitation of the intensity of development for the benefit of the public health, welfare and safety. (7) Usable open spaces, plazas, recreation areas. Usable open spaces, plazas and recreation areas provided within a proposed Planned Unit Development shall be evaluated based on conformance with the policies of the Comprehensive Plan and the sufficiency of such areas to provide appropriate recreational opportunities, protect sensitive environmental areas, conserve areas of unique beauty or historical significance, provide structure to neighborhood design, and encourage compatible and cooperative relationships between adjoining land uses. (8) Impact on wetlands. Development within a proposed Planned Unit Development shall be consistent with the limitations specified within the wetland categories as defined in the Comprehensive Plan; i.e., Saltwater Marshes, Riverine/Estuarine Wetlands, and All Other Wetlands. (9) Listed species regulations. Development within a proposed Planned Unit Development may be subject to a listed species survey as required by the Comprehensive Plan. (10) Off-Street parking including loading and unloading areas. Sufficient off-street parking, including loading and unloading areas for vehicles, including bicycles shall be provided. (11) Sidewalks, trails, and bikeways. The design of a proposed Planned Unit Development should incorporate appropriate pedestrian and bicycle accessways so as to provide for a variety of movement opportunities. (e) Enactment of the ordinance for a planned unit development. Following the public hearings, as required for all applications for rezoning, the City Council may enact an ordinance, which clearly identifies and/or lists all data, exhibits, information, site plan(s), etc. being approved as part of the Planned Unit Development district, establishing a Planned Unit Development district including any conditions related thereto, based upon findings that the Planned Unit Development district will accomplish the objectives and meet the standards of the district and is consistent with the Comprehensive Plan. Any monetary contributions shall be conditions listed in the ordinance and the conditions shall contain a minimum dollar amount for such contribution, the timing of the payment, the Department responsible for accepting the payment, and the Department who will be assigned the payment, including the appropriate revenue account number for the payment. Any nonmonetary contributions, including but not limited to recreation facilities, shall be conditions listed in the ordinance and the conditions shall contain a minimum value of such nonmonetary contribution. Development within a Planned Unit Development district shall proceed substantially in accordance with the site plan(s), written description of the intended plan of development and any conditions set forth by the City Council in the ordinance which approves the Planned Unit Development district. (f) No Planned Unit Development shall be approved to allow a deviation from any use, design element or any other requirement placed on a property by an applicable zoning overlay. A waiver of this prohibition shall require an affirmative vote of a majority of the full City Council plus one additional member. A waiver of this Section shall also require an affirmative vote of a majority of the full City Council plus one additional member of the City Council. (g) Modifications to a Planned Unit Development district. An amendment to an approved Planned Unit Development district may be accomplished through either an Administrative Modification, Minor Modification, or by filing an application for rezoning, meeting criteria as herein described. (1) Administrative modifications. In order to facilitate deviations to an approved Planned Unit Development district, the Director of Planning and Development may authorize administrative modifications which comply with the following criteria: (i) There is no change in the approved land use(s) including the amount, configuration and location thereof, no increase in the number of dwelling units or amount of nonresidential floor area, or any associated characteristics of any use. (ii) Driveways and/or streets are located in the same general location, are the same or fewer number originally approved, perform the same general function and maintain the same public and/or private rights therein. (iii) There is no change of any specific dimension or setback depicted on the site plan(s) or in the written description of the intended plan of development. (iv) There is no change to any condition(s) set forth by the City Council in the ordinance which approved the Planned Unit Development district. The Director is authorized to promulgate the rules and procedures necessary to implement an Administrative Modification. Additionally, the Director shall transmit a copy of any request for Administrative Modification to any District Council Member within five days of receipt, for the District Council Member's review and comment. The District Council Member may provide written comments to the Planning and Development Department regarding the applicability of the Administrative Modification criteria contained herein within the time frame established for the Department's review of the request for Administrative Modification. For purposes of this subsection, for administrative modifications for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2 , all references to "Director of Planning and Development" or "Planning and Development Department" shall mean the Downtown Development Review Board. (2) Minor modifications. In order to facilitate minor modifications to an approved Planned Unit Development district, the Planning Commission may authorize