[Ord. No. 43 §13.01, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
A.
The provisions of this Article are designed to deal with large-scale
development and facilitate better site planning and community planning
through modification of certain district regulations as they apply
to such development.
B.
It is hereby recognized that, for large-scale development, the regulations
of districts in the Zoning Ordinance, either individually or collectively,
might impose unnecessary or undesirable rigidities on the site plan
and thereby prevent achievement of the best possible plan within the
Ordinance. Therefore, this Article has the following intents:
1.
To permit flexibility in site design.
2.
To achieve more efficient use of land, within the framework
and intent of the Zoning Ordinance, which can result from large-scale
or multiple-use developments.
3.
To encourage and permit provision of open space.
4.
To protect and preserve scenic assets and natural features and
to incorporate these into the development.
5.
To foster a more stable community by providing a variety and
balance of housing types and living environments.
6.
To encourage and permit variety in the location of buildings,
roads, parking lots and other facilities and activities.
7.
To increase the safety of pedestrian and vehicular traffic by
reducing the number of traffic conflict points within a development.
8.
To reduce land cost per dwelling unit in residential developments.
C.
This Article is intended to achieve these objectives while promoting
and protecting the public health, safety and welfare of the City and
while safeguarding the present or future use and development of areas
surrounding a proposed PUD.
D.
The PUD designation is intended to be attached to use districts set
forth in this Article and is not a separate use district. The PUD
designation may be attached to a parcel of land at the time its zoning
classification is amended or it may be attached to a parcel of land
under the zoning district classification(s) existing at the date of
application for a PUD designation. It is further intended that a PUD
designation may be applied to a residential, non-residential or a
combined residential/non-residential development.
[Ord. No. 43 §13.02, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
The Board of Aldermen of the City of Cottleville shall have
the authority to approve area and final plans. Such plans may be considered
by the Board of Aldermen only after the Planning and Zoning Commission
has reviewed the plans and submitted its recommendations to the Board.
[1]
Editor's Note: Former Section 405.335, Minimum Lot Area, which
derived from Ord. No. 43 §13.03, 1-8-1987; Ord. No. 1400 §25, 12-18-2014, was repealed 4-21-2021 by Ord. No.
1904.
[Ord. No. 43 §13.04, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
A.
Preapplication Conference. Before submitting an
application for a PUD, the applicant shall confer with the Director
of Public Works to obtain information and guidance before entering
into binding commitments or incurring substantial expense in the preparation
of plans, surveys, and other data.
B.
An application for a PUD designation shall be submitted by the owners
of the real property to be affected by the proposed change on application
forms provided by the Director of Public Works. Each application shall
be filed with the Director of Public Works, and be accompanied by
pertinent data as prescribed on the form and any additional information
deemed necessary by the Director of Public Works. The application
must be filed at least thirty (30) days prior to the Commission meeting
at which it is to be first considered. The applicant may appear before
the City Planning and Zoning Commission, prior to application for
a PUD designation, to discuss the proposed development.
C.
A fee, as stated in Section 405.790 of this Code, shall be paid to the City for each application to cover the costs of advertising, notification, and other administrative expenses associated with the application.
D.
An application for a PUD designation shall be signed by all fee owners
of the real property to be affected by the proposed change or by their
agent or agents having authority to sign the application on their
behalf, accompanied by proper evidence of such agency relationship,
and by the applicant, if other than the fee owners. The application
shall be submitted to the Planning and Zoning Commission and shall
contain or be submitted concurrently with the following information:
1.
A legal description of the property to be affected, including
one (1) hard printed copy and one (1) electronic copy in a Microsoft
Word compatible format;
2.
Acreage of the real property to be affected; and a scaled map
of such property, correlated with the legal description and clearly
showing the property's location;
3.
The names, addresses and telephone numbers of all the fee owners
of such property and their agents, if any, and copies of the deeds
on file with the St. Charles County Recorder of Deeds evidencing such
ownership;
4.
The names, addresses and telephone numbers of all engineers,
surveyors or designers responsible for the planning, engineering survey
and design;
5.
Date of filing with the Director of Public Works;
6.
The present zoning and proposed change of zoning of such property,
if applicable;
7.
The existing use(s) and proposed use(s) of such real property;
8.
