City of O'Fallon, MO Article V Planned Developments And Planned Unit Development

Section 400.165 Definition, Purpose, Designation And Exceptions.

[Ord. No. 7042, 8-24-2023]

A. Definition. The term "Planned Development" refers to a specific parcel of land or several contiguous parcels of land under common ownership or control which, when designed in accordance with this Article and approved by the City Council, allow for the development of residential, commercial, office, high tech or industrial land by means of an alternate, more flexible method than would be permitted utilizing the City's conventional Zoning Code and Subdivision and Land Development Code regulations. A proposed Planned Development will only be reviewed if it is determined to meet the qualifying objectives to the satisfaction of the City Council of one (1) of the three (3) types of permitted Planned Developments outlined below. Under no circumstances will a Planned Development be permitted when the same development objectives can be accomplished utilizing the City's conventional Zoning Code and Subdivision and Land Development Code regulations.

B. Purpose. A Planned Development permitted in accordance with this Article shall be considered as an alternative method for the development of land under special circumstances described herein and only upon terms agreeable to the City Council. Because of this alternative method of development, special design standards are hereby established to govern and guide the creation of a Planned Development. To enable thorough analysis of a Planned Development, more information is demanded about the proposed development than would be required if the development were being proposed under the City's conventional Zoning Code and Subdivision and Land Development Code regulations. Therefore, all proposed Planned Developments must undergo a two (2) stage (area plan and final plan) review process through both the Planning and Zoning Commission and City Council per the requirements of this Article. It should be clearly understood that the review and approval of a Planned Development is a privilege to be earned based on the design of the project in full compliance with this Article. The decision to approve a proposed Planned Development shall be at the sole discretion of the City Council.

C. Planned Development Designation. With the exception of the zoning districts listed below, the City Council may attach the designation of Planned Development to land within any of the City's residential, commercial, high tech or industrial zoning districts in conjunction with the approval of an area plan per the requirements of this Article.

D. Exceptions To The Planned Development Designation. Under no circumstances shall the Planned Development designation be attached to the City's "R-5" Mobile/Manufactured Home Park District. "AG" Agricultural District, "P-R" Park-Recreation District, "TGD" Transitional Growth District or the Senior Community Overlay District. In addition, the Planned Development designation shall only be attached to the City's "R-3" Medium Density Residential District and "R-4" Apartment Building District if multi-family housing is proposed (either rental or owner-occupied). The Planned Development designation shall not be attached to the City's "MUTDD" Mixed-Use Traditional Development District. However, proposed developments utilizing the City's "MUTDD" Mixed-Use Traditional Development Zoning District must undergo the same two (2) stage (area plan and final plan) review process through both the Planning and Zoning Commission and City Council per the requirements of this Article.

Section 400.170 Types Of Planned Developments And The Qualifying Objectives.

[Ord. No. 7042, 8-24-2023]

A. Types Of Planned Developments And The Qualifying Objectives. The City Council shall only attach the Planned Development Designation to a site and subsequently approve a Planned Development if it is determined to meet the qualifying objectives to the satisfaction of the Council of one (1) of the three (3) types of permitted Planned Developments outlined below:

1. Environmental Protection Planned Developments. A proposed environmental protection planned development is for a residential, commercial, office, high tech or industrial site that must, to the satisfaction of the City Council, provide for the permanent protection and preservation of the natural features and environmentally sensitive areas of the site.

a. Qualifying Objectives. The qualifying objectives for permitting the review of a proposed environmental protection planned development is to encourage the permanent protection of the environmentally sensitive areas of a site while still allowing for the site's development by concentrating development away from these environmentally sensitive areas. In order to accomplish the separation of the environmentally sensitive areas from the areas of the site suitable for development, limited departure from strict conformance to the underlying zoning district regulations and/or Subdivision and Land Development Code regulations may be permitted by the City Council in accordance with the allowances of this Article.

2. Redevelopment Planned Developments. A proposed redevelopment planned development is for residential, commercial, office, high tech or industrial development at a specific site or location within the City that, as determined by the City Council, is in a state of decline and/or in need of redevelopment.

a. Qualifying Objectives. The qualifying objectives for permitting the review of a proposed redevelopment planned development is to provide an incentive for the development community to develop at these specific sites or locations. The incentive provided to the developer would be through the permitted flexibility of the design of the site by allowing for limited departure from strict conformance to the underlying zoning district regulations and/or Subdivision and Land Development Code regulations per the allowances of this Article. By allowing for the limited departure from strict conformance to these regulations, proposed developments that may not otherwise be financially feasible may become attractive to the development community. Although many proposed developments of this nature will instead be encouraged to utilize the City's "MUTDD" Mixed-Use Traditional Development Zoning District classification (which must follow the same two (2) stage area plan and final plan review and approval process outlined in this Article), there may be instances where proposed developments cannot meet the required size and/or required mix of residential and non-residential uses necessary to utilize the City "MUTDD" zoning classification.

3. Special Exception Planned Developments. A proposed special exception planned development is for a commercial, office, high tech or industrial site that, due to its irregular shape and size, would necessitate the need for variances from the City's Zoning Code and/or Subdivision and Land Development Code through the Board of Adjustment after the initial approval of the proposed development by the Planning and Zoning Commission.

a. Qualifying Objectives. The qualifying objectives for permitting the review of a proposed special exception planned development is to allow for both the Planning and Zoning Commission and City Council to comprehensively review the proposed development in its entirety (without the involvement of the Board of Adjustment) per the required two (2) stage area plan and final plan requirements of this Article. The variances needed for the proposed development would instead be reviewed as the proposed modifications to the underlying zoning district regulations and/or Subdivision and Land Development Code regulations per the allowances of this Article. This would no longer place the burden upon the Planning and Zoning Commission of having to decide whether a proposed development should be approved contingent upon receiving variances through the Board of Adjustment. This would also no longer place the burden upon the Board of Adjustment of having to decide whether or not to grant the requested variances on a proposed development that they have limited familiarity with that was approved by the Planning and Zoning Commission contingent upon receiving the variances.

Section 400.175 Design Standards For A Planned Development.

[Ord. No. 7042, 8-24-2023]

A. Size Requirements. There shall be no minimum or maximum size requirement for a site to be developed as a Planned Development.

B. Permitted Modifications To The Zoning District Regulations. Upon approval by the City Council, a Planned Development may depart from strict conformance to certain underlying zoning district regulations to which the Planned Development designation has been attached. The departure from strict conformance to these underlying zoning district regulations shall only be permitted if deemed necessary for the proper design of the Planned Development. Proposed modifications to the underlying zoning district regulations are limited to one (1) or more of the following:

1. Reduction of the minimum lot area requirements.

2. Reduction of the minimum lot width requirements.

3. Reduction of the minimum lot depth requirements.

4. Reduction of the front yard setback requirements.

5. Reduction of the side yard setback requirements.

6. Reduction of the rear yard setback requirements.

7. Reduction of the distance between grouped buildings requirements.

8. Increase in the maximum lot coverage requirements.

9. Increase in the maximum height requirements.

10. Modification to the landscaping requirements.

11. Modification to the off-street parking and loading requirements.

C. Permitted Modifications To The Subdivision And Land Development Code Regulations. Upon approval by the City Council, a Planned Development may depart from strict conformance to certain regulations of the Subdivision and Land Development Code. The departure from strict conformance to these Subdivision and Land Development Code regulations shall only be permitted if deemed necessary for the proper design of the Planned Development. Proposed modifications to the Subdivision and Land Development Code are limited to one (1) or more of the following:

1. Reduction of the minimum right-of-way requirements for minor residential and cul-de-sac streets.

2. Reduction of the minimum centerline radii for minor residential and cul-de-sac streets.

3. Reduction of the minimum corner radii at the back of curb for minor residential and cul-de-sac streets.

4. Reduction of the minimum block length.

5. Increase in the maximum block length.

6. Increase in the maximum length of cul-de-sacs.

7. Modification to the requirements for private alleys.

8. Modification to the requirements for sidewalks.

9. Modification to the requirements for street tree placement.

D. Regulations Which May Not Be Modified. A Planned Development must meet the use and density limitations of the underlying zoning district in which the development is to be located. All requirements of the underlying zoning district and the Subdivision and Land Development Code remain applicable except as specifically modified pursuant to the allowance of this Article as approved by the City Council. Under no circumstances shall the applicable flood hazard prevention requirements, stormwater detention requirements, grading requirements, soil erosion and sediment control requirements, central utility requirements, tree preservation requirements, screening of outdoor equipment requirements, or performance standards (e.g., air and water pollution, noise, odor, fire hazard, etc.) be modified in conjunction with the approval of a Planned Development. In addition, all other City, County, State, and Federal regulations and development requirements shall apply to the Planned Development.

E. Residential Density. Under no circumstances shall the residential density of a Planned Development exceed that which would normally be permitted in the underlying residential zoning district to which the Planned Development designation has been attached.

1. Calculation Of Density. The computation of residential density shall be based on the dwelling units per net acreage of the residentially zoned portion of the site. Net acreage is determined by subtracting the area devoted to public street rights-of-way, private alleys and dry detention basins from the gross acreage of the residentially zoned portion of the site. To compute residential density, the net acreage of the residentially zoned portion of the site shall be divided by the smallest minimum lot size allowed in the underlying residential zoning district to which the Planned Development designation has been attached. In situations where a Planned Development designation is attached to two (2) or more underlying residential zoning districts, the residential density shall be calculated separately for each of the underlying residential zoning district to which the Planned Development designation has been attached.

