[Ord. No. 1127, 6-11-2018]
A.
Purpose And Scope. The division of the City into zoning districts
is based on the principle that similar conditions prevail throughout
a particular district. Development or redevelopment of certain uses
within these districts has the potential, if not properly planned,
to adversely impact the community with regard to traffic, incompatibility
of uses, property values, utilities or in other ways. This Section
is intended to authorize certain new or changed uses of property as
well as certain site alterations, as specified herein, if the location
and circumstances are appropriate for the use or change under the
standards provided in this Section. To achieve these objectives, this
Section provides increased flexibility of development design by authorizing
the City Council to allow deviations to the underlying district regulations,
subdivision regulations and other deviations where lawful, appropriate
to the project, and while maintaining public safety and the purposes
of the applicable codes, provided that a use that is not already authorized
to be approved in an underlying zoning district may not be authorized
by this PUD process. Approval by the City Council of a PUD Overlay
District as provided herein shall be a legislative act of rezoning
and, except as provided herein, subject to the procedural requirements
for rezoning set forth in this Code and in Chapter 89, RSMo., as amended.
Any ordinance approving a development plan shall be deemed to incorporate
the provisions of this Article.
B.
Underlying District Regulations; Modifications; Conditions. A PUD
ordinance may grant modifications to requirements in this Chapter
or as may otherwise be required to meet the purposes of this Section,
but shall not authorize uses not permitted by the underlying zoning
district. Conditions may be imposed as a condition of a PUD to affect
the purposes of applicable codes and regulations to the proposed development
and also in light of modifications granted, if any. Except as expressly
modified by the ordinance approving the PUD, the requirements of the
underlying zoning district and other applicable codes and ordinances
shall continue to govern. No conditional use permit shall be required
when a PUD is approved expressly authorizing a conditional use permitted
by the underlying district.
C.
PUD District; When Required. The PUD District overlay approval shall
be required in all zoning districts whenever a use of a site otherwise
permitted by the underlying district includes:
1.
New construction of buildings for commercial use in excess of
2,000 square feet or where vacation of any public rights-of-way or
easement is needed for the development; or
2.
Expansion or exterior reconstruction of existing commercial
buildings in excess of 2,000 square feet.
3.
A change in use, which necessitates an alteration of parking
of more than five (5) parking spaces.
D.
Plan Approval Required; PD Designation. Any district zoned under
this Section shall include the "PD" designation along with the underlying
district classification. No subdivision, development, redevelopment
or occupancy of a new use of the property encompassed by the "PD"
designation shall take place until a final development plan has been
reviewed and approved in conformance with the requirements of this
Section. Minor construction, preparation or other minor activities
that do not alter the stormwater, traffic access, utilities, parking
or other impacts regulated by this Chapter may be approved by the
City prior to a final development plan where consistent with the purposes
of this Section.
E.
Height Restrictions. The total height of any structure shall be limited
to the building height of the underlying district unless otherwise
expressly provided by the conditions in the ordinance governing the
PUD.
F.
Procedures.
1.
A Planned District may be initiated by an application by the City or by one (1) or more of the owners of record or owners under contract of a lot or tract of land, or their authorized representatives. The Planning and Zoning Commission and the City Council may review and approve a Planned District outside the existing City limits contingent upon proper fees as set forth below being paid to the City, as well as the prerequisites set forth in this Section being completed, with said approval of the Planned District effective when the property encompassing the Planned District is annexed into the City. Said review shall not eliminate or alter the requirements set forth above or any further requirements of Chapters 400 through 415.
2.
Procedures for application, review, and approval of a Planned District
shall be as follows:
a.
Application And Fee.