The notarized signature(s) of the applicant(s), fee owner(s)
and agents of the fee owner(s), if any, certifying the accuracy of
the required information. If the applicant(s) or fee owner(s) of the
real property are a trust or business entity, then proof of the authority
of the party executing the petition must be provided by way of resolution,
minutes, trust agreement, operating agreement, or other legally appropriate
means; and
9.
An area plan.
E.
The application for a PUD designation shall be for review and approval of an area plan for development of the entire tract. The application may accompany a zoning amendment application for the lot in question, subject to the requirements of Section 400.110 of this Code. Following review by the Planning and Zoning Commission and approval of the area plan and designation of the lot as a PUD by the Board of Aldermen, a second application shall be made for approval of a final area plan for the entire tract or portion thereof. If development is to occur in phases, a separate application for final area plan approval shall be required for each phase. No construction, grading or other site improvements may commence and no permit shall be issued therefor on a tract with a multiple-phase PUD designation, until a final area plan for said tract or part thereof has been approved in accordance with this Section.
[Ord. No. 43 §13.05, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
A.
Area Plan. The application shall be accompanied
by ten (10) paper copies of the proposed area plan drawn at appropriate
scale, and one (1) electronic copy in a .pdf format, showing:
1.
The name of the proposed PUD project.
2.
A scale, date and north arrow.
3.
A key map showing the PUD in relation to the surrounding area.
4.
Within two hundred (200) feet of the proposed development, names
of adjacent subdivisions, layout of streets (with names), right-of-way
widths, connections with adjoining platted streets, widths and locations
of alleys, easements and public sidewalks adjacent to or connecting
with the tract, location and size of all existing sanitary sewer,
storm sewer and supply facilities.
5.
Existing conditions in the plan area showing all utilities,
bridges, streets, drives or alleys and existing structures.
6.
Existing topography (at least five-foot contour intervals).
All topographic data shall directly relate to United States Geological
Survey data.
7.
The zoning status of the PUD and of all adjacent properties
shall be identified on the plan. If the project contains more than
one (1) Planned District category, the zoning district boundary lines
shall be clearly indicated.
8.
Boundary lines of school districts, fire districts, water districts
and municipal limits shall be identified on the plan where applicable.
9.
The general plan layout of the entire PUD showing proposed land
uses, streets, parking areas, open space areas and sidewalks with
significant dimensions indicated, where appropriate, to clarify the
plan.
10.
All planned use areas shall 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.
11.
The substance of covenants, grants of easements or other restrictions
proposed to be imposed upon the use of land, buildings and structures,
including proposed easements or grants for public utilities.
12.
Proposed stages of development.
13.
Data required for a site plan pursuant to Section 405.425 of this Code shall be indicated on the area plan. The area plan shall also include the following:
14.
Building elevations of proposed structures.
16.
A depiction of flood hazard boundaries as shown on Federal Emergency
Management Agency maps.
17.
Depictions of areas of common ground and for stormwater detention/retention
facilities.
18.
A note describing how street lighting will be provided and maintained.
19.
All deviations from the provisions of this Code and from the
standard zoning district regulations for the uses included along with
a statement that no deviations other than those listed are included
in the PUD.
20.
A depiction of all easements and rights-of-way for future extensions
of streets and utilities.
21.
Any additional information deemed necessary by the Director
of Public Works to adequately illustrate the proposed development.
[Ord. No. 43 §13.06, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
A.
Upon receipt of the area plan from the Director of Public Works,
the Planning and Zoning Commission shall undertake a study of the
area plan. The Director of Public Works shall advise the applicant
in writing of any recommended changes in the area plan as are needed
to conform to the standards of this Article and other pertinent ordinances.
B.
The Director of Public Works shall prepare legal notices advertising
the review of the area plan by the Planning and Zoning Commission
and the Board of Aldermen. The legal notices shall be published at
least fifteen (15) days prior to the dates of the public hearings
in a newspaper of general circulation throughout the City. The public
hearing before the Planning and Zoning Commission will be held within
ninety (90) days from the date of receipt of a complete application
during a regularly scheduled meeting of the Planning and Zoning Commission.
Public hearings may be continued by the Planning and Zoning Commission
or the Board of Aldermen to another date without further notice other
than a motion to be entered on the minutes fixing the date, time and
place of the continuance of the public hearing.
C.