F. Permanent Protection Of Environmentally Sensitive Areas. All environmental protection planned developments shall, to the satisfaction of the City Council, be designed in accordance with the following requirements:

1. No modification, alteration or construction of any type may occur in flood hazard areas. This includes all floodways, all floodway fringe areas, areas of 500-year flood, areas of 100-year flood with average depths of less than one (1) foot or with drainage areas less than one (1) square mile, and areas protected by levees from 100-year flood.

2. No modification, alteration or construction of any type may occur in areas containing wetlands as determined by the U.S. Army Corp of Engineers.

3. No modification, alteration or construction of any type may occur in ditches, creeks, streams, or other watercourses and natural drainage ways vital to the natural performance of the watershed as determined by the City's Stormwater Engineer.

4. No modification, alteration or construction of any type may occur in areas where slopes are in excess of forty percent (40%). To the maximum extent feasible, cutting, filling and benching or terracing of areas with slopes ranging from fifteen percent (15%) to forty percent (40%) for the purpose of creating additional building area or larger building sites shall be prohibited.

5. No modification, alteration or construction of any type may occur in areas containing soils classified as A-6 to A-8 on the American Association of State Highway and Transportation Officials (A.A.S.H.T.O.) Soil Classification System. These soils are classified as either easily erodible, clayey or highly organic as defined by the Soil Survey of St. Charles County, Missouri, published by the United States Department of Agriculture (U.S.D.A.) Soil Conservation Service. The water table may not be higher than one (1) foot below the lowest floor in any proposed structure.

6. No modification, alteration or construction of any type may occur in areas determined to be vital aquifer recharge or discharge areas as determined by the Missouri Department of Natural Resources, the U.S. Army Corp of Engineers or the City's Stormwater Engineer.

7. No modification, alteration or construction of any type may occur in areas determined to be vital for the protection of wildlife as determined by the Missouri Department of Conservation.

8. No modification, alteration or construction of any type may occur in areas determined to be of archaeological or historical significance as determined by the Missouri Department of Natural Resources State Historic Preservation Office.

9. Existing trees preserved within the areas within the environmental protection planned development subject to the above-listed requirements may be counted towards meeting the tree preservation requirements of Chapter 402, Trees and Landscaping, of this Code.

10. All areas within the environmental protection planned development subject to the above-listed requirements shall be identified on a separate environmentally sensitive area protection plan included as part of both the area plan and final plan applications. The environmentally sensitive area protection plan may be combined with the tree preservation plan required per Chapter 402 of this Code.

11. All areas within the environmental protection planned development subject to the above-listed requirements shall be protected through the establishment of a permanent conservation easement held by the landowner(s), a homeowners' association or a land trust.

G. Common Ground Requirements. At least twenty percent (20%) of the gross land area of an environmental protection planned development or a residential redevelopment planned development, or an area of a size equivalent to one (1) acre for each one hundred (100) persons of expected population of the development, whichever is greater, shall be set aside as common ground. The expected population shall be determined by multiplying the total number of dwelling units by three (3) persons (the City's average household size per the 2020 Census). Common ground shall be designed in accordance with the following requirements:

1. Private alleys and dry detention basins may not be counted towards meeting the common ground requirement.

2. The natural areas protected through the establishment of the required permanent conservation easement in an environmental protection planned development may be included in meeting all or part of the common ground requirement. The extent that these natural areas may be counted towards meeting the common ground requirement will be dependent upon the suitability of the natural areas for use by residents as determined by the City Council.

3. To the satisfaction of the City Council, throughout environmental protection planned developments and residential redevelopment planned developments, common ground shall be equitably distributed in relation to the dwelling units that such common ground is intended to serve and shall be connected via a series of sidewalks, paths or multi-purpose trails.

4. Lakes that serve the dual purpose of stormwater retention may be counted towards meeting one-fourth (1/4) of the common ground requirement.

5. Areas within common ground that contain recreational amenities shall be counted towards meeting the common ground requirement.

6. The use, operation and maintenance of common ground within an environmental protection planned development or a residential redevelopment planned development shall be guaranteed by the establishment of trust indentures providing for the establishment of a homeowners' association. Said trust indentures shall be approved by the City staff prior to recording the trust indentures simultaneously with the recording of the record plat.

H. Perimeter Buffering Requirements. Regardless of political boundaries, when a residential Planned Development is proposed adjacent to an existing residential development or residential zoning district, there shall be a minimum twenty (20) foot wide permanent buffer area. Regardless of political boundaries, when a residential Planned Development is proposed adjacent to an existing commercial, office, high tech or industrial land use or non-residential zoning district, there shall be a minimum thirty (30) foot wide permanent buffer area. Regardless of political boundaries, when a non-residential Planned Development is proposed adjacent to an existing residential development or residential zoning district, there shall be a minimum thirty (30) foot wide permanent buffer area. These buffer areas shall be: 1) uniform in setback at all points on the perimeter of the Planned Development; 2) kept in a natural state (if sufficient tree mass exists) or landscaped and/or otherwise provided with screening (i.e., sightproof fencing and/or landscaped earthen berms) to the satisfaction of the City Council; and 3) be kept free of buildings, structures and impervious surfaces. These buffer areas may be designated as common ground or placed within permanent easements on the individual lots. If these buffer areas are placed within permanent easements on the individual lots, the required building setbacks shall be measured from the inside line of the permanent easements.

I. Perimeter Minimum Lot Size Requirements. The perimeter lots within a proposed residential Planned Development adjacent to any existing, proposed, approved or under construction residential subdivision (regardless of political boundaries) must meet or exceed the size and dimensional configuration of the adjacent residential lots in the neighboring subdivision. The only exception to this requirement is when the perimeter lots of a proposed residential Planned Development are adjacent to existing, proposed, approved or under construction residential lots in a neighboring subdivision (regardless of political boundaries) that are two (2) acres or greater in size. When the perimeter lots of a proposed residential Planned Development are adjacent to existing, proposed, approved or under construction residential lots in a neighboring subdivision (regardless of political boundaries) that are two (2) acres or greater in size, the perimeter lots of a proposed residential Planned Development adjacent to these lots shall be a minimum of two (2) acres in size.

Section 400.180 Procedures For Review Of A Planned Development.

[Ord. No. 7042, 8-24-2023]

A. Pre-Application Conference. Not more than three (3) months prior to or less than one (1) month before filing the area plan application, the owner(s) of record or any person(s) acting on behalf of the owner(s) of record shall request and attend a mandatory pre-application conference with the Planning and Development Department to discuss the proposed Planned Development, submission procedures and the provisions of this Article. The purpose of the pre-application conference is to discuss the overall concept of the proposed Planned Development in order to ensure conformity with this Article and other applicable City ordinances and requirements prior to the preparation of detailed plans. In addition, the Planning and Development Department will make the determination as to the need for a traffic study for the site of the proposed Planned Development and the surrounding area as part of the area plan application. This procedure allows the developer to determine the suitability of proposed Planned Development before the applicant has made substantial financial commitments. A memo shall be forwarded by the Director of Planning and Development to both the Planning and Zoning Commission and City Council within seven (7) days of the pre-application conference outlining the proposed Planned Development. The applicant shall bring the following to the pre-application conference:

1. Provide a written correspondence which: 1) identifies the type of proposed Planned Development and how it meets the qualifying objectives for this type of Planned Development outlined within Section 400.170 of this Article; 2) identifies why the proposed development cannot be constructed utilizing the City's conventional zoning district and/or Subdivision and Land Development Code regulations; 3) provides a description of the proposed zoning district and/or Subdivision and Land Development Code regulations proposed to be modified (including the extent of the proposed modification) per the permitted modifications outlined within Section 400.175(B) and (C) of this Article; and 4) identifies how the proposed Planned Development is in conformance with the City's adopted Comprehensive Plan.

2. A sketch plan which identifies the following: 1) the location, size, existing ownership and existing zoning of the site of the proposed Planned Development; 2) an estimate of the location, number and type of residential and non-residential land uses; 3) the preliminary identification of the proposed transportation network (including pedestrian and bicycle accommodations); 4) the preliminary identification of the proposed provisions for central utilities; and 5) the identification of the site's natural features and environmentally sensitive areas.

B. Area Plan. The owner(s) of record or any person(s) legally acting on behalf of the owner(s) of record may apply for the review of an area plan and the Planned Development designation for the proposed Planned Development in accordance with Section 400.185 of this Article. When a Planned Development involves the subdivision of land, the review of the area plan shall also serve as the simultaneous review of the preliminary plat. Following the review of the area plan application and Planned Development designation during a public hearing before the Planning and Zoning Commission, unless tabled by the Planning and Zoning Commission, the application shall be forwarded with a recommendation of approval, approval with conditions, or denial to the City Council. First reading before the City Council shall include a public hearing on the proposed area plan application and Planned Development designation followed by the second reading at the next regularly scheduled meeting of the City Council. After the second reading, unless tabled by the City Council, the Council shall approve, approve with conditions, or deny the area plan and Planned Development designation.

C. Final Plan. Only after the City Council has approved the area plan and Planned Development designation for the proposed Planned Development may the owner(s) of record or any person(s) legally acting on behalf of the owner(s) of record may apply for the review of a final plan in accordance with Section 400.205 of this Article. The application for a final plan shall be for the entire Planned Development, or portion thereof, if the proposed development is to occur in phases. Following the review of the final plan application during a public hearing before the Planning and Zoning Commission, unless tabled by the Planning and Zoning Commission, the application shall be forwarded with a recommendation of approval, approval with conditions, or denial to the City Council. First reading before the City Council will include a public hearing on the proposed final plan application followed by the second reading at the next regularly scheduled meeting of the City Council. After the second reading, unless tabled by the City Council, the Council shall approve, approve with conditions, or deny the final plan.