(1)
An application for a Planned District for a specific
tract of land shall be addressed to the Commission and shall be filed
with the Zoning Officer. The application shall be filed on forms prescribed
for that purpose and be accompanied by:
(2)
Each application for a Planned Unit District shall
be submitted for review to the City's staff or consultants. To the
extent the City incurs actual costs from such review, the applicant
shall bear such reasonable costs. Unless other studies or additional
review is contemplated, or unless waived by the City Council, the
applicant shall submit a deposit at the time of the application of
one thousand five hundred dollars ($1,500.00) to cover such expenses.
In the event actual reasonable costs are or are expected to be in
excess of this deposit, the Council shall inform the applicant of
such costs and the applicant shall provide payment. Any amount of
the deposit not used by the City for review purposes shall be refunded
to the applicant. The deposit for review services shall be made by
the applicant prior to formal review or processing by the City.
b.
Public Hearing.
(1)
A public hearing on the application for a Planned
District shall be held by the Commission following the same public
notice procedure as required in Sections 89.050 and 89.060, RSMo.,
for a change of zoning. Additional hearings may be required at the
discretion of the Commission.
(2)
Subsequent to and within thirty (30) days of the
public hearing or within thirty (30) days of the receipt of a complete
preliminary development plan when submitted after the effective hearing
date, the Zoning Officer shall submit a report to the Commission for
consideration. The report shall include comments of the Zoning Officer,
as well as comments of all agencies and City departments to whom the
plan was referred for review.
c.
Recommendation For Approval Or Denial Of Planned District. Within
a reasonable time, the Commission shall take action on the Planned
District through one (1) of the following actions:
(1)
Recommend Approval. The Commission may recommend
approval of the Planned District as submitted or with amendments.
In recommending approval of development conditions, the Commission
shall impose such conditions it determines necessary to meet the purposes
of the applicable codes, which may include but are not limited to
the following:
(a)
Permitted uses, including number of units and/or
maximum square footage of proposed buildings.
(b)
Height limitations.
(c)
Minimum yard requirements.
(d)
Off-street parking and loading requirements.
(e)
Road and other improvements adjacent to and within
the site.
(f)
Performance standards.
(g)
Sign regulations.
(h)
Minimum requirements for final development plan.
(i)
Time limitations for commencement of construction.
The Commission, at its discretion, may request additional information
at this step, depending on the scale of the development.
(j)
Modifications requested or as otherwise determined
to be in the public interest and meeting the purposes of this Section.
(2)
Denial. The Commission may recommend denial of
the Planned District. The Zoning Officer shall prepare a report to
the City Council, indicating the Commission's decision. The developer
may appeal the Commission's denial in accordance with the provisions
of this Section. If no appeal is filed as permitted within the time
period established, the application shall be deemed denied.
(3)
Notification. In any case, the developer shall
be notified in writing of the Commission's action.
d.
Appeal Of Commission Action. Upon the recommendation of denial
by the Commission of an application, the applicant may file an appeal
with the City Council requesting a determination by that body. A notice
of appeal shall be filed within ten (10) days after the Zoning Officer's
report is received by the City Council at a regular meeting. An appeal
shall be in writing and shall be filed in duplicate with the Zoning
Officer accompanied by a filing fee as established by the City Council.
The appeal shall specifically state how the application, as initially
filed or subsequently modified, meets the criteria set forth in the
regulations.
e.
City Council Review. Within a reasonable period of time of the
Commission's recommendation, the City Council shall take action on
a recommendation of approval, or may otherwise take action on a proposed
PUD. City Council action shall consist of one (1) of the following:
(1)
Approval. The City Council may by ordinance with
majority vote of the Council approve the Planned Development District
as recommended for approval by the Commission or otherwise approve
a PUD by a two-thirds (2/3) majority vote.
(2)
Denial Procedure. The City Council may deny a PUD
by a majority vote of the City Council if the PUD is determined not
to be in the public interest or otherwise not meeting the requirements
for granting a rezoning. If the denial of the Planned District is
upheld by the City Council, the developer may resubmit a new plan
to the Commission as described in this Section.
f.
Planned District — Effective When. The Planned District
shall become effective after approval by the City Council as provided
in the ordinance.