minor modifications which comply with the following criteria: (i) That there is no change in the approved permitted use(s), including the amount and general location thereof and no movement or relocation of specific uses on or along the perimeter of the site, no increase in the number of dwelling units or amount of nonresidential floor area, or any associated characteristics of any use. (ii) Driveways and/or streets do not significantly alter the general distribution of traffic or modify the public or private rights therein. Any changes to the traffic or pedestrian circulation pattern resulting from the proposed changes in the application for minor modification to the Planned Unit Development must maintain the external compatibility requirements of Section 656.341 (d). If the locations of entrances or driveways to the Planned Unit Development were the subject of staff recommendations, or were modified by submission of a revised site plan or revised written description at the time of adoption of the Planned Unit Development or any major modification thereof, no change in such locations shall be allowed by minor modification. (iii) There is no change to any condition(s) set forth by the City Council in the ordinance which approved the Planned Unit Development district. (iv) That a compatible relationship between land uses within the Planned Unit Development and with land uses adjoining the Planned Unit Development district are maintained with the proposed changes in the application for minor modification to the Planned Unit Development, through the use of buffers, fencing and other landscaping requirements. External compatibility requirements of Section 656.341 (d) must be maintained. If the location, width, height, material or other similar characteristics of any perimeter boundary buffers, fencing, screening or setbacks were the subject of staff recommendations, or were modified by submission of a revised site plan or revised written description at the time of adoption of the Planned Unit Development or any major modification thereof, no change in such locations shall be allowed by minor modification. (v) That a compatible relationship between land uses within the Planned Unit Development and with land uses adjoining the Planned Unit Development district are maintained with the proposed changes in the application for minor modification to the Planned Unit Development, through the use of lot sizes and height of structures along the perimeter boundaries of the Planned United Development. External compatibility requirements of Section 656.341 (d) must be maintained. If the lot sizes or height of any perimeter boundary buffers were the subject of staff recommendations, or were modified by submission of a revised site plan or revised written description at the time of adoption of the Planned Unit Development or any major modification thereof, no change in such locations shall be allowed by minor modification. The Planning Commission is authorized to promulgate the rules and procedures necessary to implement a minor modification. Additionally, the Director shall transmit a copy of any request for Minor Modification to any District Council Member within five days of receipt, for the District Council Member's review and comment. The District Council Member may provide written comments to the Planning and Development Department regarding the applicability of the Minor Modification criteria contained herein within the time frame established for the Department's review of the request for Minor Modification. Minor modifications to an approved Planned Unit Development district shall be advertised and noticed in a manner prescribed herein: Notice of the time and place of the public hearing which is required to be held by this Section with respect to each minor modification shall be posted at least 14 days in advance of the scheduled public hearing by United States mail to all owners of real property within 350 of the boundaries of the land upon which a minor modification is requested; provided, that where such notice is determined by the Director to be insufficient to ensure actual notice to a majority of adjoining owners, he may require mailed notice to be given to such owners as the Director may determine to be appropriate. For the purpose of notice requirements to adjoining owners, the names and addresses of the owners shall be deemed to be those on the current tax records in the Office of the Property Appraiser. The failure of an owner required by this Section to be notified by mail to receive the notice shall not invalidate or otherwise have any effect upon a public hearing or action taken by the Commission on an application for minor modification, and the applicant for a minor modification shall post signs at intervals of not more than 200 feet along all street sides of property upon which the request is made in the form required by the Commission within three working days after the filing for a minor modification. The sign shall be posted in full view of the public on each street side of the land involved in a manner consistent with Section 656.124 (c) and shall be maintained by the applicant until a final determination has been made on the minor modification. The sign shall be removed by the applicant within ten working days after final action by the Commission. Appeals from decisions of the Commission shall be pursuant to Section 656, Part 1, Subpart D, Ordinance Code. For purposes of this subsection, for minor modifications for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2 , all references to "Planning Commission" or "Planning and Development Department" shall mean the Downtown Development Review Board. Furthermore, the requirement contained