[Ord. No. 224 §§1 —
2(19.01), 10-19-2005]
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 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 Chapter 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 of "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.
E.
Processing Procedures For Planned Unit Developments.
1.
Step 1. Area plan approval.
Application and area plan submitted to City Engineer.
Staff review and comment.
Planning and Zoning Commission — public hearing, review
and recommendation.
Governing Body — public hearing and review.
Governing Body — review and vote.
2.
Step 2. Final plan approval.
Application and final plan submitted to City Engineer.
Staff review and comment.
Planning and Zoning Commission — review and recommendation.
Governing Body — review and vote.
3.
Step 3. Construction plan approval (see subdivision
regulations).
Application and construction plan submitted to City Engineer.
Staff review and comment.
4.
Step 4. Display house plat approval (see subdivision
regulations).
Application and display house plat submitted to City Engineer.
Staff review and comment.
5.
Step 5. Record plat approval (see subdivision regulations).
Application and record plat submitted to City Engineer.
Staff review and comment.
Governing Body — review and vote.
6.
Step 6. Building permit approval.
Application and building plans submitted to City Engineer.
Staff review and comment.
[Ord. No. 224 §§1 —
2(19.02), 10-19-2005]
The Board of Aldermen of the City of New Melle shall have the
authority to approve area and final plan unit development ("PUD")
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.
[Ord. No. 224 §§1 —
2(19.03), 10-19-2005]
A.
The
minimum area to be developed under the regulations of this Article
shall be ten (10) acres,provided however, that the minimum lot area
may be waived by the Board of Aldermen upon recommendation of Planning
and Zoning Commission if the parcel in question has certain unique
characteristics such as, but not limited to, significant topographic
change, significant trees or wooded areas; wetlands, floodplain or
poor soil conditions on portions of the property; watercourses or
utility easements crossing the parcel; unusual shape or proportions;
and isolation from other undeveloped or developable lands.
B.
In
such case, the applicant shall submit information to the Commission
to support the request from a waiver of the minimum tract size requirement.
The Commission shall consider the request and act thereon, record
said action in the minutes of the meeting and inform the applicant
of the action in writing. The request for waiver and the Board of
Aldermen action shall be made prior to the applicant's submittal of
an application for a planned unit development designation. If the
Commission accepts the request for waiver or minimum tract size, the
Commission shall indicate its decision and the reasons therefore in
its report to the Board of Aldermen.
[Ord. No. 224 §§1 —
2(19.04), 10-19-2005]
A.
The
owner(s) of record or any person(s) acting on behalf of the owner(s)
of record of any tract ten (10) acres or larger in area may apply
for a "PUD" designation. 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. 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 (2nd) application shall
be made for approval of a final plan for the entire tract or portion
thereof, if development is to occur in phases.
B.
A separate
application for final site plan approval shall be required for each
phase. No construction, grading or other site improvements may commence
and no permit shall be issued therefore, on a tract with a multiple
stage "PUD" designation, until a final plan for said tract or part
thereof has been approved in accordance with this Article.
C.
Each
application shall be filed with the City Engineer who shall transmit
the area plan to the Planning and Zoning Commission. The application
must be filed at least thirty (30) days prior to the Commission meeting
at which it is to be first considered.
D.
The
applicant may appear before the City Board of Aldermen and/or Planning
and Zoning Commission, prior to application for a "PUD" designation
to discuss the proposed development.
[Ord. No. 224 §§1 —
2(19.05), 10-19-2005]
A.
Application. The application for area plan approval shall
include the following information:
1.
The name of the proposed "PUD".
2.
Names, addresses and phone numbers of the owner(s) of record, developer,
engineer, surveyor or designer responsible for the planning, engineering
survey and design. Registration seal of the designer.
3.
Acreage in the area plan.
4.
Legal description of the entire "PUD".
5.
Proposed deed restrictions, protective covenants and homeowners'
association articles of incorporation and bylaws.
6.
Signature(s) of applicant(s) and owner(s) certifying the accuracy
of the requested information.
7.
Receipt from the City Clerk showing paid application fee.
8.
Any additional information deemed necessary by the City Engineer.
B.
Area Plan. The application shall be accompanied by twenty
(20) copies of the proposed area plan drawn at appropriate scale showing:
1.
Name of the proposed "PUD" project.
2.
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 (5) foot contour intervals). All
topographic data shall directly relate to U.S.G.S 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 area shall be clearly labeled as to the proposed
use and conservation easement (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 and projected timelines for completion.
13.
Site plan data shall be indicated on the area plan and shall include
the items below:
a.
Total gross area of the "PUD" area plan in acres.
b.
Breakdown of total gross area by land use type such as town houses,
single family, retail shops, open space, church, school, etc.
(1)
Residential data.
(a)
Estimated total residential units.
(b)
Average square feet of residential land per each type of residential
unit.
(c)
Breakdown of non-residential land by type of use.
(d)
Total parking by land use type and parking ratio per dwelling
unit.
(e)
Density chart — reflecting development's yield plan without
public right-of-way and with and without other types of land uses.
(2)
Commercial and industrial data.
(a)
Estimated total building square footage by land use type.
(b)
Percent building coverage by land use type for business and
industrial "PUDs".
(c)
Total parking by land use type and parking ratio per floor area.
(d)
Building elevation of proposed structures.
(f)
Depict flood hazard boundaries as shown on FEMA maps.
(g)
Any additional information deemed necessary by the City Engineer,
Planning and Zoning Commission or Board of Aldermen to adequately
illustrate the proposed development.
[Ord. No. 224 §§1 —
2(19.06), 10-19-2005]
A.
