Boonville District C-P (commonly referred to as "Planned Business District") ordinance (Appendix C, Section 2.5.5)

This district is intended to provide for commercial and recreational activities that warrant special consideration due to their scale or potential impact, or for certain sites due to their location or environmental characteristics. The major objectives of a C-P District are:

- To promote flexibility in design and location of structures

- To promote the efficient use of land and to facilitate a more economic arrangement of buildings, circulation system, land use and utilities

- To ensure compatibility with surrounding areas

(a) General conditions:

(1) A District C-P may be established on a tract of land in single ownership or under unified control.

(2) The net area of land to be included in a District C-P and so designated, shall be at least two and one-half 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.

(3) The location of any District C-P shall be on property which has direct access to major thoroughfares, and the Planning Commission and City Council shall satisfy itself as to the adequacy of the thoroughfares to carry the additional traffic projected to be generated by the development.

(4) A preliminary development plan for the proposed development shall be submitted and considered as part of the rezoning application. The preliminary development plan for the proposed development shall present a unified and organized arrangement of buildings and service facilities which shall have a fundamental relationship to the properties comprising the planned development, and shall not adversely affect the uses of properties immediately adjacent to the proposed development.

(b) 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) Twelve 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 building shall be drawn to scale. The actual scale used will depend on the development and shall be subject to the approval of the Building Inspector and/or City Administrator.

b. With regard to the subject property only:

1. Existing topography with contours at five-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 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 Planned Business Center. (2) Twelve 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) Twelve copies of a thoroughfare plan, show-

ing the general arrangements of streets within 1,000 feet of the boundaries of the area proposed for a Planned Business District. (4) Traffic Impact Analysis (TIA). A TIA may be

required by the Planning Officer whose decision is appealable to the Planning Commission whose decision is appealable to the City Council. In addition, the Planning Commission or City Council, 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:

a. Development in the I-70, Missouri Highways 5 and 87, and Route B corridors. b. Areas of existing high traffic congestion.

c. Proposed development of a size, i.e., building square footage, number of employees, that a significant increase in area traffic is expected.

(c) Preliminary development plan—Revisions:

(1) Changes in the approved preliminary devel-

opment plan.

a. Changes in the preliminary development plan which are not substantial or significant may be approved by the Planning Commission, and disapproval of such changes by the Planning Commission may be appealed to the City Council within ten business days of the Planning Commission decision.

b. Substantial or significant changes in the preliminary development plan may be approved after rehearing by the Planning Commission and the City Council. c. For purposes of this Section "substantial or significant changes" in the preliminary development plan shall mean any one 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 per cent or decreases in the floor area of any building by equal to or greater than 50 per cent.

2. Increases in lot coverage by more than five per cent.

3. Increases in the height of any building by more than 20 per cent. 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 per cent. 8. Decreases of areas devoted to open space of more than five per cent 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 Building Inspector five business days following the filing of an application.

(d) Final 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) Twelve copies of a final development plan for any building or buildings to be constructed within the Planned Business District 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 (five-foot or two-foot contour intervals may be required depending on the site).

2. All adjacent public street right-ofway, 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 candle power, 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 semi-public easements.

15. Final storm water collection, detention, and erosion control plans. 16. Final analysis of the capacity of the existing sanitary sewer receiving system.

b. Building elevations:

1. Elevations of all sides of proposed buildings, including notation indicating building material to be used on exteriors and roofs. 2. Location, size and materials to be used in all screening of rooftop mechanical equipment.

c. Landscaping and screening:

1. Landscape plan calling out size, species, location and number of all proposed landscape material. 2. Notation of all areas to be seeded or sodded.

3. Location, size and materials to be used for all screening and/or outside trash enclosure areas. (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 Building Inspector.

(3) One copy of the proposed final development

plan and one copy of the proposed building elevations shall be reduced onto 8 1 / 2 × 11 inch bond paper.