G.
Final Development And Improvement Plans. Upon passage by the City
Council of an ordinance enacting a Planned District, said plan(s)
shall be submitted in accordance with the following provisions. No
building permits or authorization for improvement or development for
any use authorized under provisions of this Section shall be issued
prior to approval of such plans.
1.
Final Development Plan/Improvement Plans.
a.
Upon approval of a Planned Development and corresponding preliminary
development plan, final development plans shall be submitted for review
and approval to the Zoning Officer in conformance with all applicable
codes and such information and modifications as may reasonably be
required consistent with the purposes of this Section and the approving
PUD ordinance. In the case of developments consisting of multiple
phases, lots and/or plats where a preliminary development plan is
required, a final development plan and improvement plans shall be
submitted for each individual building, lot, phase or plat representing
a portion of the preliminary development plan. The plan(s) shall contain
the minimum requirements established in the conditions governing the
Planned District. No building permits or authorization for improvement
or development for any use requested under the provisions of this
Planned District shall be issued prior to approval of such plan(s).
The approved plan(s) shall be retained on file in the office of the
Zoning Officer.
b.
Final development plans, improvement plans and installation
or guarantee of improvements are not required for phases, lots and/or
plats designated for future development, except that the City may
require such improvements as are necessary to serve the area proposed
for present development. Final development plans and improvement plans
for these improvements shall accompany or be a part of the overall
plan submittal.
c.
If the Planned District is proposed to be developed in phases,
lots and/or plats, the Zoning Officer may require submittal of a development
schedule indicating:
d.
The preliminary development plan, updated to reflect all structures,
units and maximum square footage of buildings constructed or approved
for construction, shall be provided with the subsequent submittal
of final development plans/improvement plans for each additional building,
lot, phase or plat representing a portion of the preliminary development
plan. The Zoning Officer shall use this plan to track existing site
development, insuring that the current proposal complies with the
conditions of the ordinance enacting the Planned District relating
to maximum site densities.
2.
Procedure To Amend A Planned District Or Planned District Preliminary
Development Or Final Development Plan. In order to amend an existing
Planned District or to amend the preliminary development or final
development plan for the Planned District, the procedure shall be
as follows:
a.
To amend the Planned District:
(1)
The property owner or authorized representative
shall submit a written request to amend the Planned District to the
Zoning Officer. The Zoning Officer shall evaluate the request for
consistency in purpose and content with the nature of the proposal
as originally advertised for public hearing.
(2)
The Zoning Officer shall then forward the request
and his/her report to the Commission. The Commission shall review
the proposed amendments and file a report with the City Council in
which the Commission shall recommend to grant, deny, or modify the
requested amendments. If the Commission determines that the requested
amendments are not consistent in purpose and content with the nature
of the proposal as originally advertised for public hearing, the Commission
may require a new public hearing on the matter in accordance with
the proceedings specified for amending this Chapter.
b.
To amend the Planned District preliminary development or final
development plan:
(1)
The property owner or authorized representative
shall submit an amended preliminary development and/or final development
plan to the Zoning Officer for review. The Zoning Officer shall evaluate
the request for consistency in purpose and content with the nature
of the proposal as originally advertised for public hearing.
(2)
If the Zoning Officer determines that the proposed
amendment to the preliminary development and/or final development
plan is not in conflict with the original proposal as advertised and
the plan meets all the conditions of the Planned District, the Zoning
Officer may approve said amendment plan. The approved plan shall be
retained on file in the office of the Zoning Officer.
(3)
If the Zoning Officer determines that the proposed
amendment to the preliminary development and/or final development
plan is not consistent in purpose and content with the original proposal
as advertised and with the conditions of the Planned District, he/she
shall so report to the applicant and the Commission. The Commission
shall review the proposed plan amendment and make a final determination.
The Commission may, if it deems necessary, require a new public hearing
on the matter in accordance with procedures specified for amending
this Chapter.
