[Ord. No. 99-99 §1, 7-12-1999]
The general purpose of this Article of the Unified Development Ordinance is to permit greater flexibility and more creative and imaginative design for the development of mixed land uses that is generally possible under conventional zoning regulations. This district is intended to promote a more economical and efficient use of land, to provide a harmonious variety of housing choices, to provide greater flexibility in the placement of buildings, to preserve the natural scenic qualities of open space, and to utilize the best potentials for site development relating to such features as topography, geography, and the size and shape of properties.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007]
A. 
Improve Development Design.
1. 
By providing a planned mixture of land uses while maintaining adequate open space, common facilities, and buffers between uses.
2. 
By permitting land use designs that incorporate natural terrain features, to preserve natural open spaces and encourage the philosophy of design with nature.
B. 
Address And Accommodate Housing Needs.
1. 
By providing a mixture of housing types while maintaining density standards to protect residents from overdevelopment.
2. 
By allowing zero (0) lot line development to reduce housing costs.
C. 
Establish, Maintain And Strengthen The Neighborhood Concept In The Community Setting.
1. 
By allowing non-residential uses within the planned unit development, thereby discouraging strip commercial development.
2. 
By encouraging pedestrian and non-motorized vehicle paths and ways utilizing natural terrain features rather than traditional design.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(33), 10-1-2003; Ord. No. 05-015 §1, 2-1-2005; Ord. No. 06-002 §1, 1-10-2006]
All permitted uses, accessory uses, conditional uses, and on-premises signs of the following districts are permitted in accordance with their respective district requirements and subject to the provision for the review standards of development and approval by the Planning and Zoning Commission and County Council:
"PUD" Overlay District Designated in District
Uses Permitted by the Following Districts
"RR", "R1A", "R1B", "R1C", "R1D", "R1E", "A" only those approved prior to the enactment of this UDO (August 23, 1999)
"RR", "R1A", "R1B", "R1C", "R1D", "R1E", "R2", "R3A", "R3B", "CO", "C1"
"R2"
"R1A", "R1B", "R1C", "R1D", "R1E", "R2", "R3A", "R3B", "CO", "C1"
"R3A", "R3B"
"R1A", "R1B", "R1C", "R1D", "R1E", "R2", "R3A", "R3B", "CO", "C1"
"CO", "C1"
"CO", "C1", "C2"
"C2"
"CO", "C1", "C2", "I1"
"I1"
"R3A", "R3B", "CO", "C1", "C2", "I1"
"I2"
"CO", "C1", "C2", "I1", "I2"
All uses permitted, as listed above, shall comply with the procedures and standards of each respective district, and of this Article of the Unified Development Ordinance. Any conflicts between the respective zoning district regulations and the regulations of this Article, and the regulations, standards, and procedures of the Planned Unit Development "PUD" Overlay District Article, shall prevail.
[1]
Editor's Note—In ord. no. 10-041 §2, District "C3" was repealed, the references to said district were editorially removed after conferring with the county.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(34), 10-1-2003; Ord. No. 10-041 §15, 6-2-2010]
A. 
For all zoning districts, the minimum area required will be ten (10) acres for establishing a "PUD" Overlay District in each of the respective zoning designations.
B. 
In calculating the minimum area for a "PUD" Overlay District, the measurements shall not include any existing dedicated streets, roads, or detention basins.
C. 
A minimum of fifteen percent (15%) of the total project area must be dedicated as open space. All areas within the floodway must be platted as common ground. Pre-developed slopes of five (5) horizontal to one (1) vertical or more shall remain undisturbed and platted as common ground or subject to enforceable non-disturbance restrictions shown on and approved with the Preliminary Plat pursuant to Section 405.223. The Director of the Division of Planning and Zoning may waive the common ground and non-disturbance restrictions requirement for slopes between five (5) horizontal to one (1) vertical and two (2) horizontal to one (1) vertical (50%), if a geotechnical report conforming to the requirements of Section 40.60 of the St. Charles County Highway Department Design Criteria for the Preparation of Improvement Plans as issued in February, 2002, or as amended thereafter, is submitted and approved along with the improvement plans required by Section 405.235. The decision of the Director of the Division of Planning and Zoning may be appealable by the applicant to the County Council.
[Ord. No. 19-024, 4-8-2019]
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 03-195 adopted 12-31-2003.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-015 §1, 2-1-2005; Ord. No. 10-041 §16, 6-2-2010]
A. 
For purposes of this Subsection (or other designation), "projected area" means the total area of the "PUD" Overlay District, less the area to be dedicated, for street right-of-way and detention basins.
B. 
