[Ord. No. 3356, 10-7-2019]
The purpose of this Article is to outline and describe the process
for a condominium declaration and platting and condominium building
conversion. A condominium declaration and plat or condominium building
conversion is required for the approval of any condominium plat. This
streamlined process applies to all applications for condominium consideration
or conversion that do not require any dedications to the City, public
improvements or condominium projects where improvements have already
been approved as part of a separate subdivision or site plan approval.
[Ord. No. 3356, 10-7-2019]
A.
Whenever a condominium declaration and plat or condominium building
conversion is proposed and before any permit for the development of
or construction of any improvement in such proposed condominium or
condominium building conversion shall be granted, the applicant shall
apply for and secure approval of a condominium plat or condominium
building conversion plat in accordance with the following procedure.
B.
Before filing an application for approval of a plat, the applicant
may, at its election, confer with the Director of Public Works and
representatives of any other City departments regarding the proposal.
Such action does not require formal application fees or filing of
a plat and is not to be construed as an application for formal approval
and shall not be in lieu of the same. Comments made by staff during
such conferences shall not constitute representations or warranties
with respect to any matter discussed and shall not be binding upon
staff members or members of the Planning Commission or Board of Aldermen.
[Ord. No. 3356, 10-7-2019]
A.
All condominium plats are to be prepared by a surveyor, registered
to practice in the State of Missouri, and shall be drawn on one (1)
or more sheets [maximum dimension of twenty-four (24) inches by thirty-six
(36) inches]. The scale of the drawing shall be twenty (20) feet or
less to the inch. If multiple sheets are required, then a key map
shall be provided on a title sheet showing all units at reduced scale.
In addition to the items required by Chapter 448, RSMo., or any similar
Statute then in force, the plat shall contain the following information:
1.
Condominium name and project title or name, the north arrow,
scale and date.
2.
Accurate legal description of the boundary of the lot(s).
3.
Boundary lines, with dimensions and bearings or angles, which
provide an accurate survey of the lot(s).
4.
Names, addresses and telephone numbers of the developer, owner,
and surveyor.
5.
Accurate location of all existing and recorded streets, the
street name(s) and right-of-way width(s), alley(s) or other right-of-way
adjacent to the subject lot(s) with accurate dimensions, bearing curve
data, including radii arcs, points of tangency and central angles.
6.
Location, dimensions and purpose of each easement.
7.
Each building footprint and an identification system for all
buildings and units.
8.
Each unit's identifying number.
9.
The location and dimensions of limited common elements, including
porches, balconies and patios, other than parking spaces and the other
limited common elements.
10.
The area in square feet for lot(s), building(s) and unit(s)
in the project.
11.
A legal description of any common property jointly owned.
12.
Any units in which the declarant has reserved the right to create
lesser and larger units or common elements, identified appropriately.
13.
A plat must also show the intended location and dimensions of
any contemplated improvement to be constructed anywhere within the
condominium. Any contemplated improvement shown must be labeled either
"shall be built" or "need not be built."
14.
The location and dimensions of all real estate not subject to
development rights or subject only to the development right to withdraw
and the location and dimensions of all existing improvements within
that real estate.
15.
The location and dimensions of the vertical boundaries of each
unit.
16.
Any horizontal unit boundaries, with reference to established
datum.
17.
Building setback lines required by the Pleasant Valley Zoning
Ordinance with dimensions.
18.
Location, type, material and size of all survey monuments and
lot markers, including benchmarks with elevations referenced to mean
sea level datum.
19.
Purposes for which areas are dedicated or reserved (i.e., open
space, common area).
20.
Location of water mains, valves and fire hydrants.
21.
Certificate of the owner creating the condominium, granting
easements with statement of the use or uses for which granted, establishing
building lines and referring to the restrictions of all types and
trusteeships which will run with the land and become covenants in
the deeds for the lots.
22.
Certificates of all owners and holders of the deeds of trust,
approving the plat as prepared and releasing from the lien created
by said deeds of trust all land dedicated to the public use on the
plat.
23.
Certification by a Missouri-registered land surveyor that the
plat represents a survey made by him/her and that all the necessary
survey monuments are correctly shown thereon and that the size of
each lot, building and unit is correctly indicated by dimensions and
square feet of area. Impressed thereon and affixed thereto shall be
the personal seal and signature of the registered land surveyor by
whom or under whose authority and direction the plat was prepared
in conformance with Missouri Revised Statutes. Any certification of
a plat required shall be made by a Missouri-registered and -licensed
surveyor.
24.