D. Miscellaneous Approvals.

1. Rezoning/Zoning. An application for review of the rezoning/zoning of the underlying zoning district may be submitted in conjunction with the application for the review of an area plan and the Planned Development designation. The rezoning/zoning application will be reviewed concurrently with the review of the area plan application by both the Planning and Zoning Commission and the City Council. The public hearings before the Planning and Zoning Commission and the City Council may, if deemed appropriate, be for both the area plan application and the application for rezoning/zoning.

2. Grading Plans. After the City Council has approved the area plan and Planned Development designation for the proposed Planned Unit Development, the applicant may submit grading plans for review and approval by the Staff of the City's Planning and Development Department. Grading plans may also be submitted in conjunction with the construction plans after final plan approval has been granted.

3. Construction Plans. Only after the final plan for the entire Planned Development (or portion thereof if the proposed development is to occur in phases) has been approved by the City Council may the applicant submit construction plans for review and approval by the staff of the City's Planning and Development Department. Grading plans may also be submitted in conjunction with the construction plans.

4. Display House Plat. Only after the final plan for the entire Planned Development (or portion thereof if the proposed development is to occur in phases) has been approved by the City Council may the applicant submit a display house plat for review and approval by the Planning and Zoning Commission. A display house plat may be submitted for review and approval by the Planning and Zoning Commission prior to the review and approval of construction plans by City staff.

5. Record Plat. Only after the construction plans have been reviewed and approved by the staff of the City's Public Works Department and Planning and Development Department may the applicant submit the record plat for the entire Planned Development (or portion thereof if the proposed development is to occur in phases) to the City Council for review and approval.

6. Building Permits. Only after the construction plans have been reviewed and approved by the Staff of the City's Planning and Development Department and the record plat for the entire Planned Development (or portion thereof if the proposed development is to occur in phases) has been approved by the City Council may the applicant attempt to obtain building permits through the City's Building Safety Department.

Table 400.180(E) — Procedures for the Review of Planned Development
Step 1 — Pre-Application Conference (required)
Step 2 — Review of the Area Plan/PUD Designation (and Rezoning/Zoning, if applicable)
Area plan submitted to the Planning and Development Department	Review by the Planning and Development Department		Public hearing before the Planning and Zoning Commission. Recommendation to the City Council.		Public hearing and 1st reading before the City Council. Vote to approve, approve with conditions, or deny after 2nd reading before the City Council.
Step 3 — Review of Grading Plans (may be submitted with Construction Plans)
Grading plans submitted to the Planning and Development Department		Review by the Planning and Development Department		Approval granted by staff only after all requirements are met
Step 4 — Review of the Final Plan
Final plan submitted to the Planning and Development Department	Review by the Planning and Development Department		Public hearing before the Planning Commission. Recommendation to the City Council.		Public hearing and 1st reading before the City Council. Vote to approve, approve with conditions, or deny after 2nd reading before the City Council.
Step 5 — Review of Construction Plans
Construction plans submitted to the Planning and Development Department		Review by the Planning and Development Department		Approval granted by staff only after all requirements are met
Step 6 — Review of Display House Plat (may be submitted prior to Construction Plans)
Display house plat submitted to the Planning and Development Department		Review by the Planning and Development Department		Review by the Planning and Zoning Commission. Vote to approve, approve with conditions, or deny by the Planning and Zoning Commission.
Step 7 — Review of Record Plat and Performance Guarantees
Record plat and performance guarantees submitted to the Public Works Department		Review by the Planning and Development Department and Public Works Department		1st reading before the City Council. Vote to approve, approve with conditions, or deny after 2nd reading before the City Council.
Step 8 — Review of Building Permits
Building permits submitted to the Building Safety Department		Review by the staff of the Building Safety Department		Approval granted by staff only after all requirements are met

Section 400.185 Area Plan — Application And Submission Requirements.

[Ord. No. 7042, 8-24-2023]

A. Pre-Application Conference Requirement. Prior to submitting an area plan application, the owner(s) of record or any person(s) acting on behalf of the owner(s) of record shall request and attend a mandatory pre-application conference with the Director of Planning and Development to discuss the proposed Planned Development per the requirements of Section 400.180(A) of this Article.

B. Sign Posting And Application Submission Requirements. Meeting dates, application fees, and application submittal deadlines for the Planning and Zoning Commission and City Council are posted on the City's website (www.ofallon.mo.us) or can be obtained by calling the Planning and Development Department. For first submittal, as outlined in Section 400.190(B) of this Article, fifteen (15) folded and collated sets of the area plan, supporting information and building elevations are required. For second submittal, as outlined in Section 400.190(B) of this Article, twenty-five (25) folded and collated sets of the area plan, supporting information and building elevations are required. The area plan shall be on sheets no larger than twenty-four (24) inches by thirty-six (36) inches and be designed and stamped by a qualified land planner, registered professional architect, civil engineer or land surveyor. In addition to the application fee, the applicant shall be responsible for the cost of the legal notices advertising the public hearings and a mailing fee for the notification of adjacent property owner whose property limits are within an area determined by lines drawn parallel to and within a distance of three hundred (300) feet of the subject site. The area plan application and public hearing sign posting requirements are as follows:

1. Public Hearing Notification And Sign Posting Requirements. The area plan shall be subject to the public hearing notification and sign posting requirements established in Section 400.685 of the Zoning Code.

2. Supporting Information. The following supporting information shall be included with the area plan application:

a. Provide a completed and signed area plan application that includes the names, addresses and phone numbers of the applicant, property owner(s), developer and contract purchaser (if applicable).

b. If the underlying zoning district is proposed to be rezoned/zoned, provide a completed and signed rezoning application per the requirements of Article XVI of the Zoning Code.

c. Provide a legal description of the site (both a printed copy and an electronic copy).

d. Provide a written correspondence which: 1) identifies the type of proposed Planned Development and how it meets the qualifying objectives for this type of Planned Development outlined within Section 400.170 of this Article; 2) identifies why the proposed development cannot be constructed utilizing the City's conventional zoning district and/or Subdivision and Land Development Code regulations; 3) includes a comparison table which identifies the exact zoning district and/or Subdivision and Land Development Code regulations proposed to be modified per the permitted modifications outlined within Section 400.175(B) and (C) of this Article and the corresponding requirements within the underlying zoning district and/or Subdivision and Land Development Code; and 4) identifies how the proposed Planned Development is in conformance with the City's adopted Comprehensive Plan.

e. Provide letters from the applicable school district(s), fire protection district(s), potable water district(s) and sanitary sewer district(s) that verify that they have the capacity to provide service to the proposed Planned Development.

f. Provide a letter from the St. Charles County Planning Department approving the name of the proposed Planned Development and all proposed street names.

g. If deemed necessary by the Planning and Development Department, provide a traffic study for the site of the proposed Planned Development and the surrounding area.

3. Building Elevations. The following colored building elevations shall be included with the area plan application:

a. Proposed Planned Developments which include single-family and two-family homes shall include conceptual colored building elevations of all the typical, representative housing styles within the proposed development that as closely as possible resemble how they will appear upon completion.

b. Proposed Planned Developments which include multi-family residential, commercial and industrial components shall include conceptual colored building elevations of all sides of all proposed buildings as closely as possible as they will appear upon completion. The colored building elevations should be prepared by a licensed architect, registered engineer or a building designer certified through the National Council of Building Designer Certification Program and drawn to an identified scale of 3/32," 1/8" or 1/4" = 1'. The colored building elevations should be labeled north, south, east, and west, as well as front, rear, left and right sides. The colored building elevations should identify dimensions, exterior colors, exterior materials and textures. The colored building elevations shall demonstrate that all rooftop mechanical apparatus will be thoroughly screened from the view of adjacent streets and properties. In order to fully and more accurately portray the proposed development, the applicant is highly encouraged to provide as much of the additional detail and information as possible that will be required as part of the final plan application (streetscape renderings, a material and color sample board, roof plan, etc.).

4. Area Plan. The following information shall be included on the area plan on sheets no larger than twenty-four (24) inches by thirty-six (36) inches:

a. Identify the name of the proposed Planned Development. The name shall be original and must be approved by the St. Charles County Planning Department.

b. Provide a site location map that shows site in relation to the surrounding area. Provide a north arrow and scale on each page of the plans. The identified scales shall be 1" = 20' through 1" = 200'.

c. Provide on the plans a comparison table which identifies the exact zoning district and/or Subdivision and Land Development Code regulations proposed to be modified per the permitted modifications outlined within Section 400.175(B) and (C) of this Article and the corresponding requirement within the underlying zoning district and/or Subdivision and Land Development Code.

d. Identify the boundaries of the site, including bearings and distances, and size of the subject property correlated with the legal description of said property. Identify the existing and proposed zoning of the Planned Development. If the proposed Planned Development encompasses more then one (1) zoning district, all district boundary lines shall be clearly indicated. Identify the boundary lines of applicable school districts, fire protection districts, potable water districts, sanitary sewer districts, and adjacent municipal and County limits.

e. Identify the existing zoning and land use of all adjacent properties (regardless of political boundaries) whose property limits are within an area determined by lines drawn parallel to and within a distance of three hundred (300) feet of the site of the proposed Planned Development. Within this area, identify the names of all adjacent subdivisions, public and private streets, alleys, right-of-way widths, easements, and public walkways adjacent to or connecting with the subject site.

f. Provide the total gross land area of the proposed Planned Development in acres. Provide a breakdown of the total gross area by proposed land uses types. Proposed Planned Developments which include residential uses shall provide a breakdown of the number of residential units for each housing type, density calculations, the average lot size, and the size of the ten (10) smallest lots.