To enhance the attractiveness of developing under PUD regulations, the applicant may be eligible for a maximum increase of twenty-five percent (25%) in the total number of dwelling units to be developed under a rezoning to a "PUD" Overlay District. Percentage increases in the number of dwelling units are to be applied individually and treated as additive, and not compounded. Such percentage increases in density may be recommended by the Planning and Zoning Commission and approved by the Governing Body, according to the following:
Maximum Percentage Increase
Design Element
2%
Provision of pedestrian ways and bicycle paths beyond conventional sidewalk requirements, as required in Chapter 410 of this Title.
2%
Provision of tree and shrub planting, including peripheral and interior screening, fences, the landscaping of parking lots, and the use of existing trees in the plan.
2%
Building site designs and placements which advance the conservation of natural terrain, and minimize future water runoff and erosion problems.
3%
Recreational facilities, not to exceed one percent (1%) for each: swimming pool, tennis court, community center, or clubhouse building.
3%
At least twenty-five percent (25%) of the projected area is to be devoted to improved usable open space.
3%
The dedication of a minimum of five percent (5%) of the net development area to be utilized as a school site, a park, or a site for public building.
10%
Provision of mixed income housing, upon a showing by the applicant and a finding by the Governing Body that the proposed planned unit development serves the public interest in the provision of mixed income housing.
The net development area (dwelling units) which may be constructed within a "PUD" Overlay District shall be determined by dividing the project area by the required lot area by dwelling unit, which is required by the zoning district in which the PUD is located, or as modified in the Project Area Densities Subsection. Notwithstanding any other provision of the UDO to the contrary, property zoned or used commercially shall not be used to calculate allowable density in residential areas of the PUD.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 19-024, 4-8-2019[1]]
A. 
In a "PUD" Overlay District, all land not: (1) subdivided into lots or used as the building site for multi-family dwellings, (2) used for existing public or private roads, streets, privately maintained off-street parking facilities, (3) used for existing drainage and utility easements, (4) used for potential or existing school sites, (5) used for existing retention or detention basins, and drainage canals, or (6) used for existing recreational facilities, shall be deemed "common ground" and have ownership vested with a non-profit property owners' association. The association shall maintain the common ground and any buildings, recreational facilities, detention and retention basins, sidewalks, or private streets constructed upon it under the approved plans for the PUD. The homeowners' association shall levy assessments among all owners of lots and all owners of condominiums for the purpose of raising funds to:
1. 
Maintain the common ground, recreational facilities, retention and detention facilities, etc.
2. 
Pay real estate taxes assessed on the common ground.
3. 
Pay for any insurance premiums on the common ground.
4. 
Pay for any improvements which the homeowners' association deems necessary or desirable for the common ground and all buildings and facilities upon it.
[1]
Editor's Note: Ord. No. 19-024 also changed the title of this Section from "Maintenance, Management and The Use of Open Space in A "PUD" to "Maintenance, Management And The Use Of Common Ground In A "PUD"."
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(35), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007]
A. 
The County Planning and Zoning Commission shall review the proposed PUD for conformity with the adopted Master Plan for unincorporated St. Charles County, and recognized principles for architecture, design, and site planning. The Planning and Zoning Commission may vary the height, area and lot requirements of the zoning district in which the development is located. However, no deck or enclosed room addition may extend closer than fifteen (15) feet to the rear property line within a "PUD" Overlay District. It will be the responsibility of the Planning and Zoning Commission to ensure an appropriate relationship between the uses of high intensity and height within the "PUD" Overlay District and the uses of low intensity or height, existing or future, outside the proposed "PUD" Overlay District. The Planning and Zoning Commission may also require compliance with the respective district regulations for minimum lot sizes, yard setbacks, and maximum heights inside of and near the boundaries of the "PUD" Overlay District.
B. 
The planning staff of the County Division of Planning and Zoning shall present a written report to the Planning and Zoning Commission and the Governing Body on the proposed "PUD", and the report shall comment specifically on the following:
1. 
General compliance with the Master Plan for unincorporated St. Charles County.
2. 
Compliance with the Intent and Objectives of a Planned Unit Development as set forth in Sections 405.185 and 405.190 of Article X.
3. 
The adequacy of proposed facilities serving the development, including sanitary sewers, water supply and distribution, and recreational areas.
4. 
The general layout of the internal street system serving the proposed development and its relationship to the existing transportation system.
5. 
The relationship of land uses within the PUD to each other, and the relationship of the land uses within the PUD with surrounding external land uses, both present and future.
6. 
Compliance with the requirements of this Article and Section 405.523 of the Unified Development Ordinance regarding the concept plan, and relating to land uses and housing density, including reasons for increased density if such a recommendation is made.
[Ord. No. 17-008 § 2, 1-30-2017]
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
A. 
