[Ord. No. 6022 §1(Att. A), §11.1, 7-8-2008]
A.
Special
developments are a distinct zoning district and are appropriate where
a development project is proposed to be large-scale and constructed
in multiple phases.
B.
Special
development designation is appropriate where a development project
is proposed on a lot or, when combined, a series of lots which total
at least three (3) acres in size and is unable to meet the established
zoning criteria due to unusual circumstances in project size, phasing,
configuration or particular design features. The special development
process provides the flexibility needed to encourage efficient use
of land and resources, promoting greater efficiency in public and
utility services while encouraging innovation in the planning and
building of a large-scale development which involves a multi-phased,
multi-year timeframe.
C.
The special development process is to enable compatible development, provide a public benefit as itemized in Section 405.1190 and achieve the following objectives:
1.
Allow for a complex, large scale project to be phased in a manner
advantageous to the City, developer and adjacent neighborhoods;
2.
Development of a large tract of land which is vacant or underutilized
in a coordinated manner;
3.
Creation of a more desirable environment than would be possible through
strict application of other City land use regulations designed for
smaller projects;
4.
Promotion of a creative approach to the use of land and related physical
facilities resulting in better design and development, including aesthetic
amenities;
5.
Combination and coordination of architectural styles, building forms
and building relationships covering different phases within a single
development project;
6.
Preservation and enhancement of desirable site characteristics such
as natural topography, vegetation and geologic features and the prevention
of soil erosion;
7.
Preservation of buildings which are architecturally or historically
significant or contribute to the character of the City;
8.
Use of design, landscape or architectural features to create a pleasing
environment;
9.
Inclusion of special features;
10.
Elimination of deteriorated structures or incompatible uses through
redevelopment or rehabilitation; and
11.
Facilitate implementation of the recommendations of the Business
Districts Master Plan, where applicable.
[Ord. No. 6022 §1(Att. A), §11.2, 7-8-2008]
A.
The
special development district is a zoning amendment intended to provide
a method of consideration for a multi-phased development in a unified
land plan that will improve the quality of the subject properties
and have a beneficial effect on adjacent areas.
B.
Rezoning
to a special development district is allowed only in areas where the
existing zoning designation is "C-1", "C-2", High Density Commercial
(HDC) and "S-1", inclusive.
[Ord. No. 6022 §1(Att. A), §11.3, 7-8-2008]
A special development plan shall be submitted which provides the general components of the proposed development. To ensure that various components of the project meet the criteria of the special development plan, subdistricts shall be required for each phase of the project. The subdistricts shall be identified as part of the rezoning for special development districts. In addition, each subdistrict shall be subject to the provisions of Article VIII of Chapter 405, "Site Plan Review" and Article III of Chapter 400, "Architectural Review".
[Ord. No. 6022 §1(Att. A), §11.4, 7-8-2008; Ord. No. 6754, 4-12-2022]
A.
In exchange for waivers of certain requirements of this Chapter,
public benefit shall be provided as determined by the Plan Commission
and Board of Aldermen. The public benefits to the City that are intended
to be derived from the approval of special developments may include,
but are not limited to:
1.
Use of large tracts of land in a manner which provides a cohesive
phased development and minimizes construction impact;
2.
Extraordinary landscaping and greenspace provisions;
3.
Garage entryways by virtue of their location, materials and
design that blend with the architecture of the surrounding neighborhood;
4.
Architectural distinction and significance that would make the
development noteworthy;
5.
Extensive use of high-quality building materials that would
add significant value to the property and benefit adjacent properties;
6.
Provision of new public infrastructure, including, but not limited
to, streets, curbs, sidewalks, sanitary sewers, stormwater sewers,
lighting, and public parking;
7.
Provisions for reduced sale price or rents for a percentage
of the residential units to encourage the goal of affordable housing,
if residential is proposed;
8.
Leadership in Energy and Environmental Design (LEED) certification
from the U.S. Green Building Council at a minimum "Certified" level
including applicable regional priorities or an equivalent nationally
recognized third-party verification organization as determined by
the Plan Commission;
9.
Enhancements to off-site City-owned parks or other public facilities
such as the replacement of recreation-related facilities or the installation
of streetscape meeting City standards where none currently exists.
[Ord. No. 6022 §1(Att. A), §11.5, 7-8-2008]
A.
