[Ord. No. 18-12, 12-11-2018]
A.
Any district that is to be zoned as a planned district after the effective date of this Chapter and any Area Plan, final development plan or section plan must be amended and approved in accordance with this Article X.
B.
In order that the purpose of the planned district may be realized,
the land and buildings and accessory facilities of each tract so zoned
shall be in single ownership or under the management or supervision
of a central authority or otherwise subject to such supervisory lease
or ownership control as may be necessary to carry out the provisions
of this Section.
C.
In order to ensure that the intent of this Article X is complied with, every Area Plan must meet the minimum area specified in the existing or proposed planned district and in no case may the area being considered for development omit a piece of property owned by the applicant which is less acreage than the required minimum acreage for the planned district.
[Ord. No. 18-12, 12-11-2018]
A.
The amendment of an Area Plan or the zoning of a planned district
or the approval of an Area Plan must be initiated by an application
with the proposed Area Plan, accompanied by the required fee and filed
with the City Clerk or other official designated by the Board of Aldermen.
The application must be verified by the owner or owners of record
of the contract purchasers.
B.
The Application Must Include The Following Information. The City
may require that this information be included on or filed with designated
forms:
1.
The name of the proposed development.
2.
Names, addresses and phone numbers of the owner(s) of record
and engineer, surveyor or designer responsible for the planning, engineering,
survey and design.
3.
Acreage in the entire Area Plan.
4.
Legal description of the entire Area Plan and identification
of the Area Plan on a three (3) inch by five (5) inch locator map.
5.
Five (5) copies of proposed deed restrictions, protective covenants
and homeowner's association articles of incorporation and bylaws.
6.
Signature(s) of applicant(s) and owner(s) certifying the accuracy
of the requested information.
7.
Payment of the required application fee.
8.
A parcel map obtained from the St. Charles County Mapping and
Platting Office outlining the property to be rezoned.
9.
A recent certificate of title to the property showing ownership.
10.
A list containing the names and addresses of all owners of property
located within one hundred eighty-five (185) feet of the property.
11.
Any additional information deemed necessary by the Zoning Commissioner,
City Planner, City Engineer or City Stormwater Manager.
C.
The application must be accompanied by twenty-six (26) copies of
the proposed Area Plan drawn at appropriate scale showing:
1.
Name of the proposed development.
2.
Scale, date and north arrow, with a scale not smaller than one
(1) inch equals fifty (50) feet.
3.
A key map showing the Area Plan in relation to the surrounding
area.
4.
Property lines.
5.
Within one hundred eighty-five (185) feet of the proposed development,
names of adjacent subdivisions, property lines, layout of streets
(with names), rights-of-way widths, connections with adjoining platted
streets, widths and locations of alleys, easements and public sidewalk
adjacent to or connecting with the tract, location and size of all
existing sanitary sewer, storm sewer and supply facilities.
6.
Existing conditions in the plan area showing all utilities,
bridges, streets, drives or alleys and existing structures.
7.
Existing topography (at least five (5) foot contour intervals).
All topographic data shall directly relate to United States Geological
Service (U.S.G.S.) data.
8.
Identification of the planned district zoning requested and
the zoning district of all adjacent properties. If the project contains
more than one (1) use or zoning district, the boundary lines between
uses or districts must be clearly indicated. A separate legal description
of each parcel designated for a particular use.
9.
Boundary lines of school districts, fire districts, water districts
and municipal limits must be identified on plan where applicable.
10.
The general plan layout of the entire planned district showing
proposed land uses, streets, parking areas, green space areas and
sidewalks with significant dimensions indicated where appropriate
to clarify the plan.
11.
All planned use areas must be clearly labeled as to the proposed
use and all parcels of lands to be dedicated or reserved for public
use or for use in common by property owners in the planned district
shall be indicated on the plan dedication or reservation.
12.
Proposed stages of development.
13.
14.
Tree plan.
15.
Any additional information deemed necessary by the Zoning Commissioner,
City Engineer, City Planner or City Stormwater Manager to adequately
illustrate the proposed development.
