Q-10 PLANNED DEVELOPMENT DISTRICT

Q-10-101 LEGAL BOUNDARY DESCRIPTIONS FOR PLANNED DEVELOPMENT DISTRICTS

Marion’s Garden Planned Development District – Land use per lot as follows:

Commercial – Lots 1, 2, and 108.

Single Family – Lots 32-80, S 1/2 of 81, 82-99, 104 and 105, and 109-124.

Multiple Family – Lots 13-18

Townhouse – Lots 19-30.

Condominium – Lots 3-12 and 100-103.

Ag for Park Use – N 1/2 of Lot 81 and Lot 106 and 107.

Vintage Square Estates, Lots 1-50, Block 1; Lots 1 Through 13, Block 2; Lots 1 Through 25, Block 3; Lots 1 And 2, Block 4; Block 5 And Block 6; Rousseaux Avenue, Hamilton Street And Whispering Shores Drive; All Located In Relicted Lots 1, 2, 3 And The North Part Of Lot 4, And Government Lots 5 And 6, All Lying In The North Half Of Section 21, Township 5 North, Range 31 East Of The Black Hills Meridian, City Of Fort Pierre, Stanley County, South Dakota.– Land Use Plan as filed with Stanley County Register of Deeds on March 7, 2006.

Riverview Planned Development District containing RV-1 and RV-2 located in the NW1/4 SW1/4 and Lot 2 of  Gov’t Lot 5 in Section 28 and NE1/4 in Section 29 T5N R31E

Source: Ord. No. 860, 1005

Q-10-102 STATEMENT OF PURPOSE FOR THE PLANNED DEVELOPMENT DISTRICT

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:

A. Encourage well planned, efficient urban development.

B. Allow a planned and coordinated mix of land uses, which are compatible and are harmonious, but previously discouraged by conventional zoning procedures.

C. Encourage more creative, higher quality and more ecological urban design, with special consideration given to projects which incorporate desirable design features, including but limited to underground parking, orientation, or design to take advantage of solar energy, environmental preservation, historic preservation, handicapped accessible structures, unique use of open spaces, or other desirable design features.

D. Improve communication and cooperation among the City, land developers, and interested residents in the urbanization of new lands and the renewal of existing deteriorated areas.

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Q-10-103 SCOPE OF REGULATIONS

The regulations set forth in this chapter, or set forth elsewhere in this title when referred to in this chapter, are the district regulations in the Planned Development District. Functions of the Planning Department or the Planning Director shall be performed by the Public Works Director.

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Q-10-104 COMPLIANCE WITH COMPREHENSIVE PLAN

The developments within the planned development district shall comply with the policies and design standards of the Fort Pierre Comprehensive Development Plan. Said development shall be mutually compatible with adjacent projected developments.

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Q-10-105 REQUIREMENTS AND PROCEDURES

A. Initial development plan. When a petitioner wants to request rezoning to the planned development district, he shall submit his request to the City Planning and Zoning Commission, showing the information specified in Q-10-105 below, a minimum of thirty (30) days prior to the City Planning and Zoning Commission meeting at which consideration is desired. After the planned development request has been reviewed, the City Planning and Zoning Commission shall make a recommendation to the City Council and, if applicable, to the County Commission, on the requested rezoning. The City Council and, if applicable, the County Commission, shall then act to approve or deny said request. No building permit shall be issued within the development until the final development plan is approved and the plat is filed.

B. Final development plan. Prior to construction on any lots in the planned development, the petitioner shall present a final development plan showing the information specified in Q-10-106 to the City Planning and Zoning Commission, which shall make a recommendation to the City Council on the said plan. The City Council 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 subareas the developer is ready to commit to a final plat. All the information required for both an initial and final development plan must be shown for the area 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 subarea.

Signs shall be posted on the property for a continuous period of five (5) days immediately prior to any public hearing held by the Planning and Zoning Commission or City Council to consider any final development plan. Said signs shall be furnished by the Department of Planning and Building Services and posted by the applicant in the numbers and locations prescribed by the Director.

Q-10-106 INITIAL DEVELOPMENT PLAN

Upon application for rezoning to the planned development district, the petitioner shall present an initial development plan to the City Planning and Zoning Commission for review, and to the City Council and, if applicable, to the County Commission, for their approval showing the final information:

A. Project name and legal description.

B. A preliminary subdivision plan in compliance with Q-12-400.

C. The proposed development scheme showing the following information:

1. The proposed land uses, including the location by lot, number, and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed nonresidential buildings, and their square footage.

2. 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.

3. The proposed minimum set backs, which shall be no less than those required in the traditional zoning districts for similar uses, except where unique physical, environmental, or design characteristics make such setback undesirable.