g. Proposed Planned Developments which include commercial, high tech and industrial uses shall provide site coverage calculations in acreage, square feet and percentage that identify the area proposed for building coverage, paved areas and landscape/open space. The combined totals of the site coverage calculation shall equal one hundred percent (100%) of the site.

h. Identify the layout of the entire proposed Planned Development showing proposed land uses, lot configurations, building footprints, building square footage, building heights, yard setbacks, existing and proposed streets, existing and required sidewalks and multi-purpose trails, location of trash enclosures, required off-street vehicular and bicycle parking (including supporting calculations), required landscaping (including a legend and supporting calculations), required bufferyards (including fencing and landscaped earthen berms), and open space and recreational areas. Identify the lot sizes and dimensional configurations of all existing, proposed, approved or under construction residential lots (regardless of political boundaries) that border the site of the proposed Planned Development. Provide typical sections and a lot data table for all proposed residential lot sizes and types within the proposed Planned Development [including perimeter lots subject to the minimum lot size requirements of Section 400.175(G) of this Article]. Identify all land areas to be dedicated and reserved for public use and/or areas to be dedicated as common ground under the control of a homeowners' association. Identify and label all existing structures on the site to both remain and be removed.

i. Identify the layout, right-of-way width, surfacing material, and names of all existing and proposed public streets, private streets and alleys within the proposed Planned Development. In addition, show existing and proposed driveways, curb cuts and easements of cross-access both within the proposed Planned Development and within one hundred (100) feet of the site.

j. Label all existing utilities (public and private) such as water, sanitary sewer, storm sewer, electrical, gas, and indicate their location and size. Identify the proposed layout of the public sanitary, storm and water systems that would serve the Planned Development as well as all other utilities (both public and private), including location and size. Indicate how stormwater detention will be provided per Section 405.240 of the Subdivision and Land Development Code.

k. Label all existing easements, high-tension power lines and towers, cell towers, bridges, culverts, drains, etc. In accordance with Section 400.250 of the Zoning Code, identify all hazardous pipeline easements and the exact location of the pipeline(s) within the pipeline easements within five hundred (500) feet of the site of the proposed Planned Development.

l. Identify all natural features of the site, including steep slopes, tree masses, lakes, ponds, wetlands, streams, creeks, ditches, dry river beds, and other natural watercourses and drainageways. Identify the topography of the site in at least five (5) foot intervals. When terrain is irregular and/or slopes exceed forty percent (40%), contours shall be at two (2) foot intervals.

m. Identify the existing 100-year floodplain and floodway boundaries (where applicable). Include a note stating whether the site is within or outside the 100-year floodplain and reference the applicable Flood Insurance Rate Map panel number and date. Identify wetlands subject to U.S. Army Corp of Engineer regulations.

n. Proposed environmental protection planned developments shall provide a separate environmentally sensitive area protection plan that demonstrates compliance with the requirements of Section 400.175(F) of this Article.

o. Provide a separate tree preservation plan in compliance with Chapter 402, Trees and Landscaping, of this Code. Proposed environmental protection planned developments may incorporate the required environmentally sensitive area protection plan with the tree preservation plan.

p. Provide a complete set of notations and descriptions of all relevant site information needed to demonstrate compliance with all applicable codes, requirements and restrictions.

Section 400.190 Procedure For The Review Of An Area Plan.

[Ord. No. 7042, 8-24-2023]

A. Advertisement Of The Public Hearings. The Planning and Development Department will prepare legal notices advertising the public hearings for the review of the area plan application before both the Planning and Zoning Commission and City Council. The legal notices shall be placed 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 scheduled within thirty-five (35) days of the area plan application deadline during a regularly scheduled meeting of the Planning and Zoning Commission. The public hearing before the City Council will be scheduled for the next regularly scheduled meeting of the City Council following the public hearing before the Planning and Zoning Commission. The City will be responsible for researching and notifying by mail all property owners whose property limits are within an area determined by lines drawn parallel to and within a distance of three hundred (300) feet from the site of the proposed Planned Development. In the event that the area plan application is tabled at the request of the applicant or their authorized or designated representative(s), the applicant shall be responsible for both the cost of readvertising the public hearings and the re-notification of the adjacent property owners. The applicant is responsible for posting a sign(s) upon the subject property advertising the public hearings per the requirements of Section 400.185(B)(1) of this Article.

B. Review Of The Area Plan Application. Upon receipt of the area plan application, staff of the City's Planning and Development Department will determine if it is contains all the necessary information to proceed with the review. If it is determined that it is complete, staff from the City's Planning and Development Department will conduct a comprehensive review of the applicant's first submittal and provide a written list of any items that will need to be corrected, modified or amended in order to meet the requirements of this Article. The applicant will then be given the opportunity to make the needed corrections, modifications and amendments on their second submittal. If the applicant fails to address the needed corrections, modifications and amendments on the second submittal to the satisfaction of the Director of the Planning and Development Department, staff will recommend to the Planning and Zoning Commission that this item be tabled. If tabled by the Planning and Zoning Commission for failure of the applicant to address the needed corrections, modifications and amendments on the second submittal to the satisfaction of the Director of the Planning and Development Department, the applicant will be responsible for the cost of readvertising the public hearing(s) and renotifying the adjacent property owners.

C. Preparation Of A Staff Report. The Planning and Development Department will prepare a staff report containing an analysis of the proposed Planned Development and the area plan application. A copy of the area plan application and the staff report will be distributed to each of the members of the Planning and Zoning Commission. A copy of the staff report will be provided to the applicant. The staff report will also be available for public review in the City's Planning and Development Department.

D. Review By The Planning And Zoning Commission. The Planning and Zoning Commission will review the area plan application and Planned Development designation and conduct a public hearing on the proposed Planned Development. The public hearing is open to all citizens. The applicant and/or their authorized or designated representative(s) must attend the meeting and make a formal presentation to the Planning and Zoning Commission. Failure of the applicant and/or their authorized or designated representative(s) to attend the meeting shall cause the Planning and Zoning Commission to table the request for area plan approval. If tabled by the Planning and Zoning Commission for failure of the applicant and/or their authorized or designated representative(s) to attend the meeting, the applicant will be responsible for the cost of readvertising the public hearing(s) and renotifying the adjacent property owners. During the public hearing, the Planning and Zoning Commission will entertain comments from both proponents and opponents of the proposed Planned Development. After the public hearing, the Planning and Zoning Commission shall conduct a formal vote on the area plan application and Planned Development designation and either: 1) table the request due to lack of sufficient information to make a formal recommendation to the City Council; 2) recommend approval to the City Council; 3) recommend approval with conditions to the City Council; or 4) recommend denial to the City Council.

E. Review By The City Council. During the first reading, the City Council will review the staff report and the recommendation by the Planning and Zoning Commission to approve, approve with conditions, or deny the area plan application and Planned Development designation. The applicant and/or their authorized or designated representative(s) must attend the meeting and make a formal presentation to the City Council. Failure of the applicant and/or their authorized or designated representative(s) to attend the meeting shall cause the City Council to table the first reading and public hearing. If tabled by the City Council for failure of the applicant and/or their authorized or designated representative(s) to attend the meeting, the applicant will be responsible for the cost of readvertising the public hearing(s) and renotifying the adjacent property owners. During the public hearing which is part of first reading, the City Council will entertain comments from both proponents and opponents of the proposed Planned Development. Following the second reading, which usually takes place at the next regularly scheduled meeting, unless tabled by the City Council, the Council shall approve, approve with conditions, or deny the area plan application and Planned Development designation.

Section 400.195 Criteria For Approving An Area Plan.

[Ord. No. 7042, 8-24-2023]

A. The Planning and Zoning Commission shall only recommend approval or approval with conditions of an area plan and the Planned Development designation to the City Council, and the Council shall only approve or approve with conditions said area plan and Planned Development designation if the proposed Planned Development has provided a detailed description of how they have met the following criteria:

1. The proposed Planned Development meets the qualifying objectives to the satisfaction of the City Council of one (1) of the three (3) types of permitted Planned Developments outlined in Section 400.170 of this Article.

2. The proposed modification to the zoning district regulations and/or the Subdivision and Land Development Code regulations are limited to those specifically outlined in Section 400.175(B) and (C) of this Article and are deemed necessary for the proper design of the proposed Planned Development.

3. The proposed Planned Development is in conformance with the permitted uses of the underlying zoning district in which the proposed Planned Development is to be located.

4. The proposed Planned Development meets or exceeds all of the design standards outlined in Section 400.175 of this Article that pertains to the type of proposed Planned Development. If the proposed Planned Development is to be constructed in phases, each phase must meet or exceed these design standards.

5. The density of a proposed residential Planned Development does not exceed that which would normally be permitted in the underlying zoning district to which the Planned Development designation has been proposed.

6. The proposed Planned Development is in conformance with the City's adopted Comprehensive Plan.

7. The proposed Planned Development will be adequately served by public facilities and services. If certain public facilities and services are not currently available at the site of the proposed Planned Development, the applicant must have demonstrated that they will be available at the site prior to the need for these services and facilities.

8. Ingress and egress to the proposed Planned Development is designed to minimize traffic congestion on the public streets outside of the Planned Development and to facilitate the free flow of traffic, both vehicular and pedestrian, within the Planned Development.

Section 400.200 Effect Of The Approval/Denial Of An Area Plan.

[Ord. No. 7042, 8-24-2023]

A. Effect Of An Approved Area Plan. The approval of an area plan by the City Council shall authorize the applicant to request approval of the final plan(s) for the proposed Planned Development per the requirements of this Article. The approval of an area plan shall run with the land and shall remain valid if there is a subsequent change in the ownership of any or all of the area encompassing the Planned Development. If the Planned Development involves the subdivision of land, the approval of the area plan also serves as the simultaneous approval of a preliminary plat. In addition, the approval of the area plan allows the developer to seek approval of grading plans for the site per the requirements of Section 405.070 of the Subdivision and Land Development Code.

