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HomeMy WebLinkAboutOrdinance 42-1983 i , � � Y , . . � . r ' ORDINANCE NO. 42-83 . AN ORDIPdANCE AMENDING SECTION 300 AND ADDING A NEW SECTION 630 PERTAINING TO ZONING DISTRICTS OF THE JOINT JURISDICTIONAL AREA ' ZONING ORDINANCES OF 1980 AS ADOPTED. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOT�,: I . That Section 300 of the Joint Jur_isdictional Area Zoning Ordinance of 1980 as amended be and the same is hereby amended to read as follows, to wit: Section 300 . Establishment of Districts . For the purpose of this ordinance, the Joint Jurisdictional Area to the City of Brookings, South Dakota, is hereby divided into eighteen (18) types of districts : Flood-Way FW Agricultural Agricultural A Agricultural Residence R-lA Single Family Residence R-1B Single Family Residence R-2 Two Family Residence R-3 MuJ_tiple Family/Apartment Residence R-3A Multiple Family/Mobile Home Business RB-4 Neighborhood Business B-1 Central Business B-2 Fringe Business B-2A Professional Office Business B-3 Heavy Business B-4 Highway Business B-5 Planned Commercial Inaustrial I-1 Light Industrial I-1B Restricted Industrial I-2 Heavy Open PDD Planned Development District Al1 of the zoning classific,ations with the exceptic�n of. Flood- Way (FW) may be used in Flood Plain areas and if so will carry a prefix FP, e.a. , R-lA becomes_ FPR-1A, B-2 becomes FPB-2 . Areas so designated may be used for purposes outlined in this ordinance provided that all con.struction be designed to withstand a 100 year flood, such design to be approved by the City Engineer. Section 301 . No Change. Section 302 . No Change, II . That Section 630 be added to the Joint Jurisdictional Area Zoning Ordinance of 1980 as amended to read as follows, to wit: Section 630 . Planned Develo�ment District. I 631. Purpose It is the intent of this district to provide flexibility from conventional zoning regulations with increased public review for Planned Development District projects in order to: . 1 Encourage well planned, efficient urban development. . 2 Allow a planned and coordinated mix of land uses which are compatible and harmonious, but previously discouraged by conventional zoning procedures . • , . . . . .3 Encourage more creative, higher quality and more ecolog- ically sensitive urban design with special consideration given to projects which incorporate desirable design features such as underground parking, orientation or design to take advantage of passive solar energy, en- vironmental preservation, historic preservation, handi- . � capped accessible structures, unique use of open spaces, or other desirable design features. .4 Improve communication and cooperation among the City and County of Brookings, land developers and interested residents in the urbanization of new lands and the renewal of existing deteriorated areas . 632 . Scope. The regulations set forth in this section are the district regulations in the Planned Development District. 633 . Compliance with the Master Plan. The development within the Planned Development Districts shall comply with the policies and design standards of the ex- isting Joint Jurisdictional Master Plan. Said developments shall be mutually compatible with adjacent projected develop- � ments . 634 . Procedure. . l Initial Development Plan. When a petitioner wants to re- quest rezoning to the Planned Development District, he/she shall submit his/her request to the City Engineer' s office and County Zoning Officer, showing the information specified in 635 below, a minimum of 20 days prior to the Planning Commission meeting, at which consideration is desired. After the Planned Development request has been reviewed by the Engineer' s Department, the Planning Commissions shall make recommendations to the City and County Commissions on the requested rezoning. The City and County Commissions shall then act to approve or deny said request. This request for rezoning is subject to the requirements for Section 80� , Article VIII, Appendix A-Zoning except that due to the complexity of the Planned Development District and the detailed level or review that is required, no action shall be taken on a request to rezone property to the Planned Development District until the petitioner deposits with the City and County the sum of $20. 00 to cover the approximate cost of this procedure. No building permits shall be issued within the development until the Final Development Plan is approved and the plat is filed. . 2 Final Development Plan. Prior to construction on any lots in the Planned Development, the petitioner shall present a Final Development Plan, showing the information speci- fied in 635 below, to the Planning Commissions, who shall have the sole authority to approve, deny, or amend said plan. The Final Development Plan may be submitted in conjunction with the Initial Development Plan for concurrent approval on any sub-areas the developer is ready to commit to a final plan. All the information required for both an Initial and Final Development Plan must be shown for the areas submitted for concurrent approval , except that the developer may reference the requirements of one of the traditional zoning districts as the development standard for a particular sub-area. Notice of the heaxing at which the Planning Commission shall consider any Final Development Plan shall be pub- lished in the locally distributed paper at least fifteen (15) days prior to the hearing. .3 Amendments. � (a) Major Amendments. Major amendments to the Initial and/or Final Development Plan shall be required to be approved as an amendment to the Zoning Ordinance, requir- � ing the Planning Commissions ' review, the City and County Commissions ' approval, and the public notice, which have been provided for in Section 800 , Article VIII, Appendix A-Zoning except that no action shall be taken by the City and County Commission on a major amendment until the petitioner deposits with the City and the County the sum of $20 . 