(4) The following shall be submitted in support

of the application for final development plan approval:

a. Deeds of dedication for all rights-ofway 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.

(e) Final development plan—Consideration:

(1) Final development plans which contain no

changes from the approved preliminary development plan shall be approved by the Planning Commission if it is determined that all submission requirements have been satisfied.

(2) A final development plan which contains

changes from the approved preliminary development plan, but is in substantial compliance with the preliminary plan, may be approved by the Planning Commission without a public hearing, provided that it is determined that all submission requirements have been satisfied. For purposes of this Section, lack of "substantial compliance" shall have the same meaning as "substantial or signifi-

cant change" as set forth in this Section. Any determination made by the Planning Commission under this subsection shall be appealable to the City Council by the applicant within five business days of the date of the Planning Commission determination.

Any three Councilmen may request review of the final development plan within seven days of the Planning Commission action by notifying the City Clerk in writing. The final development plan will be placed on the agenda for the next regularly scheduled City Council meeting. The City Council may approve, conditionally approve or disapprove the final development plan.

(3) In the event that the developer proposes

final development plan changes that are substantial changes from the approved preliminary development plan, the developer may request that a public hearing be held on the final development plan.

(4) In the event of a determination that the

changes in the proposed final development plan are substantial changes from the approved preliminary development plan, and thereby denied by the City Council, the same or a similar application may not be considered again by the Planning Commission and City Council except through the public hearing process.

(5) No building permit shall be issued for any

construction in this District C-P until the City Council has approved the final development plan for the building.

(6) The proponents of a Planned Business Dis-

trict shall prepare and submit a schedule of construction, which construction shall begin within a period of one year following approval of the final development plan by the City Council. 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 City Council and approved by said Council.

(7) 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, set-back and other requirements, such adjustments may be approved by the Planning Commission and City Council pursuant to the final development plan considerations set forth in Section 2.55 E. upon application. In addition to the above, the Building Inspector may, without the approval of the Planning Commission and/or City Council, allow the developer to make the following changes in the approved Final Plan as a result of unforeseen engineering problems:

a. Move private streets and driveways by not more than ten feet.

b. Move the location of structures by not more than ten feet so long as not to violate any setback regulations.

c. Move the location of any parking area by not more than 20 feet so long as it would not come closer than 20 feet to any residential structure or ten feet from any street or right-of-way lines.

d. Change the configuration of any parking area so long as the number of spaces is not reduced below the required number of spaces.

e. Change the location of sidewalks and pathways provided that all points remain connected.

(f) Use regulations:

(1) In District C-P, no building, structure or premises shall be used, and no building shall be hereafter erected, constructed, reconstructed, moved or altered, except for any uses permitted in District C-1.

(g) Height and area regulations: In a District C-P, the height for buildings hereafter erected, constructed, reconstructed, moved or altered, and the minimum dimensions of open spaces shall be as follows:

(1) Buildings or structures shall not exceed 60 feet in height and shall not exceed five stories in height.

(2) There shall be a setback from any street of at least 30 feet for any building, and ten feet for any parking lot. Along any other property line, within or adjoining a zoned business district, there shall be a setback for any building or structure of at least ten feet, unless, for good cause shown, the City Council adjust such setback.

(3) Along any other property line abutting or adjoining a zoned dwelling house district, there shall be a setback of at least ten feet for any building or parking lot. The Planned Business District shall be permanently screened from such abutting or adjoining properties zoned for dwelling house use by wall, fence or other suitable enclosure at least six 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. (4) The building line along any street shall be consistent with the building line established in any neighboring residential districts. The Planning Commission may recommend to the City Council a reduction in the above required setbacks where the situation will reasonable warrant such reductions, and the City Council may, in their discretion, adjust such setbacks.

(5) Floor area ratio: Maximum floor area ratio, .55 to 1.

(6) Impervious coverage: Maximum coverage, 80 per cent.

(7) Parking regulations: Five spaces required each 1,000 square feet; a minimum of four spaces regardless of the size of the building.