B. Official Planned Development Designation. Within five (5) working days of approval of the area plan and Planned Development designation by the City Council, the Mayor shall accurately note, and the City Clerk shall attest, the Planned Development designation for the site in question on the City's Official Zoning Map. The symbol "PD" will be placed over the underlying zoning district classification.

C. Expiration Of An Approved Area Plan. The approved area plan for a Planned Development that is to be constructed in a single phase shall expire and be deemed null and void and without force or effect one (1) year after the date of approval unless a final plan has been approved by the City Council. For a Planned Development that is to be constructed in two (2) or more phases, the approved area plan shall expire and be deemed null and void and without force or effect one (1) year after the date of approval unless a final plan has been approved by the City Council for the initial phase. The final plans for all subsequent phases must be approved by the City Council within two (2) years of the date of the original area plan approval.

D. Extension Of Time Of An Approved Area Plan. Upon written request by the applicant, if good cause can be shown, the City Council, in its discretion, may grant an extension of time of up to one (1) year from the date of the initial expiration of the area plan for the date of approval for the final plan by the City Council [or initial final plan for a Planned Development that is to be constructed in two (2) or more phases]. In granting said extension, the City Council may attach any additional conditions deemed necessary above and beyond those required of the original approved area plan.

E. Modifications Of An Approved Area Plan. The final plan(s) submitted for review by the Planning and Zoning Commission and City Council shall conform to the area plan approved by the City Council. However, if deemed appropriate by the Planning and Zoning Commission during their initial review of the final plan(s), minor variations from the approved area plan may be permitted. A detailed description of all changes must be provided. Major modifications shall require a revised area plan application. Minor modifications are limited to the following:

1. A reduction in the land area to be included in the Planned Development if the proposed lot layout and transportation system remain relatively unaffected.

2. An increase in the land area to be included in the Planned Development not to exceed five percent (5%) if the proposed lot layout and transportation system remain relatively unaffected.

3. A reduction in the number of total dwelling units if the proposed lot layout and transportation system remain relatively unaffected.

4. An increase in the number of total dwelling units not to exceed five percent (5%) if the proposed lot layout and transportation system remain relatively unaffected and the density remains at or below that permitted in the underlying zoning district.

5. A change in the proposed housing style or type if the proposed lot layout and transportation system remain relatively unaffected.

6. A reduction in the gross square footage of non-residential structures if the proposed lot layout and transportation system remain relatively unaffected.

7. An increase in the gross square footage of non-residential structures not to exceed five percent (5%) if the proposed lot layout and transportation system remain relatively unaffected.

8. A minor change in the style of non-residential structures if the proposed lot layout and transportation system remain relatively unaffected.

9. An increase in the amount and/or location of common ground if the proposed lot layout and transportation system remain relatively unaffected.

10. A reduction in the amount of common ground not to exceed five percent (5%) if the proposed lot layout and transportation system remain relatively unaffected and the amount of common ground remains at or above the minimum requirements as established per Section 400.175(E) of this Article.

11. A minor change in the type and location of proposed recreational amenities if the proposed lot layout and transportation system remain relatively unaffected.

12. A minor change in the orientation of buildings, location of off-street parking, location of detention areas, and the type of proposed landscaping if the proposed lot layout and transportation system remain relatively unaffected.

13. A minor realignment of streets or the location of utility lines due to engineering necessity.

14. Revisions similar in nature to those listed above as determined by the Planning and Zoning Commission.

F. Effect Of The Denial Of An Area Plan. No area plan application which has been denied by the City Council shall be resubmitted for a period of one (1) year from the date of said denial, except on the grounds of new evidence or proof of change of factors found valid by the Director of Planning and Development.

Section 400.205 Final Plan — Application And Submission Requirements.

[Ord. No. 7042, 8-24-2023]

A. Approved Area Plan And Planned Development Designation Required. Only after the City Council has approved the area plan and Planned Development designation for the proposed Planned Development may the owner(s) of record or any person(s) legally 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 Planned Development, or portion thereof, if the proposed development is to occur in phases.

B. Sign Posting And Application Submission Requirements. Meeting dates, application fees and application submittal deadlines for the Planning and Zoning Commission and City Council are posted on the City's website (www.ofallon.mo.us) or can be obtained by calling the Planning and Development Department. For first submittal as outlined in Section 400.210(B) of this Article, fifteen (15) folded and collated sets of the final plan, supporting information, building elevations, roof plans and streetscape renderings are required. For second submittal as outlined in Section 400.210(B) of this Article, twenty-five (25) folded and collated sets of the final plan, supporting information, building elevations, roof plans and streetscape renderings are required. The final plan shall be on sheets no larger than twenty-four (24) inches by thirty-six (36) inches and be designed and stamped by a qualified land planner, registered professional architect, civil engineer or land surveyor. In addition to the application fee, the applicant shall be responsible for the cost of the legal notices advertising the public hearings and a mailing fee for the notification of adjacent property owner whose property limits are within an area determined by lines drawn parallel to and within a distance of three hundred (300) feet of the subject site. The final plan application and public hearing sign posting requirements are as follows:

1. Public Hearing Notification And Sign Posting Requirements. The final plan shall be subject to the public hearing notification and sign posting requirements established in Section 400.685 of the Zoning Code.

2. Supporting Information. The following supporting information shall be included with the final plan application:

a. Provide a completed and signed final plan application that includes the names, addresses and phone numbers of the applicant, property owner(s), developer and contract purchaser (if applicable).

b. Provide a legal description of the site (both a printed copy and an electronic copy).

c. Provide a written correspondence which: 1) identifies the type of proposed Planned Development and how it meets the qualifying objectives for this type of Planned Development outlined within Section 400.170 of this Article; 2) identifies why the proposed development cannot be constructed utilizing the City's conventional zoning district and/or Subdivision and Land Development Code regulations; 3) includes a comparison table which identifies the exact zoning district and/or Subdivision and Land Development Code regulations proposed to be modified per the permitted modifications outlined within Section 400.175(B) and (C) of this Article and the corresponding requirements within the underlying zoning district and/or Subdivision and Land Development Code; 4) identifies any proposed minor variations from the approved area plan per the allowances of Section 400.200(E) of this Article; and 5) identifies how the proposed Planned Development is in conformance with the City's adopted Comprehensive Plan.

d. Provide the traffic study (if applicable) that was deemed necessary by the Planning and Development Department and was included in the review of the area plan for the site of the proposed Planned Development and the surrounding area. If a condition of approval of the area plan was to provide a traffic study for the site of the proposed Planned Development and the surrounding area as part of the final plan application, provide said traffic study.

e. Provide a copy of the trust indentures, covenants or deed restrictions in accordance with the Subdivision and Land Development Code that address the maintenance of common ground, recreational amenities, stormwater detention, private roads and parking lots, and other regulations pertaining to the buildings and structures within the proposed Planned Development.

f. Provide a copy of all existing and proposed easements (including cross-access easements) or other restrictions proposed to be imposed upon the use of land, buildings and structures, including proposed easements or grants for public utilities.

g. For a proposed environmental protection planned development, provide a copy of the conservation easement that will permanently protect the environmentally sensitive areas of the site.

h. Provide letters from the applicable school district(s), fire protection district(s), potable water district(s) and sanitary sewer district(s) that verify that they have the capacity to provide service to the proposed Planned Development.

i. Provide a letter from the St. Charles County Planning Department approving the name of the proposed Planned Development and all proposed street names.

3. Building Elevations, Roof Plans, Streetscape Renderings, And Material And Color Samples. The following colored building elevations, roof plans, streetscape renderings, and material and color samples shall be included with the final plan application:

a. Proposed Planned Developments which include single-family and two-family homes shall include colored building elevations of all the typical, representative housing styles within the proposed development that as closely as possible resemble how they will appear upon completion.

b. Proposed Planned Developments which include multi-family residential, commercial and industrial components shall include colored building elevations of all sides of all non-speculative buildings and accessory structures (fences, trash enclosures, retaining walls, mailboxes, carports, exterior lighting fixtures, bike racks and other site furnishings) as they will appear upon completion. The colored building elevations should be prepared by a licensed architect, registered engineer or a building designer certified through the National Council of Building Designer Certification Program and drawn to an identified scale of 3/32," 1/8" or 1/4" = 1'. The colored building elevations should be labeled north, south, east, and west, as well as front, rear, left and right sides. The colored building elevations should identify all dimensions, exterior colors, exterior materials (siding, trim, roof, accoutrements, window treatments, door treatments, foundation treatments, etc.) and textures. The location of proposed signs, including address numbers, shall be shown on the colored building elevations with dimensions for preliminary review (final review and approval of signs requires a separate application). All buildings having rooftop mechanical units shall additionally provide a roof plan with cross sections indicating the size, location and proposed screening material for all mechanical units. A written description of the proposed general design, arrangement, texture, material and color of the buildings and accessory structures is additionally required. For multi-building sites, at least one (1) of the buildings must have detailed colored building elevations submitted as outlined above. For speculative building(s) on the remainder of the site, "concept elevations" that identify how the building(s) will be architecturally compatible with the remainder of the site may be submitted in lieu of detailed colored building elevations.

c. Proposed Planned Developments which include multi-family residential, commercial and industrial components shall include colored streetscape renderings and/or perspective drawings of all sides of the building(s) that front on a public or private street. The colored streetscape renderings shall be keyed to the colored building elevations and demonstrate the design, character, depth and physical relationship of the proposed building(s) to surrounding buildings and structures. In addition to the proposed building(s), the colored streetscape renderings shall include parking areas, landscaping [at five (5) year growth], lighting fixtures, and any other features proposed to be placed in front of the building. In order to demonstrate the scale of the site, the use of human figures and automobiles placed in the foreground is highly recommended.

d. A material and color sample board shall be presented by the applicant and/or their authorized or designated representatives(s) during the formal presentation of all commercial, industrial, or multi-family residential final plans to both the Planning and Zoning Commission and the City Council. The material and color sample board should show all exterior materials, finishes, treatments and colors (keyed to the colored building elevations). For materials such as roof tile, decorative tile and trim, photographs or manufacturer's specification sheet of the material clearly showing the textures, colors, etc., may be presented in place of the actual material samples.