00 to cover the approximate cost of the review and processing of a major amendment. (b) Minor Amendments . Minor amendments to the Initial and/or Final Development Plan shall be required to be approved by the Planning Commissions at a hearing for which notice has been published in a locally circulated newspaper at least fifteen (15) days prior to the Planning Commission meeting. Minor amendments to the Initial Development Plan may also be made by the submission and approval of a Final Development Plan which is changed from the approved Initial Development Plan. (c) Minimal Amendments. Minimal amendments to the Final Development Plan shall be submitted to the City Zoning Officer on a reproducible development plan showing the requested changes . The Zoning Officer may then approve said changes in writing, if he/she deems it appropriate. . 635 . Initial Development Plan. Upon application for rezoning to Planned Development District, the petitioner shall present an Initial Development Plan to the Planning Commission and the City Commission for their approval , showing the following information: . l Project name and legal description. .2 A preliminary sub-division plan in compliance with Appendix B-Sub-divisions , Article VIII , Section 800 , City of Brookings Ordinances . .3 The proposed development scheme showing the following information: (a) The proposed land uses including the number and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed non-residential buildings, and their square footage. (b) The proposed maximum density of the development which shall not exceed the density allowed in the traditional zoning districts for similar uses except where unique physical, environmental, or design characteristics make such densities undesirable. (c) The proposed minimum setbacks , which shall be no less than those required in the traditional zoning dis- tricts for similar uses, except where unique physical, environmental , or design characteristics make such setbacks undesirable. (d) The proposed maximum height, which shall be no greater than those required in the traditional zoning districts for similar uses, except where unique physical, environmental , or design characteristics make such heights undesirable. (e) Proposed design features illustrating compatibility to the surrounding environment and neighborhood. -3- � (f) Anticipated sub-area development sequence. 636 . Final Development Plan. Prior to the construction on any lots in the Planned . Development �oning District, the petitioner shall present a Final Development Plan to the Planning Commission for their approval . The Final Development Plan shall show the follow- • ing information: . l The subdivision name, the legal description, and indi- vidual project name (if any) . .2 Boundaries of the sub-area or sub-areas submitted for approval superimposed on the map of the Initial Develop- ment Plan. .3 A subdivision plat of the sub-area or sub-areas submitted for approval in compliance with Appendix B-Subdivisions, Article VIII Section 803 . .4 A scaled drawing showing the following information will be required for everything except single family detached dwelling sub-areas . (a) Size and location of proposed structures including height and number of units. (b) Calculated floor area for each structure and each major use within said structure. (c) Off-street parking lot arrangement designating all parking spaces, off-street loading spaces , and any out- door trash container space. (d) Any sidewalks , bikeways, or other paths . (e) Any outdoor lighting type and location except for standard street lights provided by the City. (f) Landscaping plan showing the type and location of any walls or fences, the placement, size, and species of any trees or shrubs, and berms and areas that will be sod or seeded. (g) All existing and proposed utilities, drainageways, water courses, and location of above ground existing utilities on adjacent property. (h) Proposed final ground contours . (i) Curb cuts and private drives. (j ) Adjacent existing and proposed uses . (k) First floor elevation for any structure Iocated in a flood hazard area. (1) Accurate building elevation of all proposed structures. (m) The Initial Development Plan placed on file at the City Finance Office. (n) Documentation of the ownership and maintenance re- sponsibility of any common open spaces, structures, or facilities including private streets . (o) Any sub-areas proposed for multiple residential development may be required to provide an open area for recreation. Said open spaces shall not be included in any required yard, but it shall be located in the same sub-area it is intended to serve. (p) Where applicable, compliance with aquifer zoning regulating land uses which could contribute polluted , water to designated aquifers . , -4-- � � (q) Proposed parking and loading spaces which shall be in conformance with Zoning Ordinance, Article VII, Sec- tion 700, 701, 702 , 703 , 710 , of this ordinance, except where unique physical , environmental , or design character- istics make such requirements undesirable. ( r) Unless otherwise specified on the Final Development Plan, all development standards shall be the same as • those set forth in the traditional zoning districts� which shall be referenced for each sub-area as a part of the Final Development Plan. 637 . Amendments . . l Major Amendments . The following changes in an Initial or Final Development Plan are considered major amendments: (a) Any change in the proposed land uses. (b) A major change in the street pattern. (c) An increase in density above that provided for in 637 . 2 (f) below. .2 Minor Amendments . The following changes in an Initial or Final Development Plan are considered minor amendments : (a) Any adjustment in the size or shape of the building envelope (increasing the height or reducing the building setback) . (b) Major decrease in density (c) Any change in the number or location of curb cuts. (d) Any decrease in the size of required open areas . (e) A minor change in the street pattern. (f) Any increase in density of a sub-area: --less than 25% for a sub-area with less than 8 units . --less than 15% for a sub-area with between 9 and 20 units. --less than 8o for a sub-area with 21 units or more. .3 Minimal Amendments . The following changes in an Initial or Final Development Plan are considered minimal amend- ments : (a) Any adjustment of a building within a previously established building envelope. (b) A minor reduction in density. III . That any and all ordinances or parts thereof in conflict herewith, are hereby repealed. FIRST READING: December 13, 1983 SECOND READING: December 27 , 1983 PASSED AND APPROVED: December 27, 1983 _._ ATTEST: �' � _ _ _ / _ Mayo / , / ,�� � inance ficer � � -5-