An
applicant shall file an application for rezoning and Special Development
District on a form provided by the Department of Planning and Development
Services. When a project requires multiple approvals and plan sets
(such as site plan and architectural review), the applicant may submit
the same plans (combined plan sets) for all applicable approvals,
provided the combined sets include all of the information required
for each applicable project review. At the time that an application
is filed, the applicant shall pay a fee as required by the fee schedule
approved by the Board of Aldermen. The fee shall be paid to the City
of Clayton to the credit of the general revenue fund of the City.
B.
The application process for a designated Special Development District includes a request for rezoning pursuant to the provisions of Article XI "Text Amendments And Rezoning" of this Chapter. Rezoning must be completed concurrently with the approval process for the special development.
1.
Application and submission requirements for a Special Development
District. The Special Development District application shall
be submitted on a form provided by the Department of Planning and
Development Services accompanied by such number of copies of documents
as the Director of Planning and Development Services, or his/her designee,
may require for processing of the application and shall include at
a minimum the following general information:
a.
The applicant's name, address, telephone number and interest in the
property;
b.
Certification that the applicant is registered to do business in
the State of Missouri and is in good standing to develop the site;
c.
The owner's name, address and telephone number, if different than
the applicant, and the owner's signed consent to the filing of the
application;
d.
A certificate of disclosure of ownership interest;
e.
The street address and legal description of the subject property;
f.
The current zoning classification, proposed zoning district boundaries
and present use of the subject property;
g.
A vicinity map with north arrow, scale and date indicating the zoning
classifications and current uses of properties within two hundred
fifty (250) feet of the subject property;
h.
The proposed title of the project and the names, addresses and telephone
numbers of the architect, landscape architect, planner and/or engineer
on the project.
2.
Special development plan. The special development
plan shall be drawn at a scale of one inch equals twenty feet (1 inch
= 20 feet) or larger, unless otherwise approved by the Director of
Planning and Development Services, setting forth at least the following:
a.
The location, dimensions and total area of the site;
b.
Identification of each subdistrict within the special development
plan and a schedule stating the approximate beginning and completion
time for each subdistrict, including substantiation that each of the
phases identified will be constructed;
c.
The location and use of each proposed building or structure;
d.
The maximum height of each building or structure;
e.
The maximum number and type of dwelling units in each building and
the overall maximum dwelling unit density (if residential uses are
proposed);
f.
The location of permanent open spaces including landscape buffers;
g.
Graphics, including building massing diagrams, if requested by the
Director of Planning and Development Services;
h.
The minimum number and general location of parking spaces and loading
facilities;
i.
The general traffic circulation pattern within the area of the development,
including the location and description of public improvements to be
installed, including streets and future easements;
j.
A traffic impact analysis prepared by a registered traffic engineer
depicting the project's impact on vehicular and pedestrian traffic;
k.
A parking study if shared parking is proposed and a shadow study
if requested by the Director of Planning and Development;
l.
Other professional or technical studies or reports as may be required
by the Director of Planning and Development Services to clearly understand
the project. The applicant shall be responsible for any costs and/or
expenses incurred as a result of engaging such outside professional
assistance;
m.
The general drainage plan for the development;
n.
Copies of any restrictive covenants that are to be recorded with
respect to property in the proposed special development;
o.
A statement showing the relationship of the proposed special development
to the goals of the City's Master Plan, if applicable, or justification
for variations;
p.
A preliminary plat of survey of the parcel of land, lot(s), block(s)
or parts or portions thereof, drawn to scale, showing the actual dimensions
of the parcel, lot(s), block(s), or parts or portions thereof, according
to the registered or recorded plat of such land.
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Each drawing shall be sealed, signed and dated by the licensed
entity who prepared the drawing or under whose immediate personal
supervision the plan has been prepared. Revised plans and amended
or modified approved plans shall also be so authenticated by the licensed
entity who prepared the revision, amendment or modification to the
drawing or under whose immediate personal supervision the plan has
been revised, amended or modified.
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[Ord. No. 6022 §1(Att. A), §11.6, 7-8-2008]
A.
The approval criteria are designed to achieve the goals as set forth in Section 405.1160 of this Article. The Plan Commission shall recommend to the Board of Aldermen approval, approval with conditions or denial of the special development plan. In considering and acting upon the special development plan, the Plan Commission and Board of Aldermen shall take the following objectives into consideration through the special development process:
1.
The proposed development, including proposed phases and schedule, is in harmony with general purposes and intent of Chapter 405 of the Municipal Code and is compatible with and implements the planning goals and objectives of the City;
2.
Streets or other means of access to the proposed development meet
City of Clayton standards and are suitable to carry anticipated traffic;
3.
The internal circulation system of the proposed development encourages
safe movement for vehicles and pedestrians;
4.