[Ord. No. 18-12, 12-11-2018]
A.
The proposed Area Plan or amendment to an Area Plan shall be referred
to the Planning and Zoning Commission for study, a public hearing
thereon, and recommendation and report to the Board of Aldermen.
B.
The Planning and Zoning Commission shall not act on any proposed
Area Plan or amendment to an Area Plan before holding a public hearing
thereon. Prior to holding a public hearing on any proposed plan, at
least fifteen (15) days' written notice thereof shall be given to
all property owners within one hundred eighty-five (185) feet of the
boundary of the premises under consideration and at least fifteen
(15) days' written notice thereof shall be given in a newspaper of
general circulation.
C.
After holding a public hearing on any proposed Area Plan or amendment
to an Area Plan, the Planning and Zoning Commission shall submit its
report of such action to the Board of Aldermen for the Board's consideration
and action. Said report shall include all documents comprising the
proposed plan referred to the Planning and Zoning Commission, the
recommendation of the Planning and Zoning Commission with respect
to such proposed plan, the reasons for approval or denial of such
proposed plan.
D.
If no report or recommendation is transmitted by the Planning and Zoning Commission within seventy-five (75) days from the date that the application is first reviewed by the Planning and Zoning Commission at a regular meeting, the Board of Aldermen may take action on such proposed plan even though the Planning and Zoning Commission has not submitted its report or recommendation to the Board. If the Planning and Zoning Commission fails to hold a public hearing required by Section 405.350(B), the Board may assume that responsibility and hold such a hearing after providing the requisite notice.
E.
Upon receipt of the Planning and Zoning Commission's report and recommendation,
the Board shall pass a motion to approve, approve with conditions,
or deny the application. The Board shall approve Area Plans or amendments
to an Area Plan by ordinance. The ordinance shall govern the permitted
uses, any specific site conditions or requirements, and any changes
to the City's Zoning District Map, if applicable. The approved Area
Plan or amended Area Plan shall be included in the governing ordinance
as "Attachment A."
F.
Final approval of an Area Plan and any rezoning requested in conjunction
with an Area Plan shall vest with the recording of the Final Area
Plan with the County Recorder of Deeds.
G.
An Area Plan and rezoning, if rezoning was included in the application, shall expire within twelve (12) months of the date approved unless a final development plan or section plan is submitted in accordance with Section 405.355 — 405.370 or an extension is granted by the Planning and Zoning Commission and Board of Aldermen. Extensions shall be granted in twelve-month intervals or as approved by the Planning and Zoning Commission and Board of Aldermen. It shall require an affirmative two-thirds (2/3) majority vote of the Board of Aldermen to overturn a negative recommendation of the Planning and Zoning Commission.
[Ord. No. 18-12, 12-11-2018]
A.
Minor Area Plan Amendments. Minor, technical and mechanical changes to the Area Plan may be approved administratively by the Zoning Commissioner, with the concurrence of the City Engineer, the City Planner and the City Stormwater Manager, so long as the changes to the Area Plan do not constitute a substantive change (as defined in Chapter 402). In the event that City staff (the City Planner, City Engineer, City Stormwater Manager and Zoning Commissioner must all concur) cannot agree on whether or not the proposed change constitutes a substantive change, the application shall go before the Planning and Zoning Commission for a recommendation and then the Board of Aldermen to make the final determination. Within seven (7) days of minor Area Plan amendment approval, the Zoning Commissioner will advise the Chairman of the Planning and Zoning Commission and the Board of Aldermen of said change to the Area Plan in writing.
B.
Substantive Area Plan Amendments. Substantive changes (as defined in Chapter 402) to an Area Plan shall require the Area Plan to go through the City's standard Area Plan review process including submittal of an amended Area Plan application to the City, a favorable recommendation from Planning and Zoning Commission and approval from the Board of Aldermen.
[Ord. No. 18-12, 12-11-2018]
A.
Requirements for final development plans and section plans shall
be as follows:
1.
Final development plans and section plans must include, in addition
to specific information required by the ordinance authorizing the
development, the following general information:
a.