4. Final Plan. The final plan shall incorporate all of the conditions of approval of the area plan approved by the City Council. The following information shall be included on the final plan on sheets no larger than twenty-four (24) inches by thirty-six (36) inches:

a. Identify the name of the proposed Planned Development. The name shall be original and must be approved by the St. Charles County Planning Department.

b. Provide a site location map that shows site in relation to the surrounding area. Provide a north arrow and scale on each page of the plans. The identified scales shall be 1" = 20' through 1" = 200'.

c. Provide on the plans a comparison table which identifies the exact zoning district and/or Subdivision and Land Development Code regulations proposed to be modified per the permitted modifications outlined within Section 400.175(B) and (C) of this Article and the corresponding requirement within the underlying zoning district and/or Subdivision and Land Development Code.

d. Identify the boundaries of the site, including bearings and distances, and size of the subject property correlated with the legal description of said property.

e. Identify the existing zoning of the Planned Development (including the Planned Development designation). If the proposed development encompasses more than one (1) zoning district, all district boundary lines shall be clearly indicated. Identify the existing zoning and land use of all adjacent properties (regardless of political boundaries) whose property limits are within an area determined by lines drawn parallel to and within a distance of three hundred (300) feet of the site of the proposed Planned Development. Within this area, identify the names of all adjacent subdivisions, public and private streets, alleys, curb cuts, driveways, right-of-way widths, utility easements, cross-access easements, and sidewalks and multi-purpose trails adjacent to or connecting with the subject site.

f. Identify the boundary lines of applicable school districts, fire protection districts, potable water districts, sanitary sewer districts and adjacent municipal and County limits.

g. Provide the total gross land area of the proposed Planned Development in acres. Provide a breakdown of the total gross area by proposed land uses types. Proposed Planned Developments which include residential uses shall provide a breakdown of the number of residential units for each housing type, density calculations, the average lot size, and the size of the ten (10) smallest lots.

h. Proposed Planned Developments which include commercial, high tech and industrial uses shall provide site coverage calculations in acreage, square feet and percentage that identify the area proposed for building coverage, paved areas and landscape/open space. The combined totals of the site coverage calculation shall equal one hundred percent (100%) of the site.

i. Identify the layout of the entire proposed Planned Development showing proposed land uses, lot configurations, building footprints, building square footage, building heights, yard setbacks, existing and proposed streets, existing and required sidewalks and multi-purpose trails, and open space and recreational areas. Identify and label all existing structures on the site to both remain and be removed. Identify the lot sizes and dimensional configurations of all existing, proposed, approved or under construction residential lots (regardless of political boundaries) that border the site of the proposed Planned Development.

j. Identify all land areas to be dedicated and reserved for public use and areas to be dedicated as common ground under the control of a homeowners' association.

k. Provide typical sections and a lot data table for all proposed residential lot sizes and types within the proposed Planned Development [including perimeter lots subject to the minimum lot size requirements of Section 400.175(G) of this Article]. Indicate proposed lots which are susceptible to street creep. Typically, these lots are: 1) at the end of tangent sections; 2) across from "T" intersections; and 3) on the outside of radii regardless of whether they are uphill or downhill from these areas. Indicate proposed lots which will have rear walk-outs.

l. Identify the layout, right-of-way width, surfacing material, and names of all existing and proposed public streets, private streets, alleys, and sidewalks and multi-purpose trails within the proposed Planned Development. Provide typical sections and pavement and curbing details in accordance with City requirements for all proposed public streets, private streets, alleys, and sidewalks and multi-purpose trails within the proposed Planned Development.

m. Label all existing utilities (public and private) such as water, sanitary sewer, storm sewer, electrical, gas, and indicate their location and size. Identify existing and proposed fire hydrants within three hundred (300) feet of the proposed Planned Development. Identify the proposed layout of the public sanitary, storm and water systems that would serve the Planned Development as well as all other utilities (both public and private), including location and size.

n. Indicate how stormwater detention will be provided per Section 405.240 of the Subdivision and Land Development Code.

o. Label all existing easements, high tension power lines and towers, cell towers, bridges, culverts, drains, etc. In accordance with Section 400.250 of the Zoning Code, identify all hazardous pipeline easements and the exact location of the pipeline(s) within the pipeline easements within five hundred (500) feet of the site of the proposed Planned Development.

p. Identify all natural features of the site, including steep slopes, tree masses, lakes, ponds, wetlands, streams, creeks, ditches, dry river beds, and other natural watercourses and drainageways. Identify the topography of the site in at least at five (5) foot intervals. When terrain is irregular and/or slopes exceed forty percent (40%), contours shall be at two (2) foot intervals.

q. Identify the existing 100-year floodplain and floodway boundaries (where applicable). Include a note stating whether the site is within or outside the 100-year floodplain and reference the applicable Flood Insurance Rate Map panel number and date. Where the floodplain is proposed to be altered (which is prohibited in proposed environmental protection planned developments), provide the appropriate approvals from the Federal Emergency Management Agency.

r. Identify wetlands subject to U.S. Army Corp of Engineer regulations. Provide the appropriate documentation from the U.S. Army Corp of Engineer for removal, alteration or mitigation (which is prohibited in proposed environmental protection planned developments).

s. Proposed environmental protection planned developments shall provide a separate environmentally sensitive area protection plan that demonstrates compliance with the requirements of Section 400.175(F) of this Article.

t. Provide a separate tree preservation plan in compliance with Chapter 402, Trees and Landscaping, of this Code. Proposed environmental protection planned developments may incorporate the required environmentally sensitive area protection plan with the tree preservation plan.

u. Provide a separate landscape and bufferyard plan in compliance with Chapter 402 of this Code (including a landscaping legend, supporting calculations, fencing details, retaining wall details and landscaped earthen berm details). On this separate landscape and bufferyard plan, include trash enclosure details, the location of grease traps, and identify how ground-mounted mechanical units will be screened per the requirements of Section 400.278(C)(1) of the Zoning Code.

v. Provide a separate photometric lighting plan in compliance with Section 400.277 of the Zoning Code.

w. Provide a separate off-street parking and loading plan in compliance with Article XII of the Zoning Code (including vehicular and bicycle parking calculations, stacking space requirements, accessible ramp details, accessible signage details and bike rack details).

x. Provide a complete set of notations and descriptions of all relevant site information needed to demonstrate compliance with all applicable codes, requirements and restrictions.

Section 400.210 Procedure For The Review Of A Final Plan.

[Ord. No. 7042, 8-24-2023]

A. Advertisement Of The Public Hearings. The Planning and Development Department will prepare legal notices advertising the public hearings for the review of the final plan application before both the Planning and Zoning Commission and City Council. The legal notices shall be placed 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 scheduled within thirty-five (35) days of the final plan application deadline during a regularly scheduled meeting of the Planning and Zoning Commission. The public hearing before the City Council will be scheduled for the next regularly scheduled meeting of the City Council following the public hearing before the Planning and Zoning Commission. The City will be responsible for researching and notifying by mail all property owners whose property limits are within an area determined by lines drawn parallel to and within a distance of three hundred (300) feet from the site of the proposed Planned Development. In the event that the final plan application is tabled at the request of the applicant or their authorized or designated representative(s), the applicant shall be responsible for both the cost of readvertising the public hearings and the re-notification of the adjacent property owners. The applicant is responsible for posting a sign(s) upon the subject property advertising the public hearings per the requirements of Section 400.205(B)(1) of this Article.

B. Review Of The Final Plan Application. Upon receipt of the final plan application, staff of the City's Planning and Development Department will determine if it is contains all the necessary information to proceed with the review. If it is determined that it is complete, staff from the City's Planning and Development Department will conduct a comprehensive review of the applicant's first submittal and provide a written list of any items that will need to be corrected, modified or amended in order to meet the requirements of this Article. The applicant will then be given the opportunity to make the needed corrections, modifications and amendments on their second submittal. If the applicant fails to address the needed corrections, modifications and amendments on the second submittal to the satisfaction of the Director of the Planning and Development Department, staff will recommend to the Planning and Zoning Commission that this item be tabled. If tabled by the Planning and Zoning Commission for failure of the applicant to address the needed corrections, modifications and amendments on the second submittal to the satisfaction of the Director of Planning and Development, the applicant will be responsible for the cost of readvertising the public hearing(s) and renotifying the adjacent property owners.

C. Preparation Of A Staff Report. The Planning and Development Department will prepare a staff report containing an analysis of the proposed final plan application. A copy of the final plan application and the staff report will be distributed to each of the members of the Planning and Zoning Commission. A copy of the staff report will be provided to the applicant. The staff report will also be available for public review in the City's Planning and Development Department.