4. The proposed maximum height, which shall be no greater than that required in the traditional zoning districts for similar uses, except where unique physical, environmental, or design characteristics make such heights undesirable.

5. The proposed design features, illustrating compatibility to the surrounding environment and neighborhood.

6. Anticipated subarea development sequence. In addition, the developer shall provide a scaled rendering on mylar and in compatible electric format of the approved initial development plan showing each of the subareas.

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Q-10-107 FINAL DEVELOPMENT PLAN

Prior to construction on any lots in the planned development zoning district, the petitioner shall present a final development plan to the City Planning and Zoning Commission and the City Council for their approval. The final development plan shall show the following information:

A. The subdivision name, the legal description, and the individual project name (if any).

B. The boundaries of the subarea or subareas submitted for approval superimposed on the map of the initial development plan.

C. A subdivision plat of the subarea or subareas submitted for approval in compliance with Q-12-500.

D. A scale drawing showing the following information will be required for everything except single-family detached dwelling subareas:

1. Size and location of proposed structures, including height and number of units.

2. Calculated floor area for each structure and generic listing of the uses within said structure.

3. Off-street parking lot arrangement, designating all parking spaces, off-street loading spaces, and any outdoor trash container spaces.

4. Any sidewalks, bikeways or other paths.

5. Any outdoor lighting, type, and location, except for standard street lights provided by the City.

6. Landscaping plans, showing the type and location of any walls or fences, the placement, size, and species of any trees or shrubs, and berms in areas that will be sod or seeded.

7. All existing and proposed utilities, drainage ways, watercourses, and location of above ground existing utilities on adjacent property.

8. Proposed final ground contours.

9. Curb cuts and all private drives.

10. Adjacent, existing, and proposed uses.

11. first floor elevation for any structure located in a flood hazard.

12. Accurate building elevation of all proposed structures.

13. The book and page number of the filed initial development plan at the Office of the Stanley County Register of Deeds.

14. Documentation of the ownership and maintenance responsibility of any common open spaces, structures, or facilities, including private streets.

15. Any subareas proposed for multiple residential development will be required to provide an open area for recreation. Said open spaces shall not be included in any required yard, but shall be located in the same subarea it is intended to serve.

16. Proposed parking and loading spaces which shall be in conformance with the area designated as the District Subarea, except where unique physical, environmental, or design characteristics make such requirements undesirable.

17. 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 subarea as a part of the final development plan.

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Q-10-108 AMENDMENTS

A. Major amendments. The following changes in an initial and/or final development plan are considered major amendments:

1. Any change in the proposed land uses.

2. Any major change in the street pattern.

3. An increase in density above that provided for initially.

Major amendments to the initial and/or final development plan shall be required to be approved in the same manner as the initial development plan, requiring the City Planning and Zoning Commission review, the City Council’s approval, and the public notice which has been provided for in the subdivision section.

B. Minor amendments. The following changes in an initial and/or final development plan are considered minor amendments:

1. Any adjustment in the size or shape of the building envelope (increasing the height or reducing the building setback).

2. Any change in the number or location of curb cuts.

3. Any decrease in the size of required open areas.

4. A minor change in the street pattern.

5. Any increase in density of a subarea:

(a) Less than twenty-five percent (25%) for a subarea with less than eight units.

(b) Less than fifteen percent (15%) for a subarea with between nine (9) and twenty (20) units.

(c) Less than eight percent (8%) for a subarea with twenty-one (21) units or more.

1. Any change in the number of parking spaces.

Minor amendments to the initial and/or final development plan shall be required to be approved by the City Planning and Zoning Commission at a public hearing. Notice of such hearing shall be given by posting four (4) signs provided by the City Planning and Zoning Commission.

Before any action shall be taken by the City Planning and Zoning Commission, the applicant shall first file with the City Planning and Zoning Commission an affidavit verifying that said signs have been posted at the proper location for the time of two (2) weeks.

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. Any such amendments shall be shown as a change from the initial development plan on file with the Stanley County Register of Deeds.

C. Minimal amendments. The following changes in an initial and/or final development plan are considered minimal amendments:

1. Any adjustment of a building within a previously established building envelope.

2. A reduction in density and scale.

Minimal amendments to the final development plan shall be submitted to the Planning Director or his designee on a reproducible development plan showing the requested changes. The Planning Director or his designee may then approve such change in writing, if he deems it appropriate.

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Q-10-109 STREET SIGNS

The City will provide the street signs and poles, and the developer shall install all street signs in a manner and at the locations approved by the Public Works Director. The developer shall, upon request, reimburse the City for the actual cost of each street sign and pole placed within each planned development district.

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SECTIONS Q-10-110 TO 199, INCLUSIVE. RESERVED.