Applications for any Planned Unit Development (PUD) Overlay District shall be made to the Planning and Zoning Commission for the rezoning of the property.
1. 
The applicant for a "PUD" Overlay District shall first meet with the planning staff of the Division of Planning and Zoning and other County departments invited by the planning staff for a preliminary review of the proposed development, and to become familiar with all the requirements of this Article of the Unified Development Ordinance, Chapter 410, and the district applied for.
2. 
The applicant for a "PUD" Overlay District shall then prepare and submit to the Division of Planning and Zoning for its inspection and review a rezoning application for the entire area to be rezoned which shall include one (1) digital copy plus six (6) folded copies of a concept plan as set forth in Section 405.523 and other appropriate information required by the Division of Planning and Zoning.
[Ord. No. 17-008 § 3, 1-30-2017]
3. 
A development schedule shall be indicated on the concept plan submitted to the Planning and Zoning Commission indicating the approximate stages in which the development project will be built.
4. 
The application for rezoning to a "PUD" Overlay District shall be set for hearing before the Planning and Zoning Commission not later than sixty (60) days from the date of filing the same. Procedures for the public hearing shall conform to those set out in Part 5, Section 405.535. After the final hearing of the application for rezoning, the County Planning and Zoning Commission shall approve or deny the same by majority vote and report such action, together with a recommendation for final approval or denial,[2] to the Governing Body. The Governing Body shall then approve or disapprove the application for rezoning for the "PUD" Overlay District. In the case of an adverse report by the County Planning and Zoning Commission, such change may not be passed, except by the favorable vote of five (5) of the seven (7) members of the County Council. Approval under this Section shall authorize the applicant to seek further and final approvals of "PUD" rezoning as provided below in Sections 405.223 and 405.225 of this Article.
[2]
Note—The words "shall be made" were contained in the original ordinance and editorially removed due to duplicative language after conferring with the county.
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.
[Ord. No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
A. 
The developer of a "PUD" Overlay District shall prepare and submit twenty-five (25) folded copies of a preliminary plat and final development plan, for the entire area of the "PUD" Overlay District, to the Division of Planning and Zoning no later than one (1) year after zoning approval by the Governing Body. The preliminary plat and final development plan may be provided in one (1) document. The review fee for the preliminary plat and final development plan may be provided in one (1) document. The review fee for the preliminary plat and final development plan shall be the same as for preliminary plats, as indicated in Chapter 410. Information on the preliminary plat and final development plan shall include, but not be limited to, the following:
1. 
Proposed name of the development.
2. 
Name(s) of the owner(s) of the property and the developer and the name of the professional engineer or surveyor responsible for the plat.
3. 
North point, a scale of one (1) inch equal two hundred (200) feet or larger and the date of survey.
4. 
Exact acreage of tract.
5. 
A statement to the effect that "this plat is not for record" shall be stamped or printed on all copies of the preliminary development plat.
6. 
Location of boundary lines and their relation to established section lines, fractional section lines or survey lines.
7. 
Physical features of the property, including bodies of water, watercourses, ravines, floodplain areas, floodways, culverts, bridges, present structures and other features important to lot and street layout.
8. 
Topography of tract with contours at two (2) feet or at five (5) feet intervals.
9. 
Existing easements: location, width and purpose.
10. 
Names of any adjacent subdivisions and/or property lines around the perimeter within one hundred (100) feet showing any existing streets, roads, highways, structures, etc.
11. 
Location and width of existing and proposed streets, roads, lots (approximate dimensions), building lines, easements, common ground and open space, structures and other features of the proposed development.
12. 
Approximate gradients of streets.
13. 
Designation of type of land use: single-family residential, multi-family residential, commercial, industrial or public.
14. 
Zoning on and adjacent to the development tract.
15. 
Designation of utilities to serve the proposed development, water service, sanitary sewers, electric, gas, telephone, etc.
16. 
Location, existing or proposed, of fire hydrants.
17. 
Off-street parking areas, parking drives and aisles, if applicable.
18. 
All other information or data as may be required by the Land Subdivision Regulations, Division of Planning and Zoning or the County Planning and Zoning Commission.
B. 
Notification. After receiving a preliminary plat and final development plan, the Division of Planning and Zoning will give notice by U.S. Mail to the adjacent property owners. Notice shall be given to the adjacent property owners at least fifteen (15) days prior to the Planning and Zoning Commission meeting at which the preliminary plat and final development plan will be presented.
[Ord. No. 17-008 § 4, 1-30-2017]
C. 