Existing or proposed utility services are adequate for the proposed
development;
5.
Appropriate buffering is provided to protect adjacent land uses from
light, noise and visual impacts;
6.
The proposed development preserves unique environmental features
of the property;
7.
The proposed height, arrangement and uses of the proposed development
are compatible with the surrounding neighborhood and the City as a
whole;
8.
The proposed development complies with all other applicable codes
and ordinances.
[Ord. No. 6022 §1(Att. A), §11.7, 7-8-2008]
Upon the review of an application and plans, the Director of Planning and Development Services, or his/her designee, shall notify the applicant of any deficiencies and/or modifications necessary to perfect the application. Once the submittal is deemed complete, the application is forwarded to the Plan Commission and Board of Aldermen for their consideration and approval, respectively. The application for a special development district shall be reviewed and decided upon in accordance with the procedures for a zone change established by Article XI "Text Amendments And Rezoning" of this zoning ordinance. Approval of the special development district is determined solely in the legislative discretion of the Board of Aldermen. Once approved, the special development district plan and subdistricts become the specific zoning regulations of the property.
[Ord. No. 6022 §1(Att. A), 11.8, 7-8-2008]
A.
The
Board of Aldermen may impose such conditions and limitations as may
be necessary or appropriate to prevent or minimize adverse effects
upon other property and improvements in the vicinity of the special
development district, upon the City as a whole or upon public facilities
and services. These conditions may include, but are not limited to,
conditions concerning use, construction, character, location, landscaping,
screening, parking, maintenance, operational elements that would impact
adjoining land uses and other matters relating to the purposes and
objectives of these regulations. Such conditions shall be expressly
set forth in the ordinance authorizing the special development plan.
Violation of any such condition or limitation shall be a violation
of these regulations and subject the offender to the penalties prescribed
for the violation of this Chapter. Additionally, violation of any
such condition or limitation shall be a violation of these regulations
and shall constitute grounds for revocation of the approval authorizing
the special development.
B.
The
ordinance approving a special development shall contain a legal description
of the property subject to the special development. The ordinance,
along with the development plan, shall be recorded by the applicant
in the office of County Recorder of Deeds. The applicant must present
proof of such recording before any permits may be issued.
C.
Following special development approval, the special development plan and the associated subdistrict plans, rather than any other provision of Chapter 405, shall govern the use, parking, loading, sign, bulk, space and yard regulations applicable to the subject property, and no use or development, other than temporary uses, shall be permitted within the area of the special development district pursuant to the zoning district regulations otherwise applicable to such area.
[Ord. No. 6022 §1(Att. A), §11.9, 7-8-2008]
A.
In
addition to approval of the special development plan by the Board
of Aldermen, the applicant shall be required to submit a subdistrict
development plan for each identified phase which provides detailed
information related to a specific phase of the development. The subdistrict
development plan shall be in substantial conformance with the special
development plan as determined by the Board of Aldermen upon recommendation
of the Plan Commission. The subdistrict development plan shall be
in addition to any other required approvals such as site plan review
or architectural review and may be submitted concurrently.
1.
Subdistrict development plan. The subdistrict development
plan to be considered for each phase shall be drawn at a scale of
one inch equals twenty feet (1 inch = 20 feet) or larger, unless otherwise
approved by the Director of Planning and Development Services, setting
forth at least the following:
a.
The location, dimensions and total area of the phase under consideration;
b.
The location and use of each proposed building or structure, including
floor areas and height of each in the subject phase;
c.
The number and type of dwelling units in each building and the overall
dwelling unit density (if residential uses are proposed);
d.
A separate landscape plan in accordance with Article XXX: Trees and Landscaping Regulations;
[Ord. No. 6430 §1, 6-14-2016]
e.
Architectural drawings including exterior elevations, floor plans
and cross sections for each of the buildings/structures in the subject
phase;
f.
The number and location of parking spaces and loading facilities
associated with the subject phase;
g.
The traffic circulation pattern within the subject phase, including
the location and description of public improvements and streets to
be installed;
h.
Verification that the traffic impact has not substantially changed
from the special development plan approval and that the subdistrict
plan provides the mitigation measures as required in the original
Traffic Impact Study;
i.
The drainage plan for the development phase;
j.
Copies of any restrictive covenants or easements/dedications that
are to be recorded with respect to property in the proposed subdistrict
phase plan;
k.
Depictions on plans showing the subdistrict phase plan is in compliance
with approved special development district plan;
l.