in this subsection concerning mailed notification to owners of real property within 350 feet of the boundaries of the land upon which the minor modification is requested shall not apply unless such notice is determined by Downtown Investment Authority staff to be appropriate, however, the applicant shall submit an electronic version of the published notice to DIA staff for placement on the City's website. (3) Major changes. In order to facilitate any other change to an approved Planned Unit Development district, an application for rezoning shall be filed in a manner consistent with other applications for rezoning. (h) Verification of substantial compliance with the Planned Unit Development district. (1) Required review. Prior to any portion of development within a Planned Unit Development district, an applicant shall submit detailed development plans to the Department, pursuant to the procedures in this subsection, for verification of substantial compliance with the approved Planning Unit Development ordinance, adopted written description, and adopted site plan. (2) Application requirements. In addition to any documentation required by subsection (3) below, the applicant shall submit the following sets of detailed development plans for the portion of the Planned Unit Development proposed to be developed: (i) Three sets to the Department. (ii) One set to the City Council Research Division. (iii) One set to the District Council Member. (iv) Any Property located within the Downtown Overlay Zone, as defined by Section 656.361.2 , an additional set of PUD plans shall be provided to a designated staff member of the Downtown Investment Authority for review and comment on those properties. (3) Parks and recreation. In addition to the detailed development plans required by subsection (2) above, the applicant shall provide documentation and instrumentation to indicate the ownership and maintenance responsibility for any proposed neighborhood park, pocket park, playfield or recreational structure to the following: (i) One copy to the Department. (ii) One copy to the City Council Research Division. (iii) One copy to the District Council Member. (iv) One copy to the Recreation and Parks Department. (v) One copy to the Office of General Counsel. (4) Department review. At least two planners shall review the application for verification of substantial compliance for consistency with the approved Planned Unit Development ordinance, adopted written description and adopted site plan. Prior to issuing a determination on the application for verification of substantial compliance, the Department shall forward its preliminary findings, in writing, to the District Council Member. (5) District Council Member comments. The District Council Member may provide written comments regarding the Department's preliminary findings within five business days of receipt of the preliminary findings. The District Council Member may choose to provide written comments through the City Council Research Division. Disputes between the Department and the District Council Member shall be resolved as provided herein. (6) Compliance finding. If the Department finds the application in compliance with the approved Planned Unit Development ordinance, adopted written description, and adopted site plan, and the application is not appealed pursuant to subsection (7) below, then the Department shall provide approved copies of the application as follows: (i) One copy to the Department official file. (ii) One copy to the Zoning Counter. (iii) One copy to the District Council Member. (iv) One copy to the applicant. (7) Dispute resolution. Disputes between the Department and the District Council Member during preliminary review shall be heard by the Planning Commission pursuant to the following: (i) The District Council Member or the Department may request dispute resolution by the Planning Commission. (ii) The Planning Commission shall conduct a hearing at the next regularly scheduled meeting. (iii) The Planning Commission's review is limited to whether or not the application substantially complies with the approved Planned Unit Development ordinance, adopted written description and adopted site plan. No additional conditions may be imposed on the applicant by the Planning Commission. (iv) The parties to the proceeding are the District Council Member, the Department, and the applicant. No other parties shall be permitted to comment. (v) The record shall consist of the approved Planned Unit Development ordinance, the adopted written description, the adopted site plan, the application for verification of substantial compliance, the Department's preliminary findings, the District Council Member's comments, and any additional information provided at the Planning Commission hearing by the parties. (vi) The Planning Commission shall issue a finding regarding substantial compliance on the date of the hearing and this finding shall be the final agency action for the City, with appeals to a court of competent jurisdiction. If the Commission finds the application in compliance, then the staff to the Commission shall distribute copies consistent with subsection (6) above. If the Commission finds the application not in compliance, the Commission shall issue a letter to the applicant so stating. (Ord. 91-59-148, § 1; Ord. 92-2017-1458, § 8; Ord. 95-211-772, § 2; Ord. 98-678-E, § 5; Ord. 2000-90-E, § 4; Ord. 2005-893-E, § 1; Ord. 2005-1293-E, § 1; Ord. 2006-1395-E, § 1; Ord. 2007-564-E, § 19; Ord. 2011-47-E, § 2; Ord. 2011-732-E; Ord. 2011-47-E, § 2; Ord. 2016-140-E , § 16; Ord. 2016-367-E , § 1; Ord. 2018-855-E , § 1; Ord. 2019-375-E , § 1; Ord. 2024-373-E , § 2) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.