Certification that real estate taxes are paid shall be furnished
in the form of copies of paid real estate tax bills on the land subject
to the condominium plat or condominium building conversion plat.
25.
Certificate indicating approval of the plat by the Board of
Aldermen of the City of Pleasant Valley, prepared for execution by
the Mayor and City Clerk over the seal of the City of Pleasant Valley.
Such certification shall include signature lines for the surveying
company, owner(s) or developer(s). The owner's signature line
must have a notary signature line. Also required are a signature line
for the City Clerk and a separate line stating: "Approved by the Board
of Aldermen this _____ day of __________ by Ordinance No. __________"
to be completed by the City Clerk.
26.
Additional information, drawings, plans or documentation may
be requested when deemed necessary or appropriate for a full and proper
consideration and disposition of the application.
B.
Declaration Requirements. In addition to the plat, an applicant will be required to submit a copy of the declaration in compliance with Section 415.150 below. The declaration shall contain the following information as required by Chapter 448, RSMo., or any similar Statute then in force:
1.
The name of the condominium, which shall include the word "condominium"
or be followed by the words "a condominium" and the association.
2.
The name of every county in which any part of the condominium
is situated.
3.
A legally sufficient description of the real estate included
in the condominium.
4.
A statement of the maximum number of units, which the declarant
reserves the right to create.
5.
A description of the boundaries of each unit created by the
declaration, including each unit's identifying number.
6.
A description of any limited common elements.
7.
A description of any real estate, except real estate subject
to development rights, which may be allocated subsequently as limited
common elements, together with a statement that they may be so allocated.
8.
A description of any development rights and other special declarant
rights reserved by the declarant, together with a legally sufficient
description of the real estate to which each of those rights applies
and a time limit within which each of those rights shall be exercised.
9.
If any development right may be exercised with respect to different
parcels of real estate at different times, a statement to that effect,
together with (a) either a statement fixing the boundaries of those
portions and regulating the order in which those portions may be subjected
to the exercise of each development right or a statement that no assurances
are made in those regards and (b) a statement as to whether, if any
development right is exercised in any portion of the real estate subject
to that development right, that development right shall be exercised
in all or in any other portion of the remainder of that real estate.
10.
Any other conditions or limitations under which rights may be
exercised or will lapse.
11.
An allocation to each unit of the allocated interests.
12.
Any restrictions on use, occupancy and alienation of the units.
13.
The recording data for recorded easements and licenses appurtenant
to or included in the condominium or to which any portion of the condominium
is or may become subject by virtue of a reservation in the declaration.
14.
All matters required under Chapter 448, RSMo.
15.
The declaration may contain any other matters the declarant
deems appropriate.
C.
Bylaws Requirements. In addition to the plat, an applicant will be required to submit a copy of the declaration/bylaws/covenants, conditions and restrictions (CCR) in compliance with Section 415.150 below. The bylaws shall contain the information required by Chapter 448, Sections 488.170 and 488.180, RSMo.
[Ord. No. 3356, 10-7-2019]
A.
In considering and acting upon plats and other applicable plans,
staff and the Board of Aldermen shall take the following objectives
into consideration:
1.
Compatibility of lot size and density;
2.
Creation of a lot which provides adequate dimensions to construct
improvements of similar size and nature to the surrounding area;
3.
Creation of a lot which is in compliance with the area and frontage
requirements (no flag lots) as specified in the Zoning Ordinance and
provides for an orderly pattern of development;
4.
Promotion of a creative approach to the use of land and related
physical facilities resulting in better site layout and development;
5.
Preservation and enhancement of desirable site characteristics
such as natural topography, vegetation and geologic features and the
prevention of soil erosion;
6.
Elimination of incompatible land configurations;
7.
Consistency with good planning practices;
8.
Compliance with all applicable codes, ordinances and standards.
[Ord. No. 3356, 10-7-2019; Ord. No. 3362, 12-2-2019]
A.
An applicant pursuing approval of a condominium plat within the City
of Pleasant Valley shall submit to the City Clerk's office the
required number of copies of the subdivision plat and the following
information:
1.
The completed application form; and
2.
Application fee; and
3.
Five (5) copies of the plat; and
4.
Proof of ownership; and
5.
Proof of payment of current property taxes and that no delinquent
fees are owed to the City; and
6.
A written letter describing the scope and nature of the application;
and
7.
A copy of the declaration/bylaws; and
8.
A copy of the covenants, conditions and restrictions (CCR);
and
9.
A current title report not older than ninety (90) days from
date of submission.
B.