The Planning and Zoning Commission will review the area plan application
and conduct a public hearing on the proposed area plan. The public
hearing is open to all citizens. After the public hearing, the Planning
and Zoning Commission shall conduct a formal vote on the area plan
application and either:
1.
Postpone consideration of the area plan due to lack of sufficient
information to make a recommendation to the Board of Aldermen;
2.
Recommend approval to the Board of Aldermen;
3.
Recommend approval with conditions to the Board of Aldermen;
or
4.
Recommend denial of the area plan and any request for zoning
amendment, if applicable, to the Board of Aldermen.
D.
The Board of Aldermen will review the area plan application and the
recommendation of the Planning and Zoning Commission and conduct a
public hearing on the proposed area plan. The public hearing is open
to all citizens. After the public hearing, the Board of Aldermen may
either:
E.
If the area plan is approved by the Board of Aldermen, the applicant
shall review the area plan in its approved form. The applicant and
the owner(s) of record shall then sign a statement that the approved
area plan shall be binding upon the applicant and the owner(s) of
record and upon their heirs, successors, and assigns. The area plan
shall not be officially approved nor may the applicant submit a final
plan for the lot or any part thereof, until said statement has been
signed as required herein. The foregoing approval and signing shall
constitute official approval of the PUD designation for the subject
tract. Rezoning may be made contingent upon the PUD statement being
properly signed.
F.
Within five (5) working days of the passage of the ordinance approving
an area plan, the Mayor shall accurately note, and the City Clerk
attest, the PUD designation for the lot in question on the Official
Zoning Map.
[Ord. No. 43 §13.07, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014; Ord. No. 1904, 4-21-2021]
A.
The Planning and Zoning Commission shall determine and shall provide
evidence of same in its report to the Board of Aldermen and the Board
shall determine, based upon its review of the Commission's report
and its own findings, that the proposed area plan meets the intent
of this Article and meets the following standards:
1.
The use of land shall be in conformance with the permitted uses
of the district in which the proposed development is to be located
and conforms to the adopted Comprehensive Plan or any part thereof
or represents land use policy which, in the Commission's opinion,
is a logical and acceptable change in the adopted Comprehensive Plan.
2.
The average density of development within the PUD shall remain
the same as would be permitted if the area were to be developed conventionally.
However, the development (buildings) so permitted may be clustered
and located irrespective of yard setback requirements or lot lines
in order to create a smaller network of streets and utility lines
and to create additional open space for the enjoyment of the residents.
3.
The proposed development shall be adequately served by public
facilities and services such as highways, streets, Police and fire
protection, drainage courses, water and sanitary sewer facilities,
refuse disposal; or that the persons or agencies responsible for the
proposed development shall be able to provide, in a manner acceptable
to the Board, any such facilities and services.
4.
Each phase of the proposed development shall not be dependent upon completion of subsequent phases of the same development for the facilities and services identified in Subsection (A)(3) above.
5.
The common open space, any other common properties, individual
properties and all other elements of the PUD are so planned that they
will achieve a unified environmental scheme, with open spaces and
all other elements in appropriate locations, suitably related to each
other, the site and the surrounding land. All common spaces shall
be permanently secured as such to the satisfaction of the Board.
6.
The location of the proposed uses, layout of the site and its
relation to streets giving access to it shall be such that traffic
to, from and within the tract and concentration of persons in connection
therewith will not be hazardous or inconvenient to the project or
the neighborhood. In applying this standard, the Commission and Board
shall consider, among other things, convenient routes for pedestrian
traffic, particularly of children; relationship of the proposed project
to main thoroughfares and street intersections; and the general character
and intensity of the existing and potential development of the neighborhood.
7.
Where applicable, the Commission and Board shall determine that
noise, odor, light or other external effects from any source whatsoever,
which are connected with the proposed use, will not adversely affect
adjacent and neighboring areas and uses.
[Ord. No. 43 §13.08, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
A.
Approval of the area plan by the Board of Aldermen shall have the
following effects:
1.
Except as provided in Section 405.390, approval shall assure the applicant that the area plan is acceptable to the Board for a three-year period, provided construction is diligently pursued, and authorizes the applicant to file a final site plan for the entire tract or portion thereof if the PUD is developed in phases.
2.
Passage of an ordinance approving the area plan shall confer
PUD status to the subject tract and permit modifications of lot area,
lot width, yard requirements and spacing among buildings and structures
within the lot, except on the perimeter thereof, all as set forth
in the approved area plan.