Outboundary survey and legal description of the property, with
a scale not smaller than one (1) inch equals fifty (50) feet.
b.
Location of all roadways adjacent to the property and general
location, size and pavement widths of all interior roadways.
c.
General design of the development including unit types (i.e.,
single-family detached, single-family attached, apartment), number
of each unit type proposed, location of units, minimum and maximum
size of single-family lots, approximate size of multiple-family structures
and location and size of common areas and recreation facilities.
d.
Location and size of any commercial uses; types of uses proposed
and general parking layout.
e.
Zoning district lines and floodplain boundaries.
f.
Density calculations.
2.
The Planning and Zoning Commission must determine if the Final
Development Plan or Section Plan complies with the conditions of the
ordinance authorizing the development. The Planning and Zoning Commission's
recommendation of the Final Development Plan or Section Plan shall
also be based upon whether the Plan is consistent with good general
planning practice, consistent with good site planning, can be constructed
and operated in a manner that is not detrimental to the permitted
uses in the district, would be visually compatible with the uses in
the surrounding area and is deemed desirable to promote the general
welfare of the City of Weldon Spring. The Planning and Zoning Commission
must also consider architectural, landscape and other relationships
which may exist between the proposed development and the character
of the surrounding neighborhood and must prescribe or require such
physical treatment or other limitations as will, in its opinion, enhance
the neighborhood character.
3.
A section plan for each phase of the Area Plan must be submitted
to the Planning and Zoning Commission for review and approval. The
one (1) exception is for section plans for residential lots equal
to or greater than three (3) acres in size within the "PR" Planned
Residential zoning district. These section plans shall be reviewed
administratively by the Zoning Commissioner with the advice and concurrence
of the City Engineer, the City Planner and the City Stormwater Manager.
In the event that City staff (the City Planner, City Engineer, the
City Stormwater Manager and Zoning Commissioner must all concur) cannot
agree on whether or not to approve the proposed section plan, the
application shall go before the Planning and Zoning Commission for
a favorable recommendation and then the Board of Aldermen to make
the final determination. All section plans must contain information
required by the ordinance establishing the planned district as well
as all information required for a preliminary plat by the City's Subdivision
Regulations.
4.
The Planning and Zoning Commission shall submit its recommendation
on each final development plan and section plan to the Board of Aldermen.
This recommendation shall be voted on by the Planning and Zoning Commission
within sixty (60) days of the date that the plan is submitted to it.
The Planning and Zoning Commission may restart this sixty-day review
period upon a two-thirds (2/3) vote of the entire Commission if the
Commission determines that a complete application has not been received
by the Commission at least ten (10) days prior to the second (2nd)
regular meeting of the Commission at which the application is to be
heard. Moreover, this recommendation may be delayed by up to forty-five
(45) additional days at the request of the developer in order to make
modifications to the plan or provide additional information to the
Commission. If the Planning and Zoning Commission does not recommend
approval or denial of a final development plan or a section plan within
sixty (60) days from the date that the plan is submitted to it, except
as such sixty-day period may be extended as provided for in this paragraph,
the Board of Aldermen may approve or deny such plan even though the
Planning and Zoning Commission has taken no action.
5.
Upon receipt of the recommendation from the Planning and Zoning
Commission, or after seventy-five (75) days of the Planning and Zoning
Commission's first (1st) review of the final development plan or section
plan if no recommendation has been forwarded to the Board of Aldermen,
the Board shall review the application and approve it, approve it
with conditions, deny it or send it back to the Planning and Zoning
Commission with instructions for further review. If the application
is denied, the Board shall provide reasons, in writing, for the denial.
6.
All Plans Shall Be Retained On File By The City Clerk. An approved
final development plan will constitute an approved preliminary plat
for purposes of the land Subdivision Regulations. No building permits
or authorization for improvement or development for any use authorized
under provisions of the ordinance governing the tract shall be issued
prior to approval of such plans.
7.