Staff will verify that the new development complies with all applicable
codes and is being constructed in accordance to approved plans. Any
improvement required as part of new development shall be previously
approved (via approval of a subdivision plat or site plan) prior to
the submission of an application for a condominium plat approval.
Additionally, all improvements required must be either fully installed
or guaranteed by a cash deposit or construction bond.
C.
The Director of Public Works or his/her designee, in addition to other staff as appropriate, shall review the submittal and make a determination as to whether the submittal is complete and accurate. If the submittal is deemed incomplete, the Director of Public Works shall notify the applicant as to what additional information is needed. Once the submittal is complete, then the application will be forwarded to the Board of Aldermen for consideration. However, if staff determines an application to be incomplete, the applicant may request in writing that the application be forwarded to the Board of Aldermen nonetheless. The application will then be forwarded to the Board of Aldermen for their consideration as outlined in Section 415.170 below.
[Ord. No. 3356, 10-7-2019; Ord. No. 3362, 12-2-2019]
A.
For owners of existing buildings desiring to convert to condominium
ownership, the following procedure will apply:
1.
Prior to or concurrent with the submittal of an application
for condominium building conversion plat approval, the applicant must
have the subject building inspected by the Building Inspector. The
Building Inspector shall conduct an inspection to verify that the
existing structure is in compliance with applicable building codes
and all other ordinances. If not in compliance, all violations must
be corrected prior to Board of Aldermen consideration.
2.
For Board of Aldermen consideration, the applicant must submit
to the City Clerk's office the required number of copies of the
subdivision plat and the following information:
a.
The completed application form; and
b.
Application fee; and
c.
Five (5) copies of the plat; and
d.
Proof of ownership; and
e.
Proof of payment of current property taxes and that no delinquent
fees are owed to the City; and
f.
A written letter describing the scope and nature of the application;
and
g.
A copy of the declaration/bylaws; and
h.
A copy of the covenants, conditions and restrictions (CCR);
and
i.
A current title report not older than ninety (90) days from
date of submission.
B.
The Director of Public Works or his/her designee, in addition to
other staff as appropriate, shall review the submittal and make a
determination as to whether the submittal is complete and accurate.
If the submittal is deemed incomplete, the Director of Public Works
shall notify the applicant as to what additional information is needed.
Once the submittal is complete and the Building Official or his/her
designee has verified that the existing structure is in compliance
with all building codes and ordinances, then the application will
be forwarded to the Board of Aldermen for consideration.
[Ord. No. 3356, 10-7-2019]
The Board of Aldermen will consider condominium plats at its
regularly scheduled meetings. It is necessary that the applicant or
applicant's representative familiar with the requested condominium
plat appear personally at the meeting to answer questions. A condominium
plat is approved by ordinance. The Board of Aldermen may, at its discretion,
add to or delete conditions recommended by the staff.
[Ord. No. 3356, 10-7-2019]
If a declarant wishes to amend an approved condominium plat
for the purpose of modifying the vertical dimension of specific units
or combining one (1) or more units, the Director of Public Works is
authorized to administratively approve such amendments if it is determined
that the proposed modifications otherwise comply with applicable City
ordinances. The administrative approval authorized hereby shall not
extend to or encompass any amendment that would increase the number
of units or alter the exterior dimensions of the building in which
the units are located.
[Ord. No. 3356, 10-7-2019]
Any applicant who feels aggrieved by any decision of the Board of Aldermen or any other City Official may, within fifteen (15) days of the decision for which redress is sought, file directly to the Board of Zoning Adjustments, acting as the Board of Appeals as authorized under Section 410.230 of the Pleasant Valley City Code, a written request for an appeal. The written request must set forth in a concise manner the decision being appealed and all grounds known to the applicant as to wherein and why the original decision is allegedly in error.
[Ord. No. 3356, 10-7-2019]
In the event that the Board of Aldermen denies an application
for a condominium plat approval, the same application or substantially
similar application will not be accepted for a period of at least
one (1) year from the date of denial by the Board of Aldermen.
[Ord. No. 3356, 10-7-2019]
Condominium plats which have been approved by the Board of Aldermen
must be filed and recorded with the Clay County Recorder of Deeds.
The applicant must submit proof of such filing to the City Clerk within
thirty (30) days from the approval date by the Board of Aldermen.
After that time, the applicant shall be required to resubmit the original
or a revised condominium plat for Board of Aldermen approval. The
Board of Aldermen may reject such a reapplication in light of new
facts and circumstances relating to the context within which the prior
condominium plat approval was granted.