3.
No deviations from the area plan approved by the Board of Aldermen
shall be permitted except as provided in this Article.
4.
Approval of the area plan of a PUD shall expire and be of no
effect one (1) year after the date of approval unless a final plan
has been approved by the Board of Aldermen.
[Ord. No. 43 §13.09, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
A.
Only after the Board of Aldermen has approved the area plan for the
proposed PUD, the owner(s) of record, or any person(s) acting on behalf
of the owner(s) of record, may apply for the review and approval of
a final plan in accordance with this Article. The application for
a final plan shall be for the entire PUD, or portion thereof, if the
proposed development is to occur in phases. Each final plan application
shall be filed with the Director of Public Works at least thirty (30)
days prior to the Board of Aldermen meeting at which it is to be first
considered. Each final plan application shall contain the name(s),
address(es), telephone number(s) and signature(s) of the applicant
and the owner(s) of record, or any person(s) acting on behalf of the
applicant(s) or the owner(s) of record, and the name, address, and
phone number of the developer and contact purchaser (if applicable).
The application shall be accompanied by proposed deed restrictions,
protective covenants, and homeowners' association articles of incorporation
and bylaws, and ten (10) paper copies, and one (1) electronic copy
in a .pdf format, of the proposed final plan which shall meet the
following requirements:
1.
The final plan shall be of a scale not to be greater than one
(1) inch equals twenty (20) feet nor less than one (1) inch equals
two hundred (200) feet and of such accuracy that the Commission can
readily interpret the plan and shall include more than one (1) drawing
where required for clarity.
2.
The property shall be identified by lot lines and location,
including dimensions, angles and size, correlated with the legal description
of said property. The plan shall be designed and prepared by a qualified
land planner, registered professional architect, engineer or land
surveyor. It shall further include the name and address of the property
owner(s), developer(s) and designer(s).
3.
It shall show the scale, north point, boundary dimensions, natural
features such as woodlots, streams, rivers, lakes, drains and topography
(at least five-foot contour intervals); when terrain is irregular
or drainage critical, contour intervals shall be two (2) foot and
similar features.
4.
It shall show existing man-made features such as buildings,
structures, easements, high-tension towers, power lines, existing
utilities such as water and sewer lines, etc., excavations, bridges,
culverts and drains and shall identify adjacent properties within
one hundred (100) yards and their existing uses.
5.
It shall show the location, proposed finished floor and grade
line excavations, size of proposed main and accessory buildings, their
relation to one another and to any existing structure to remain on
the site and the height of all buildings and structures, as well as
building elevations for the buildings proposed.
6.
It shall show the proposed streets, driveways, sidewalks and
other vehicular and pedestrian circulation features within and adjacent
to the site; also the location, size and number of parking spaces
in the off-street parking areas and the identification of service
lanes, service parking and loading zones.
7.
It shall show the proposed location, use and size of open spaces
and the location of any landscaping, fences or walls on this site.
Any proposed alterations to the topography and other natural features
shall be indicated.
8.
It shall show the location and size of all existing utilities
(public and private) serving the property as well as the location
and size of all proposed utilities to serve the property. It shall
be stated that all necessary utilities (public and private) will be
available, functioning and usable at the time any stage of the project
or the total project is ready for occupancy.
10.
Any other information deemed necessary by the Board of Aldermen.
[Ord. No. 43 §13.10, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
A.
The Board of Aldermen shall, upon receipt of a final plan, study
same and approve or deny the final plan.
B.
The approval of a final plan shall be done by ordinance. Said ordinance
shall include all findings and conclusions of the Board of Aldermen
in support of approving the final plan. Upon the denial of a final
plan by the Board of Aldermen, by means of an affirmative vote of
the Board of Aldermen to reject the bill proposing the final plan
or upon the failure of the bill to pass as an ordinance for lack of
sufficient votes in favor, the Board of Aldermen shall, no later than
the next regular meeting of the Board of Aldermen, prepare and approve
the findings of fact and conclusions of law setting forth the Board's
reasons for denying the final plan. The date of the Board's approval
of the findings of fact and conclusions of law shall be deemed the
effective date of the denial of the requested approval of the final
plan.
C.
The applicant and owner(s) of record shall review the approved final
plan and sign a statement that the approved final site plan shall
be binding upon the applicant and the owner(s) and their heirs, successors
and assigns.