D. Review By The Planning And Zoning Commission. The Planning and Zoning Commission will review the final plan application and conduct a public hearing on the proposed Planned Development. The public hearing is open to all citizens. The applicant and/or their authorized or designated representative(s) must attend the meeting and make a formal presentation to the Planning and Zoning Commission. Failure of the applicant and/or their authorized or designated representative(s) to attend the meeting shall cause the Planning and Zoning Commission to table the request for final plan approval. If tabled by the Planning and Zoning Commission for failure of the applicant and/or their authorized or designated representative(s) to attend the meeting, the applicant will be responsible for the cost of readvertising the public hearing(s) and renotifying the adjacent property owners. During the public hearing, the Planning and Zoning Commission will entertain comments from both proponents and opponents of the proposed Planned Development. After the public hearing, the Planning and Zoning Commission shall conduct a formal vote on the final plan application and either: 1) table the request due to lack of sufficient information to make a formal recommendation to the City Council; 2) recommend approval to the City Council; 3) recommend approval with conditions to the City Council; or 4) recommend denial to the City Council.

E. Review By The City Council. During the first reading, the City Council will review the staff report and the recommendation by the Planning and Zoning Commission to approve, approve with conditions, or deny the final plan application. The applicant and/or their authorized or designated representative(s) must attend the meeting and make a formal presentation to the City Council. Failure of the applicant and/or their authorized or designated representative(s) to attend the meeting shall cause the City Council to table the first reading and public hearing. If tabled by the City Council for failure of the applicant and/or their authorized or designated representative(s) to attend the meeting, the applicant will be responsible for the cost of readvertising the public hearing(s) and renotifying the adjacent property owners. During the public hearing which is part of first reading, the City Council will entertain comments from both proponents and opponents of the proposed Planned Development. Following the second reading, which usually takes place at the next regularly scheduled meeting, unless tabled by the City Council, the Council shall approve, approve with conditions, or deny the final plan application.

Section 400.215 Criteria For Approving A Final Plan.

[Ord. No. 7042, 8-24-2023]

A. The Planning and Zoning Commission shall only recommend approval or approval with conditions of a final plan to the City Council, and the Council shall only approve or approve with conditions said final plan if the proposed Planned Development has provided a detailed description of how they have met the following criteria:

1. The proposed Planned Development meets the qualifying objectives to the satisfaction of the City Council of one (1) of the three (3) types of permitted Planned Developments outlined in Section 400.170 of this Article.

2. The proposed modification to the zoning district regulations and/or the Subdivision and Land Development Code Regulations are limited to those specifically outlined in Section 400.175(B) and (C) of this Article and are deemed necessary for the proper design of the proposed Planned Development.

3. The final plan incorporates all of the conditions of approval of the area plan approved by the City Council.

4. With the exception of minor modifications deemed appropriate per the allowances of Section 400.200(E) of this Article, the final plan conforms to the area plan approved by the City Council.

5. The proposed Planned Development is in conformance with the permitted uses of the underlying zoning district in which the proposed Planned Development is to be located.

6. The proposed Planned Development meets or exceeds all of the design standards outlined in Section 400.175 of this Article that pertains to the type of proposed Planned Development based upon its qualifying objective. If the proposed Planned Development is to be constructed in phases, each phase must meet or exceed these design standards.

7. The density of a proposed residential Planned Development does not exceed that which would normally be permitted in the underlying zoning district to which the Planned Development designation has been attached.

8. The proposed Planned Development is in conformance with the City's adopted Comprehensive Plan.

9. The proposed Planned Development will be adequately served by public facilities and services. If certain public facilities and services are not currently available at the site of the proposed Planned Development, the developer must have demonstrated that they will be available at the site prior to the need for these services and facilities.

10. Ingress and egress to the proposed Planned Development is designed to minimize traffic congestion on the public streets outside of the Planned Development and to facilitate the free flow of traffic, both vehicular and pedestrian, within the Planned Development.

Section 400.220 Effect Of The Approval/Denial Of A Final Plan.

[Ord. No. 7042, 8-24-2023]

A. Effect Of An Approved Final Plan. The approval of a final plan by the City Council shall authorize the applicant to proceed with the development of the Planned Development (or portion thereof if the approved final plan was for a particular phase) subject to receiving all other applicable approvals identified in Section 400.180(D) of this Article. The approval of a final plan shall run with the land and shall remain valid if there is a subsequent change in the ownership of any or all of the area encompassing the Planned Development.

B. Expiration Of An Approved Final Plan. The approved final plan shall expire and be deemed null and void without force or effect within one (1) year after the date of the final plan approval unless within such time the City has issued a building permit for the Planned Development (or portion thereof if the approved final plan was for a particular phase).

C. Extension Of Time Of An Approved Final Plan. Upon written request by the applicant, if good cause can be shown, the City Council, in its discretion, may grant an extension of time of up to one (1) year from the date of the initial final plan expiration for the date within such time the City has issued a building permit for the Planned Development (or portion thereof if the approved final plan was for a particular phase). In granting said extension, the City Council may attach any additional conditions deemed necessary above and beyond those required of the original approved final plan.

D. Effect Of The Denial Of A Final Plan. A final plan application which has been denied by the City Council shall not be resubmitted for a period of one (1) year from the date of said denial, except on the grounds of new evidence or proof of change of factors found valid by the Director of Planning and Development.

Section 400.225 Amendment Of An Approved Final Plan.

[Ord. No. 7042, 8-24-2023]

A. Minor Modifications Of An Approved Final Plan. The Director of Planning and Development may review and approve minor modifications of an approved final plan without requiring the applicant to seek approval of a revised area plan and the subsequently required final plan(s). Only minor modifications to the approved final plan which do not alter the original concept or design characteristic of the approved Planned Development may be approved by the Director of Planning and Development. If the Director of Planning and Development approves the minor modification of an approved final plan, the City Council shall be notified in writing of said approved minor modification and a copy of the amended final plan shall be retained on file in the Planning and Development Department. Minor modifications are limited to the following:

1. A reduction in the number of total dwelling units if the proposed lot layout and transportation system remain relatively unaffected.

2. A reduction in the gross square footage of non-residential structures if the proposed lot layout and transportation system remain relatively unaffected.

3. An increase in the amount and/or location of common ground if the proposed lot layout and transportation system remain relatively unaffected.

4. A minor change in the orientation of buildings, location of off-street parking, location of detention areas, and the type of proposed landscaping if the proposed lot layout and transportation system remain relatively unaffected.

5. A minor realignment of streets or the location of utility lines due to engineering necessity.

6. Revisions similar in nature to those listed above as determined by the Director of Planning and Development.

B. Major Modification Of An Approved Final Plan. As determined by the Director of Planning and Development, a proposed modification to an approved final plan which would result in a change other than those listed in Section 400.225(A) shall be deemed a major modification and require the review and approval of a revised area plan and the subsequently required final plan(s) with a detailed description of all the changes per the requirements of this Article. The only exception to this requirement being proposed modifications to an approved final plan which meet the modifications of an approved area plan listed in Section 400.200(E) of this Article, in which case, the review and approval of a revised final plan will be required by both the Planning and Zoning Commission and City Council.

Section 400.230 Completion, Developer Responsibilities And The Abandonment Of A Planned Development.

[Ord. No. 7042, 8-24-2023]

A. Completion Of A Planned Development. The construction of a Planned Development that is to be constructed in a single phase shall be completed within two (2) years of the date of the approved area plan. The construction of a Planned Development that is to be constructed in two (2) or more phases shall be completed within five (5) years of the date of the approved area plan. Upon written request by the applicant, if good cause can be shown as to why construction has been delayed or is behind schedule, the City Council, in its discretion, may grant the extension of time requested by the applicant for the completion of the Planned Development.

B. Developer And Home Builder Responsibilities. The developer and/or homebuilder(s) of the Planned Development shall maintain control and perform required maintenance of all common ground, associated facilities and recreational amenities (if applicable) until the same are formally turned over to a homeowners' association. In addition, it shall be the responsibility of the developer and/or home builder(s) to prominently display and make available the following items in their sales office(s):

1. For a Planned Development that is to be constructed in a single phase, a copy of the approved final plan. For a Planned Development that is to be constructed in two (2) or more phases, a copy of the approved area plan for the entire Planned Development and a copy of the approved final plan(s) to date.

2. A copy of the record plat(s) for Planned Development that clearly identify the location of all easements associated with hazardous pipelines, buried cables and overhead electrical power transmission lines.

3. A current copy of the City's Official Zoning Map and a copy of the City's most recently adopted Comprehensive Plan.

4. A description of the responsibilities of the developer and/or home builder(s) and the homeowners' association regarding all common ground, associated facilities and recreational amenities.

5. A copy of all trust indentures, covenants, and deed restrictions for the Planned Development.

C. Abandonment Of A Planned Development. If the approved area plan for a Planned Development has expired per the requirements of Section 400.200(C) of this Article and the applicant has failed to request and/or receive an extension of time for the approved area plan per the requirements of Section 400.200(D) of this Article, the Planned Development shall be considered abandoned and the "PD" designation shall be removed from the City's Official Zoning Map and the subject site shall only retain its underlying zoning district classification. If the approved final plan(s) for a Planned Development expire per the requirements of Section 400.220(B) of this Article and the applicant has failed to request and/or receive an extension of time for the approved final plan(s) per the requirements of Section 400.220(C) of this Article, the Planned Development shall be considered abandoned and the "PD" designation shall be removed from the City's Official Zoning Map and the subject site shall only retain its underlying zoning district classification.

Section 400.235 Transitional Provisions.

[Ord. No. 7042, 8-24-2023]

A. Previously Approved Area Plans. An area plan approved by the City Council prior to the effective date of this Article shall be allowed to seek approval of the final plan(s) per the requirements of the City's previously existing Planned Unit Development regulations, unless said area plan has expired under the terms and conditions of the previously existing Planned Unit Development regulations.