A plat of survey of the parcel of land, lot(s), block(s) or parts
or portions thereof, drawn to scale, showing the actual dimensions
of the parcel, lot(s), block(s) or parts or portions thereof according
to the registered or recorded plat of such land;
m.
Other professional or technical studies or reports as may be required
by the Director of Planning and Development Services to clearly understand
this phase of the project. The applicant shall be responsible for
any costs and/or expenses incurred as a result of engaging such outside
professional assistance.
2.
Each drawing shall be sealed, signed and dated by the licensed entity
who prepared the drawing or under whose immediate personal supervision
the plan has been prepared. Revised plans and amended or modified
approved plans shall also be so authenticated by the licensed entity
who prepared the revision, amendment or modification to the drawing
or under whose immediate personal supervision the plan has been revised,
amended or modified.
[Ord. No. 6022 §1(Att. A), §11.10, 7-8-2008]
A.
The approval criteria are designed to achieve the goals of the special development plan as set forth in Section 405.1160 of this Article. The Plan Commission shall recommend to the Board of Aldermen approval, with conditions or denial of the subdistrict development plan. In considering and acting upon development plans, landscape plans and other applicable plans, the Plan Commission shall take the following objectives into consideration through the special development process:
1.
The proposed development is consistent with the special development
plan for this site;
2.
Streets or other means of access to the proposed phase of development
meet City of Clayton standards and are suitable and adequate to carry
anticipated traffic;
3.
The internal circulation system of the proposed phase encourages
safe movement for vehicles and pedestrians and is in compliance with
the special development plan;
4.
Existing or proposed utility services are adequate for the proposed
subdistrict and is in conformance with the special development plan;
5.
Appropriate buffering is provided to protect adjacent land uses from
light, noise and visual impacts;
6.
Architecture and building materials are consistent with the design
of the special development plan, are consistent with other phases
and are compatible with the adjacent neighborhood;
7.
Trees and landscaping are appropriate with the scale of the development and consistent with Article XXX: Trees and Landscaping Regulations.
[Ord. No. 6430 §1, 6-14-2016]
8.
Topography. Every attempt shall be made to preserve
the topography of the property. If the topography must be altered
to accommodate construction, the plan must contain specific information
regarding the proposed topography change and its impact on the flow
of drainage on adjacent properties.
9.
New plantings. New developments should be screened
from adjacent properties by use of high caliper tree plantings.
[Ord. No. 6430 §1, 6-14-2016]
10.
Tree preservation. The preservation of mature trees
is encouraged.
[Ord. No. 6430 §1, 6-14-2016]
11.
The materials, design and uses are compatible with the neighborhood
surrounding the proposed development phase and the City as a whole.
12.
The proposed development phase complies with all other applicable
codes and ordinances.
[Ord. No. 6022 §1(Att. A), §11.11, 7-8-2008]
Upon the review of an application and plans, the Director of Planning and Development Services, or his/her designee, shall notify the applicant of any deficiencies and/or modifications necessary to perfect the application. Once the submittal is deemed complete, the application is forwarded to the Plan Commission and Board of Aldermen for their consideration and approval, respectively. The application for a subdistrict development plan shall be reviewed and decided upon in accordance with the criteria outlined in Section 405.1230 of this Article. Approval of the subdistrict development plan is determined by consideration of the phase's compliance with the special development plan and good planning practices in the legislative discretion of the Board of Aldermen.
[Ord. No. 6022 §1(Att. A), §11.12, 7-8-2008]
In the event the Board of Aldermen denies an application for
a special development district, no request for hearing upon the same
application or substantially similar application will be accepted
for a period of at least one (1) year from the date of denial by the
Board of Aldermen.
[Ord. No. 6022 §1(Att. A), §11.13, 7-8-2008]
An aggrieved party may, within fifteen (15) days of the decision
for which redress is sought, file with the Board of Aldermen a written
request for reconsideration and appeal of any decisions of the Board
of Aldermen under this Article. The written request must set forth
in a concise manner the decision being appealed and all grounds known
to the appellant as to wherein and why the decision is allegedly in
error. The request for reconsideration and appeal must be filed with
the City Clerk within the time specified above. A copy of the request
and any supporting documents or materials filed by aggrieved party
must be served by the aggrieved party on the applicant (if different
than the aggrieved party) by certified U.S. mail, return receipt requested,
within three (3) days of filing with the City Clerk. Proof of service
on the applicant must be filed with the City Clerk within six (6)
days of filing of the request. The Board of Aldermen may consider
the appeal on the record of the prior decision or may, at its sole
discretion, receive additional evidence in such manner as it deems
appropriate in light of the circumstances.