Upon
receipt of the area plan from the City Engineer, the Planning and
Zoning Commission shall undertake a study of the area plan. The City
Engineer shall advise the applicant in writing of any recommended
changes in the area plan as are needed to conform to the standards
of this Chapter and other pertinent ordinances.
B.
The
Planning and Zoning Commission shall, at the next meeting after which
it receives the area plan from the City Engineer, establish a public
hearing on the area plan, said hearing to be held within thirty-one
(31) days of the filing date or at the regular Commission meeting
closest to that date.
At least fifteen (15) days' notice of the hearing shall be published
in a newspaper of general circulation along with hearing notice for
a zoning amendment for the tract in question, if such amendment is
applied for. The public hearing may be held jointly with a public
hearing on any zoning change for the tract in question.
C.
The
Planning and Zoning Commission shall prepare a report on the area
plan and shall submit this report to the Board of Aldermen. This report
shall contain the Commission's analysis of the area plan and its recommendations
thereon to the Board. If a zoning application is made for the subject
lot, the Commission shall report to the Board its review and recommendations
concerning said amendment simultaneously with its reports on an area
plan.
D.
The
Board of Aldermen shall review the area plan and the report of the
Planning and Zoning Commission thereon and shall approve, modify or
deny the area plan. If a zoning amendment application has been made
for the subject tract to permit the development proposed in the area
plan, the Board shall take action on such amendment before taking
action on the area plan.
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 official approval of 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. 224 §§1 —
2(19.07), 10-19-2005]
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
Chapter 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
represents low impact design (LID), which is logical and acceptable
to the City.
2.
Average yield is to be calculated as total land area excluding public
right-of-way, land to be used as detention basins and common ground.
Common ground and detention basins may be used in the calculations
if it is developed with acceptable amenities or if the property is
to be left in its natural state. 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 and streets that meet County standards,
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.
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 by 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.
8.
Public access to adjoining developments.
[Ord. No. 224 §§1 —
2(19.08), 10-19-2005]
A.
Approval
of the area plan by the Board of Aldermen shall have the following
effects:
1.
Approval shall assure the applicant that the area plan is acceptable
to the Board for the three (3) year period provided construction is
diligently pursued and authorizes the applicant to file a final plan
for the entire tract or portion thereof if the "PUD" is developed
in phases.
2.
Official approval of 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 Planning and Zoning Commission.
[Ord. No. 224 §§1 —
2(19.09), 10-19-2005]
A.
Every
final plan submitted to the Planning and Zoning Commission shall be
in accordance with the requirements of this Article.
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. Their registrations seal shall be provided on the plan.
It shall further include the name 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 woodlot, streams, rivers, lakes, drains and topography
(at least five (5) 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 manmade 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 property 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 one to another and to any existing structure to remain in
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 City Engineer, Planning
and Zoning Commission or Board of Aldermen.
11.
Provide copy of recorded conservation easement (document) that has
been filed with the Recorder of Deeds office in St. Charles County.
[Ord. No. 224 §§ —
2(19.10), 10-19-2005]
A.
The
Planning and Zoning Commission shall, upon receipt of a final plan,
study same and approve or deny the final plan. The Commission shall
advise the applicant of its action in writing.
B.
The
Planning and Zoning Commission shall transmit the recommendation for
approval or denial of final plan to the Board of Aldermen for its
review and approval or denial.
C.
The
applicant and owner(s) of record shall review the approved final plan
and sign a statement that the approved final 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 and has followed appropriate procedure as defined in Section 405.215.
E.
The
procedure of this Article shall be repeated in full for each phase
of the development in the approved area plan.
[Ord. No. 224 §§1 —
2(19.11), 10-19-2005]
A.
The
Planning and Zoning Commission, in granting final plan approval, shall
determine that the following standards have been met:
1.
The final 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 and the
Commission each 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
upon recommendation of the Planning and Zoning Commission shall determine
whether a change is minor or major in accordance with this Article.
2.
All dedications shall have been effectuated or, in lieu thereof,
proper agreements shall be made for such dedication 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. 224 §§1 —
2(19.12), 10-19-2005]
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. 224 §§1 —
2(19.13), 10-19-2005]
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 due public notice as required by law.
[Ord. No. 224 §§1 —
2(19.14), 10-19-2005]
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.
Failure
to obtain approval of final plan as herein provided shall authorize
the Board to revoked, 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 plan. If said development is not
so completed, the Commission 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. 224 §§1 —
2(19.15), 10-19-2005]
A.
Time
limits set forth in this Article may be extended by written agreement
between the applicant and the Commission or Board, whichever is applicable,
in the case of area plans and between the applicant and the Board
in the case of final plans.
B.
However,
the two (2) and three (3) year periods provided in Sections 405.250(1)
and 405.280(D) herein will not be extended unless so ordered by the
Board of Aldermen.
[Ord. No. 224 §§1 —
2(19.16), 10-19-2005]
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 City Engineer
to issue a stop work order and to withhold building permits or certificates
of zoning compliance until the violation is removed and shall cause
the owner of the development to be subject to the provisions of this
Chapter.
[Ord. No. 224 §§1 —
2(19.17), 10-19-2005]
A.
Once
a developer has received final plan approval, it shall be the developer's
responsibility to maintain the following at their sales office.
1.
Description of the developers'/subdivision trustees' responsibilities
for common ground within the subdivision.
2.
A copy of their approved final plan indicating the nature of all
adjacent zonings as of date of approval.
3.
A copy of all indentures, restrictions and covenants be available
also.
4.
Developers shall be required to post notice, at the sales office,
that these items are available for review.