Approval By The Planning And Zoning Commission And Governing Body. No preliminary plat and final development plan shall be deemed approved unless and until it is acted upon favorably by the Planning and Zoning Commission and the Governing Body. After the presentation of applicant's preliminary plat and final development plan, the Planning and Zoning Commission shall recommend either approval or denial or amendment of the preliminary plat and final development plan by majority vote and report such action, together with a recommendation for approval or denial or amendment, to the Governing Body. Upon receipt of the Planning and Zoning Commission's report and recommendation, the Governing Body may approve, deny or amend the preliminary plat and final development plan. If, however such preliminary plat and final development plan is not recommended for approval by the Planning and Zoning Commission, or the Council or Board of Trustees of any municipality files with the St. Charles County Registrar a certified copy of a resolution of such Council or Board protesting against the action of the Planning and Zoning Commission recommending approval of any such preliminary plat and final development plan for any land lying within one and one-half (1 1/2) miles of the limits of the incorporated area of such municipality, or as prescribed by the State Statutes, such approval shall be deemed overruled, and such preliminary plat and final development plan must then be approved by an ordinance with approval of five (5) members of the County Council, and the reasons for the approval or failure to approve such preliminary plat and final development plan shall be spread upon the records of the County Council.
[Ord. No. 17-008 § 4, 1-30-2017]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
A. 
Within two (2) years of the approval of the preliminary plat, the applicant will then submit fifteen (15) folded copies of a final plat for the "PUD" to the Planning and Zoning Division for their review and approval. The procedures, policies and requirements that must be followed for final plat approval are those embodied in the Land Subdivision Regulations for St. Charles County, Missouri. No subdivision plat shall be filed for record or recorded in the office of the Recorder of Deeds for St. Charles County, Missouri, unless and until the approval of the Secretary or Chairperson of the Planning and Zoning Commission and the County Executive or Director of the Division of Planning and Zoning are endorsed thereon, and until a performance guarantee has been posted or the public improvements have been constructed to County standards.
B. 
No lot shall be sold for such subdivision plat until it has been reviewed and approved, as provided above, and filed for record in the office of the Recorder of Deeds of St. Charles County, Missouri. No building permit, including for display purposes, will be issued until the preliminary plat and sediment and erosion control plans are approved. Further, no dwelling unit may be occupied until the public or private improvements are complete, unless a performance guarantee has been posted for the completion of said improvements.
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(36), 10-1-2003; Ord. No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
A. 
After the final development plan and final plat of the PUD have been approved, and when, in the course of carrying out this plan and plat, major adjustments or rearrangements of streets, buildings, setback lines, parking areas, entrances, heights, common ground, etc., are requested by the applicant (and such requests generally conform to both the preliminary plat and final development plan), such major adjustments may be approved by the Governing Body after receiving recommendations from the Planning and Zoning Commission. Minor changes may be made upon approval in writing by the Director of Community Development or his/her designee.
B. 
After the plan and plat have been carried out such that improvements have been built and approved, and such that lots have been sold or are being sold, minor changes may be approved by the Director of Community Development or his/her designee, as provided in this Subsection.
1. 
For the purposes of this Subsection, minor changes include modifications of side and rear setbacks, parking, landscaping and other minor improvements designated on final development plans or final plats.
2. 
Applications for minor changes shall be made by letter to the Director of Community Development or his/her designee with a site sketch where appropriate.
3. 
Applications for minor changes may be made only by owners of the property to be affected by the proposed change.
4. 
The applicant shall submit to the Director of Community Development proof of notice of the application to all owners within two hundred (200) feet of the subject property and the homeowner's association if in existence. Notice shall include a copy of the application and a request for submission of written comments within thirty (30) days of the date of the notice to the Director of Community Development.
5. 
Upon receipt of written comments the Director of Community Development or his/her designee may approve the application upon finding that it generally conforms to the preliminary plat and final development plan/plat. Such approvals shall be in writing with a copy sent to applicant and all recipients of notification as set out in Subsection (B)(4) above.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(37), 10-1-2003; Ord. No. 05-148 §8, 10-25-2005; Ord. No. 06-041 §2, 3-28-2006; Ord. No. 10-041 §17, 6-2-2010]
Before the actual recording of a final plat for a "PUD", the applicant must have submitted and obtained approval of improvement plans for the "PUD". The applicant will also have to have installed said improvements in accordance with approved improvement plans, preliminary plat and final development plan, or in lieu of installation of said improvements, a County approved performance guarantee required by Chapter 410 must be submitted. Installation of said improvements is also subject to the requirements of Chapter 412, as applicable.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
The preliminary plat and final development plan must be submitted within one (1) year of zoning approval by the Governing Body and the final plat must be submitted within the time frames established in Section 410.140 paragraph 1. An extension of time may be requested in writing by the developer for approval by the Director of Community Development. The Governing Body may remove the PUD Overlay classification without further hearing if the preliminary plat or final development plan expire.