[Ord. No. 6022 §1(Att. A), §11.14, 7-8-2008]
There shall be no time limit on an approved special development
plan; however, the subdistrict development plan shall be valid for
a period no longer than one (1) year after approval by the Board of
Aldermen unless a building permit is issued and construction is actually
begun and is diligently pursued within that period. A written request
for an extension of a subdistrict development plan must be received
by the City Clerk not less than forty-five (45) days prior to the
expiration of the original one (1) year period. The applicant shall
bear the burden of providing just cause for delay, proof that the
project remains the same and proof that no circumstances bearing on
the suitability of the project have changed. Approval of a request
for an extension is at the sole discretion of the Board of Aldermen.
[Ord. No. 6022 §1(Att. A), §11.15, 7-8-2008]
A.
The
approval of a proposed special development by the Board of Aldermen
shall not authorize the establishment or extension of any use nor
the development, construction, reconstruction, alteration or moving
of any building or structure, but shall authorize the preparation,
filing and processing of applications for any permits or approvals
that may be required by the regulations of the City including, but
not limited to, a building permit, certificate of occupancy and, where
applicable, subdivision approval.
B.
Building
permits shall be issued in accordance with the approved subdistrict
development plan. A copy of the approved subdistrict plans shall be
retained in the records of the Department of Planning and Development
Services and all building and occupancy permits issued by the Director
of Planning and Development Services, or his/her designee, shall conform
to the provisions of the approved subdistrict development plan.
[Ord. No. 6022 §1(Att. A), §11.16, 7-8-2008]
The City shall have the authority to order the abatement, removal
and/or conformity of any special development, including subdistricts,
or any portion thereof that is contrary to any of the conditions and/or
provisions of the approved special development. Provided however,
that the property owner was first served with an order to abate, remove
and/or bring into conformity the violation(s), and the property owner
failed to comply with the order within ten (10) days of receiving
the order and following a public hearing held in accordance with this
Article. If the construction is deemed hazardous by the City, immediate
action may be taken by the City to correct the situation.
[Ord. No. 6022 §1(Att. A), §11.17, 7-8-2008]
A.
No
adjustment shall be made in the construction, development or use without
a new application under the provisions of these regulations. However,
minor adjustments may be made subject to written approval by the City
Manager. Additionally, a request for an extension to the date of completion
may be approved by the Board of Aldermen upon recommendation from
the Director of Planning and Development Services.
B.
Minor Adjustments.
1.
The City Manager may authorize minor adjustments to the approved
subdistrict development plan when such adjustments appear necessary
in light of technical or engineering considerations. Such minor adjustments
shall be limited to the following elements:
a.
Adjusting the distance as shown on the approved subdistrict development
plan between any one (1) structure or group of structures and any
other structure or group of structures, or any vehicular circulation
element or any boundary of the site.
b.
Adjusting the location of any open space.
c.
Adjusting any final grade.
d.
Altering the types of landscaping elements and their arrangement
within the required landscaping buffer area.
e.
The City Manager may decline to approve such minor adjustments if
he/she deems the changes are significant and refer the application
to the Board of Aldermen (see Major Amendments).
2.
Such minor adjustments shall be consistent with the intent and purpose
of these regulations and the approved special development plan and
subdistrict development plan, and shall be the minimum necessary to
overcome the particular difficulty and shall not be approved if such
adjustments would result in a violation of any standard or requirement
of these regulations.
C.
Major Amendments.
1.
All major amendments to the approved subdistrict development plan
will require a public hearing held by the Board of Aldermen and notice
to all property owners whose properties are located within two hundred
(200) feet of the special development subdistrict. A request for an
amendment to the approved subdistrict development plan shall be considered
a major amendment, only if the following apply:
a.
An increase or decrease in square footage or density from the original
proposal;
b.
Change in the number of parking spaces from the original approval;
c.
Changes in proposed land uses (office become retail/restaurant);
d.
Significant changes to the site, landscaping and/or streetscape;
e.
The amendment requires a modification of any written conditions of
approval or recorded easements;
f.
Upon finding that any changes in the plan as approved will not be
in substantial conformity with the approved subdistrict development
plan.
2.
If the Board of Aldermen determines that a major amendment is not
in substantial conformity with the approved subdistrict development
plan, then the Board of Aldermen shall review the request and approve
or disapprove the amendment. The fee for a major amendment to the
approved subdistrict development plan shall be as set forth in the
fee schedule as approved by the Board of Aldermen.
