LEGAL NOTICE NOTICE OF PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF DONIPHAN, MISSOURI RELATING TO AN AMENDMENT OF THE CITY ZONING ORDINANCE AFFECTING THE USES IN RESIDENTIAL DISTRICTS AND REQUIRING SPE

Thursday, May 9, 2019

LEGAL NOTICE

NOTICE OF PUBLIC HEARING BEFORE

THE PLANNING

AND ZONING

COMMISSION

OF THE CITY OF

DONIPHAN, MISSOURI RELATING TO AN AMENDMENT OF THE CITY ZONING ORDINANCE

AFFECTING THE USES IN RESIDENTIAL DISTRICTS AND REQUIRING SPECIAL PERMITS FOR

LARGE UNIT

DEVELOPMENTS

To All Interested Citizens:

The Planning and Zoning Commission of the City of Doniphan, Missouri, will hold a public hearing at 5:00 p.m. CST on Monday, June 3, 2019, at the Doniphan Community Center at 105 Washington Street in Doniphan, Missouri, to hear comments concerning the proposed Amendment of the zoning ordinance of the City of Doniphan, Missouri entitled, ďAN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF DONIPHAN RELATING TO RRESIDENTIAL DISTRICTS AND TO REQUIRE SPECIAL PERMITS FOR LARGE UNIT DEVELOPMENTSĒ, which is set forth below in full.

Your oral or written comments are solicited before or at the said Public Hearing. Text in BOLD is amendment of existing Ordinance.

ORDINANCE NO. BILL NO.

AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF DONIPHAN RELATING TO RRESIDENTIAL DISTRICTS AND TO REQUIRE SPECIAL PERMITS FOR LARGE UNIT DEVELOPMENTS

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF DONIPHAN, MISSOURI AS FOLLOWS:

SECTION 1. - Code Amended

Appendix A, Article V, Sections A., B., C., D., of the Code of Ordinances relating to residential district zoning are amended, and there is hereby enacted one new re-numbered Section E. relating to the same subject to be inserted, to read as follows:

Section V. Residential district. A. Residential district (R). This district is intended to provide for residential development

of moderately spacious character, together with such public buildings, schools, churches, public recreational facilities, and accessory uses as may be necessary or normally compatible with residential surroundings, with large unit developments subject to special conditions to minimize impacts upon local public infrastructure.

B. Permitted uses.

1. Single-family dwelling.

2. Two-family dwelling.

3. Multifamily dwellings of less than eight dwelling units.

4. Churches and educational buildings.

5. Public parks, playgrounds, recreational buildings.

6. Existing farms, truck gardens, nurseries.

7. Schools, elementary and secondary.

8. Funeral homes.

9. Hospitals, health centers and government office buildings.

10. Boarding homes.

11. Nursing homes.

12. Doctorís office and clinics.

13. Large Unit Developments of 8 or more dwelling units under Special Permit.

C. Area requirements.

1. Minimum lot area:

a. Single-family, 8,400 square feet, provided that the minimum lot width shall be 50 feet.

b. For each additional dwelling unit per structure, 1,800 square feet.

c. For each Large Unit Development, 1,800 square feet per dwelling unit.

2. Setback requirements:

a. Front. . . . . . . . . 25 feet

b. Side . . . . . . . . . . . 7 feet

c. Side (exterior). . . . . . . . . . 10 feet

d. Rear. . . . . . . . . . 25 feet

For Large Unit Developments Only (Per Structure)

a. Front. . . . . . . . . 30 feet

b. Side . . . . . . . . . . 25 feet

c. Rear. . . . . . . . . . 30 feet

D. Off Street parking.

1. Two off street parking spaces per each dwelling unit on the lot, plus ten additional parking places in Large Unit Developments

2. Churches. One parking space for each five seats provided in main sanctuary or meeting room.

3. Boarding homes and nursing homes. One parking space for each two occupants or boarders, when the boarding home or nursing home is at full capacity.