D.
Building permits may be issued after the applicant has signed the
required statement.
E.
The procedure of this Section shall be repeated in full for each
phase of the development in the approved area plan.
[Ord. No. 43 §13.11, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
A.
The Board of Aldermen, in granting final plan approval, shall determine
that the following standards have been met:
1.
The final site plan shall conform to the approved area plan,
except that minor variations in layout may be permitted at the discretion
of the Commission and without amendment of the approved area plan.
Minor variations include, among others, a change in residential floor
area, an increase in non-residential floor area of five percent (5%)
or less and a change in layout, provided that in the case of a change
in layout, the applicant shall provide the Board of Aldermen a revised
area plan which incorporates such layouts. The revised plans shall
each be signed by the applicant and owner(s) of record. Modifications,
such as, but not limited to, a change in use, type of street, increase
in density or intensity of development, type of dwelling unit or an
increase in non-residential floor area of over five percent (5%),
shall be considered major changes and shall require amendment of the
approved area plan. The Board of Aldermen shall determine whether
a change is minor or major in accordance with this Section.
2.
All dedications shall have been effectuated or, in lieu thereof,
proper agreements shall be made for such dedications in the future
with the Board.
3.
If the lot is to be developed in phases, each phase shall not
depend on subsequent phases for adequate access, utilities or public
facilities.
[Ord. No. 43 §13.12, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
All open spaces identified in the approved area plan and which
are to remain in private ownership shall permanently remain as open
space and shall be properly maintained.
[Ord. No. 43 §13.13, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
An approved PUD project may be amended at either the area plan
or final site plan stage by use of the procedure for original approval.
An amendment to a final plan which results in a major change in the
area plan shall require an amendment of the area plan and shall be
processed in the same manner as the original application with public
hearings before the Planning and Zoning Commission and the Board of
Aldermen following public notice as required by law.
[Ord. No. 43 §13.14, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
A.
If a tract has been designated as a PUD by the Board, said tract
shall not be developed or used except in accordance with the approved
area plan and final plan unless and until such designation is removed
by formal action of the Board.
B.
Except as provided in this Section, approval of the area plan of
a PUD shall expire and be of no effect one (1) year after the date
of approval unless a final plan has been approved by the Board of
Aldermen. All final plans for subsequent phases thereof shall be submitted
by the applicant within a period not to exceed three (3) years from
the date of approval of the area plan. Failure to obtain approval
of final plans as herein provided shall authorize the Board to revoke,
at its discretion, the right to develop under the approved area plan
and to require that a new area plan be filed and reviewed in accordance
with the provisions of this Article.
C.
Approval of the final plan of a PUD shall expire and be of no effect
one hundred eighty (180) days after the date of approval unless and
until all appropriate fees have been paid and the City shall have
issued a building permit for the development authorized by said approved
plan. Approval of the final plan in a PUD shall expire and be of no
effect one (1) year after the date of approval unless construction
is begun and is diligently pursued in accordance with the approved
plan. Expiration of the approved plan shall authorize the Board to
require filing and review of a new final plan in accordance with the
provision of this Article.
D.
Development under an approved PUD shall be completed within two (2)
years of the date of approval of the final site plan. If said development
is not so completed, the Board of Aldermen shall not review or approve
plans for any subsequent phases of the PUD unless good cause can be
shown for not completing same.
[Ord. No. 43 §13.15, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
Time limits set forth in Sections 405.360(A)(1) and 405.390(B) herein will not be extended unless so ordered by the Board of Aldermen.
[Ord. No. 43 §13.16, 1-8-1987; Ord.
No. 1400 §25, 12-18-2014]
The approved area plan and/or final plan shall have the full
force of the Zoning Ordinance. Any violation of either the approved
area plan or approved final plan shall be grounds for the Code Enforcement
Officer to issue a stop-work order and to withhold building permits,
occupancy permits or certificates of zoning compliance until the violation
is removed, or the area plan and/or final plan is otherwise complied
with, and shall cause the owner of the development, or any portion
thereof, to be subject to the provisions of this Article.
[1]
Editor’s Note: Former Section 405.405, “MFPUD”
Multiple-Family Planned Unit Development, as adopted and amended by
Ord. No. 429 §1, 11-4-1999, was repealed 12-18-2014 by Ord. No.
1400 §25.