Where elements within the designated planned district boundary
are necessary to the support of a given section, but not included
within the section boundary, these elements shall be included on a
site plan accompanying, or a part of, the section plan.
[Ord. No. 18-12, 12-11-2018]
A.
Maintenance. All paved and landscaped areas shall, at all times,
be kept in good repair and in excellent condition in accordance with
this and other ordinances. The continuous maintenance of said areas
is to be the responsibility of the owners and lessees of the property.
B.
Landscaping. All landscaping plant materials shall be kept alive
and in excellent condition.
C.
Lighting. All lighting shall be served with underground cable. All
lighting shall comply with the City's lighting ordinance.
D.
Access Requirements. All developed parcels, except those developed
for single-family, shall be provided interior drives with a minimum
width of pavement of twenty-four (24) feet. Driveway openings shall
be limited to not more than thirty-six (36) feet in width and shall
be limited to one (1) drive per three hundred (300) feet of lot width.
All roads and drives shall be paved with concrete or asphaltic concrete
material as specified by the City Engineer. Concrete curbs shall be
provided along all drives that do not abut parking spaces. All parking
areas shall be edged with concrete curbs. Surface or underground storm
drainage facilities shall be provided for all roads, drives and parking
areas as approved by the City Engineer. All storm drainage will be
directed into established surface or underground storm drainage facilities.
E.
Underground Utilities. Telephone, electric power, cable television
and all other utilities, except surface stormwater facilities, shall
be located underground. Stormwater facilities may be located underground
or at the surface. Except, however, that the following shall be excluded
from this requirement:
1.
Antennae, associated equipment and supporting structures used
by a utility or communication service provider for furnishing communication
services.
2.
Equipment appurtenant to underground facilities, such as surface-mounted
transformers, pedestal-mounted terminal boxes and meter cabinets and
concealed ducts.
3.
Temporary poles, overhead wires and associated overhead structures
used for a period not to exceed six (6) months which are necessary
to provide utility service until the permanent service is completed.
4.
Poles, wires and controller cabinets necessary for the operation
of traffic signals.
5.
Poles, overhead wires and associated overhead structures used
for the transmission of electric energy at nominal voltages in excess
of thirty-four thousand five hundred (34,500) volts.
[Ord. No. 18-12, 12-11-2018]
A.
In considering whether or not such application for a planned district
should be granted, it shall be the duty of the Planning and Zoning
Commission and the Board of Aldermen to give consideration to the
effect of the requested use on the health, safety, morals and general
welfare of the residents of the area in the vicinity of the property
in question and the residents of the City generally. In considering
the planned use or uses, the Planning and Zoning Commission and the
Board of Aldermen should consider the following:
1.
The appropriateness of the proposed use or uses for the site
in terms of land patterns in the entire City and the City's Comprehensive
Plan.
2.
The compatibility with surrounding uses and the surrounding
neighborhood, including any substantial impact on property values.
3.
The comparative size, floor area, mass and general appearance
of the proposed structures in relationship to adjacent structures
and buildings in the surrounding properties and neighborhood.
4.
The amount of traffic generated by the proposed use or uses
and the relationship to the amount of traffic on abutting streets
and on minor streets in the surrounding neighborhood in terms of the
street's capacity to absorb the additional traffic and any significant
increase in hourly or daily traffic levels.
[Ord. No. 18-12, 12-11-2018]
After any section plan or final development plan is approved
by the Board of Aldermen, the applicant shall submit detailed construction
plans to the City Engineer for review and approval. These construction
plans shall be reviewed to determine compliance with the approved
Area Plan and final development plan or section plan, all other applicable
City ordinances and all other City standards. No land use permit shall
be issued until the City Engineer has approved the construction plans.
[Ord. No. 18-12, 12-11-2018]
Failure to comply with the time limits set forth in Section 405.040, Vested Rights, or as extended by the Planning and Zoning Commission and Board of Aldermen for the final site development/section plan or for commencement of construction in accordance with the requirements of this Zoning Code and the ordinance approving the planned development shall result in the rescission by operation of law of the ordinances approving the final development plan or final section plan for the development.