H.
Guarantee Of Improvements. After the approval of the final development
plans/improvement plans but prior to the issuance of any building
permit or permit authorizing the use of the property in question,
the developer shall enter into an agreement with the City guaranteeing
the completion of all public improvements in accordance with City
of St. James Subdivision Code.[1]
I.
Limitations.
1.
Failure To Commence Construction. Unless otherwise stated in
the development conditions, substantial work or construction shall
commence within two (2) years of the effective date of the Planned
District, unless such time period is extended through appeal to and
approval by the Commission. If no extension of time is received or
granted within six (6) months subsequent to the two-year period following
the effective date of the Planned District, the Commission shall review
any changes in the Zoning District Map brought by the proposed development.
If the Commission finds said changes to be inappropriate, the Commission
shall recommend to the City Council that the map be revised in accordance
with the procedures for changes and amendments. As used in this Section,
substantial work or construction shall include final grading for roadways
necessary for first approved plat or phase of construction and commencement
of installation of sanitary and storm sewers, as applicable.
2.
Abandonment. In the event the preliminary development or final
development plans/improvement plans are not submitted within the time
limits specified in the ordinance enacting the Planned District or
a use authorized by a Planned District is abandoned, vacated or not
utilized for a period of two (2) years, the zoning amendment may be
terminated. If no extension of time is received or granted within
six (6) months subsequent to the expiration of the two-year period,
the Commission shall review any changes in the Zoning District Map
brought by the proposed district. If the Commission finds said changes
to be inappropriate, the Commission shall recommend to the City Council
that the map be revised in accordance with the procedures for changes
and amendments.
3.
Extension Of Development Schedule. The owner or owners may,
at any time, apply to the Commission for an extension of the development
schedule. Such extension shall be acted upon by the Commission; however,
said extension shall not exceed twelve (12) months in duration.
J.
Simplified Development Plan Process.
1.
Applicability. Any use or change otherwise required to be approved
by the PUD District process pursuant to this Section may apply for
the simplified development process, provided all of the following
criteria are satisfied:
a.
No waiver or modification of any district or other regulation
is sought;
b.
The approval does not include building expansion in excess of
fifty percent (50%) of any existing building;
c.
New building construction is limited to an accessory building
not greater than two thousand five hundred (2,500) square feet in
size (this limitation not applicable in industrial districts); and
d.
The change is not detrimental to the neighboring properties
or community, does not materially alter or impact traffic, public
improvements, or public financial burdens, and is otherwise consistent
with all established City plans, policies and ordinances.
2.
Process. The simplified development plan process may be approved
as follows:
a.
Application. Applications shall be as provided above for a PUD,
except that the filing fee shall be a non-refundable zoning review
fee of three hundred fifty dollars ($350.00). This fee may be applied
toward the PUD application fee if a simplified development plan or
process is denied, or prior to completion the property owner seeks
PUD approval instead.
b.
Determination As To Applicability. The Director of Planning shall make a determination as to whether the application qualifies for the simplified development plan process if the procedure is so requested in the PUD application. This determination shall be in writing and may be appealed to the City Council within ten (10) days of its issuance. If the simplified plan process is denied by the Director or by the City Council, either on appeal or after the Director's approval of such process, the change or use shall be authorized only if a PUD is approved pursuant to Subsections (A) through (I) of this Section.
c.
Simplified Procedure. The approval process shall be the same as for a PUD [Subsections (A) through (I) of this Section], except that:
(1)
No public hearings before the Commission shall be required for a simplified development plan [i.e., Subsection (F)(2)(b) of this Section is inapplicable].
(2)
A single combined preliminary/final development
plan is permitted.
(3)
Review of the simplified development plan application shall otherwise occur as provided for in Subsection (F)(2)(c) through (d) of this Section by recommendation of the Planning and Zoning Commission and for final approval, conditions or denial by the City Council. Final approval may be by resolution or ordinance of the City Council.