E. Special Permit Required for Large Unit Developments

1. Definitions

The following words and phrases shall have the following meanings:

Large Unit Development, shall mean any multifamily dwelling unit development consisting of eight or more dwelling units, whether in one structure or in multiple structures, and whether constructed at one time or over a period of time, and whether constructed by one owner or multiple owners under a common scheme or development plan.

Public Infrastructure, shall mean water mains, fire hydrants, sewer main lines, sewer pumping stations, streets, alleys, traffic signals or signs, streetlights, surface or storm water runoff ditches, sidewalks, bicycle paths, on street parking spaces, or other utility or transportation improvements or equipment owned by or maintained by the City of Doniphan.

2. Permit Required. No large unit development shall be allowed within the limits of the City until a permit therefore has been issued by The Planning and Zoning Commission.

3. Application for Permit.

Any developer desiring to obtain a permit for a large unit development shall make an application in writing to the Zoning Officer along with an application fee of $250.00.

The Zoning Officer shall require the submission of engineering plans and architectural drawings of the proposed large unit development in formats similar to those required of subdivision developers by the Cityís Subdivision Ordinance. Upon receipt of the necessary development plans the Zoning Officer shall, within thirty days, schedule a preliminary meeting between the developer, the Zoning Officer and the Planning and Zoning Commission. Following the preliminary meeting, or any adjournments thereof, the Planning and Zoning Commission shall determine if public infrastructure upgrades or improvements will be necessary for approval of the permit and communicate the details thereof, in writing to the developer. The Commission shall then schedule a public hearing upon the application which shall require published notice of the same in a newspaper authorized by law to publish legal notices at least fifteen days prior to the public hearing.

At the public hearing, the Commission shall hear from the public as well as from the Zoning Officer and other City officers and shall, within thirty days after said public hearing, issue a determination for approval of the application with or without conditions for public infrastructure upgrades or improvements or reject the permit application entirely as inappropriate for the location due to its adverse impact upon public health, safety or welfare of the community. If the developer desires to appeal a rejection of the permit application to the Board of Aldermen the developer may do so by filing a written notice of appeal within ten days to the City Clerk. The City Clerk shall bring the matter to the attention of the Board of Aldermen at its next regular meeting and the Board of Aldermen may at that meeting, or any adjournment thereof, take such action to sustain or overrule the rejection of the permit application by the Planning and Zoning Commission as it deems proper. Any further appeal shall be to the Circuit Court as provided by law.

4. Conditions of Approval.

The Planning and Zoning Commission, in approving the application permit for the construction of a large unit development, shall condition such approval upon the applicant agreeing to pay for the expense of installing or upgrading any public infrastructure deemed necessary by the Board as follows:

(a) Permanent markers. All large unit development boundary corners and the four corners of all street intersections shall be marked with permanent monuments. A permanent monument shall be concrete of at least four inches diameter, and extending to a depth of two feet below the ground surface, or steel pipe of at least one inch diameter firmly imbedded in concrete which extends two feet below the ground surface. Should conditions prohibit the placing of monuments on the line, offset marking will be permitted; provided however, that exact offset courses and distances are shown on the development plat. A permanent benchmark shall be accessibly placed and accurately noted on the development plat, the elevation of such benchmark to be based on the USGS data.

(b) Street improvements. All new streets and alleys required by the development shall be ditched, graded and paved to their full platted width, including side slopes, and leveled to the grade of the surrounding lots with suitable provision installed for surface water and storm water runoff from the paved areas of the development property. The developer shall pave all street or off street parking surfaces with concrete or with bituminous material to whatever depth is recommended by the planning and zoning commission. In addition, the Planning and Zoning Commission shall, prior to approval of a large unit development permit, conduct a traffic study to determine if the existing streets have the capacity to serve the large unit development without endangering public safety, and may, after a public hearing, require a developer to widen or repair existing streets extending as far as the nearest major through street providing access to the development at the developerís expense.

(c) Sidewalks. Concrete sidewalks shall be constructed along both sides of every major and minor street shown on the development plat in accordance with applicable design standards. The Planning and Zoning Commission shall require that concrete sidewalks be constructed to provide access to all building entrances and to provide access between each structure and off street parking lots and between each structure and public sidewalks adjoining every major and minor street. In addition, the Planning and Zoning Commission shall, prior to approval of a large unit development permit, conduct a pedestrian and vehicle traffic study to determine if pedestrians have a safe route along existing streets serving the large unit development without endangering public safety, and may, after a public hearing, require a developer to install new, or widen or repair existing sidewalks along existing streets outside the development at the developerís expense, extending as far as the nearest existing public sidewalks providing access to the development.

(d) Water lines. Each subdivision shall be connected with the city water system in accordance with all state and municipal requirements so as to provide water service to every structure within the development. The layout of the water system, the size of the

pipes and mains to be used in the various parts of water systems and all other details regarding the water system shall be determined by the Planning and Zoning Commission with advice from the Public Works Director of the City of Doniphan. The cost of all water pipes and sewer pipes used in the subdivision shall be paid for by the developer including the cost of fire hydrants, and the developer shall receive no refund of any kind whatsoever.

In addition, the Planning and Zoning Commission shall, prior to approval of a large unit

development permit, conduct a study to determine if the existing water and sewer mains

serving the large unit development are sufficient to service the increased flows resulting

from such development without overtaxing such existing public infrastructure, and may, after a public hearing, require a developer to install new, or widen or repair existing water mains or sewer mains outside of the development at the developerís expense, including the looping of water lines for pressure or volume reasons, or the installation or improvement of sewer pumping stations or main lines to properly service the development.

(e) Storm and Surface Water Runoff. The Developer shall submit an engineering plan for the dispersal of storm and surface water runoff from the land included in the development which satisfies the Zoning Officer that no storm or surface water runoff from the premises shall threaten foreseeable damage to public infrastructure or neighboring landowners.

(f) Fire Protection. The Developer shall satisfy the Zoning Officer that the fire protection plans of the development shall meet or exceed all existing fire codes. In addition, the Planning and Zoning Commission shall, prior to approval of a large unit development permit, conduct a study to determine if additional fire protection improvements are required to protect public safety, and may, after a public hearing, require a developer to install fire suppression sprinkler systems in each dwelling unit or to install new or additional fire hydrants or stand pipes or to enlarge water lines beyond the area of development which is necessary to insure adequate volume and pressure to support the City Fire Departmentís efforts at fighting a fire in the development, all at the

developerís expense.

(g) Bonding. Any developer who obtains conditional approval of a Multi-Family Residential Development who desires to proceed with such development shall, prior to final issuance of a building permit, post with the City Clerk a Payment Bond and a Performance Bond in such penal sums as may be set by the Planning and Zoning Commission in its order of Conditional Approval, conditioned upon the developerís compliance with all conditions of approval and final payment for all infrastructure improvements required by the Planning and Zoning Commission set forth in its conditional approval.

SECTION 2. Penalty provision.

Any person who shall violate the provisions of this ordinance shall, upon conviction, be sentenced for violations committed within a twelve month period beginning with the first violation to pay a fine that, when combined with court costs does not exceed a. two hundred dollars for the first violation,

b. two hundred seventy-five dollars for the second violation,

c. three hundred fifty dollars for the third violation, and

d. four hundred fifty dollars for the fourth and any subsequent violations;

Each day that a violation continues shall constitute a separate offense.

Read the second time and passed, approved and adopted by the Board of Aldermen of the City of Doniphan, Missouri, this day of , 2019.

Connie Teslow,

City Clerk

Approved on _, 2019.

Dennis Cox, Mayor

Attest:

Connie Teslow, City Clerk

TO BE INCLUDED IN CODE OF ORDINANCES

[NOTE: Areas in boldface type are new. All regular face type is in Existing Ordinance]

05-15-19