B. Previously Approved Final Plans. The final plan(s) for a Planned Unit Development approved by the Planning and Zoning Commission prior to the effective date of this Article shall be allowed to proceed with development under the full force of the previously existing Planned Unit Development regulations.

Section 400.236 "PUD" Planned Unit Development.

[Ord. No. 7042, 8-24-2023]

A. Purpose. The provisions of this Section 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 Code, 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 Code. 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 to be attached to the "R-1," "R-2" and "R-3" Zoning 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.

E. Permitted Modifications To The Zoning District Regulations. Upon approval by the City Council, a Planned Unit Development may depart from strict conformance to certain underlying zoning district regulations to which the Planned Unit Development designation has been attached. The departure from strict conformance to these underlying zoning district regulations shall only be permitted if deemed necessary for the proper design of the Planned Unit Development. Proposed modifications to the underlying zoning district regulations are limited to one (1) or more of the following:

1. Reduction of the minimum lot area requirements.

2. Reduction of the minimum lot width requirements.

3. Reduction of the minimum lot depth requirements.

4. Reduction of the front yard setback requirements.

5. Reduction of the rear yard setback requirements.

6. Reduction of the distance between grouped buildings requirements.

7. Increase in the maximum lot coverage requirements.

8. Increase in the maximum height requirements.

9. Modification to the landscaping requirements.

10. Modification to the off-street parking and loading requirements.

F. Permitted Modifications To The Subdivision And Land Development Code Regulations. Upon approval by the City Council, a Planned Unit Development may depart from strict conformance to certain regulations of the Subdivision and Land Development Code. The departure from strict conformance to these Subdivision and Land Development Code regulations shall only be permitted if deemed necessary for the proper design of the Planned Unit Development. Proposed modifications to the Subdivision and Land Development Code are limited to one (1) or more of the following:

1. Reduction of the minimum right-of-way requirements for minor residential and cul-de-sac streets.

2. Reduction of the minimum centerline radii for minor residential and cul-de-sac streets.

3. Reduction of the minimum corner radii at the back of curb for minor residential and cul-de-sac streets.

4. Reduction of the minimum block length.

5. Increase in the maximum block length.

6. Increase in the maximum length of cul-de-sacs.

7. Modification to the requirements for private alleys.

8. Modification to the requirements for sidewalks.

9. Modification to the requirements for street tree placement.

G. Regulations Which May Not Be Modified. A Planned Unit Development must meet the use and density limitations of the underlying zoning district in which the development is to be located. All requirements of the underlying zoning district and the Subdivision and Land Development Code remain applicable except as specifically modified pursuant to the allowance of this Article as approved by the City Council. Under no circumstances shall the applicable flood hazard prevention requirements, stormwater detention requirements, grading requirements, soil erosion and sediment control requirements, central utility requirements, tree preservation requirements, screening of outdoor equipment requirements, or performance standards (e.g., air and water pollution, noise, odor, fire hazard, etc.) be modified in conjunction with the approval of a Planned Unit Development. In addition, all other City, County, State, and Federal regulations and development requirements shall apply to the Planned Unit Development.

H. Residential Density. Under no circumstances shall the residential density of a Planned Development exceed that which would normally be permitted in the underlying residential zoning district to which the Planned Unit Development designation has been attached.

Processing Procedures for Planned Unit Developments
Step 1
Area plan approval
Pre-application meeting
Application and area plan submitted to Planning and Development	Staff review	Planning and Zoning Commission public hearing and review	City Council public hearing and review
Step 2
Final plan approval
Application and final plan submitted to Planning and Development	Staff review	Planning and Zoning Commission public hearing and review	Final plan ordinance reviewed by City Council
Record plat submitted	Building permit	Project construction

Section 400.236.1 Authority.

[Ord. No. 7042, 8-24-2023]

The City Council of O'Fallon shall have the authority to approve the area and final Planned Unit Development (PUD) plans. Such plans may be considered by the City Council only after the Planning and Zoning Commission has reviewed the plans and submitted its recommendations to the City Council.

Section 400.236.2 Minimum Lot Area.

[Ord. No. 7042, 8-24-2023]

The minimum area to be developed under the regulations of this Article shall be five (5) acres; provided, however, that the minimum lot area may be waived by the City Council upon recommendation by the 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; water courses or utility easements crossing the parcel; unusual shape or proportions; and isolation from other undeveloped or developable lands. In such case, the applicant shall submit information to the Planning and Zoning Commission to support the request for a waiver of the minimum tract size requirement. The Planning and Zoning 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 Planning and Zoning Commission's action shall be made prior to the applicant's submittal of an application for a Planned Unit Development designation. If the Planning and Zoning Commission accepts the request for waiver of minimum tract size, the Planning and Zoning Commission shall indicate its decision and the reasons therefore in its report to the City Council as required in the Section herein.

Section 400.236.3 Application Procedure.

[Ord. No. 7042, 8-24-2023]

A. The owner(s) of record, or any person(s) acting on behalf of the owner(s) of record 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 City Council, a second application shall be made for approval of a final plan for the entire tract, or portion thereof, if development is to occur in phases. A separate application for final plan approval shall be required for each phase. No construction or other site improvements may commence and no permit shall be issued therefor, 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 Section.

B. Each application shall be filed with the Planning and Development Department, 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 Planning and Zoning Commission meeting at which it is to be first considered.

C. The applicant shall appear before the City Planning and Zoning Commission, prior to application for a "PUD" designation, to discuss the proposed development. The City Council members from the ward in which the development is proposed will also be asked to be in attendance at this meeting. The applicant shall provide a description of the development, a sketch plan of the proposed development and an outline of the City Code requirements that are anticipated to be modified.

Section 400.236.4 Information Required — Area Plan.

[Ord. No. 7042, 8-24-2023]

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, engineer, surveyor or designer responsible for the planning, engineering survey and design.

3. Acreage in the area plan.

4. Legal description of the entire "PUD."

5. Signature(s) of applicant(s) and owner(s) certifying the accuracy of the requested information.

6. Receipt from the Finance Department showing paid application fee.

7. Any additional information deemed necessary by City staff.

B. Area Plan. The application shall be accompanied by an area plan that is submitted electronically and drawn at appropriate scale. The area plan submittal shall address and/or contain the following:

1. If the underlying zoning district is proposed to be rezoned/zoned, provide a completed and signed rezoning application per the requirements of Article XVI of the Zoning Code.

2. Provide letters from the applicable school district(s), fire protection district(s), potable water district(s), gas company, electric company and sanitary sewer district(s) that verify that they have the capacity to provide service to the proposed Planned Unit Development.

3. Provide a letter from St. Charles County approving the name of the proposed Planned Unit Development and all proposed street names.

4. Provide on the plans a comparison table which identifies the exact zoning district and/or Subdivision and Land Development Code regulations proposed to be modified per the permitted modifications of the Zoning Code and the corresponding requirement within the underlying zoning district and/or Subdivision and Land Development Code.

5. Provide the total gross land area of the proposed Planned Unit Development in acres. Provide a breakdown of the total gross area by proposed land use types. Proposed Planned Unit Developments which include residential uses shall provide a breakdown of the number of residential units for each housing type, density calculations, the average lot size, and size of the ten (10) smallest lots.

6. Identify all land areas to be dedicated and reserved for public use and areas to be dedicated as common ground under the control of a homeowners' association.

7. Provide typical sections and a lot data table for all proposed residential lot sizes and types within the proposed Planned Unit Development. Indicate proposed lots which are susceptible to street creep. Typically, these lots are: 1) at the end of tangent sections; 2) across from "T" intersections; and 3) on the outside of radii regardless of whether they are uphill or downhill from these areas. Indicate proposed lots which will have rear walkouts.

8. Provide a traffic study if deemed necessary by the Planning and Development Department.

9. An area plan layout designed by qualified land planner, registered professional architect, engineer or land surveyor, with their stamp, signature, and address, that shall contain a complete set of notations and descriptions that supply the City staff with all relevant site information, including, but not limited to: total site area; site coverages; owner/developer; zoning, proposed use, utilities provided, floodplain information; required calculations (parking, landscape, etc.); and any additional information needed to demonstrate compliance with all applicable codes, requirements, and restrictions. Multiple drawings may be required for clarity.

10. Provide a north arrow and a scale on each page of the submittal. The scale shall be one (1) inch equals twenty (20) feet through one (1) inch equals two hundred (200) feet (no greater or less than specified). Indicate on the plan.

11. Provide a site location map that shows site in relation with the surrounding area.

12. Provide boundary dimensions, including, distances and bearings of the subject property, correlated with the legal description of said property.

13. Indicate the name and address of property owner and developer.

14. Show natural features, such as trees, tree masses, streams, dry river beds, rivers, lakes, ponds, wetlands, floodplains and floodways, drains, topography [at least at five (5) foot intervals, when terrain is irregular or drainage critical, contours will be at two (2) foot intervals] and other similar features.

15. Show existing and proposed 100-year floodplain and floodway boundaries (where applicable) and include a note stating whether the site is within or outside the 100-year, floodplain and reference the applicable FIRM map panel number and date. Where the floodplain is proposed to be altered, the application must contain approval from FEMA for the alteration.

16. Delineate potential wetlands subject to United States Corp of Engineers (COE) regulations.

17. Show existing manmade features, such as buildings, structures, easements, high tension towers, power lines, excavations, bridges, graveyards, culverts and drains. Also indicate any easements on-site that these items may be located within.

18. Identify adjacent properties, their existing uses and zoning, within one hundred (100) yards.

19. Identify the location of proposed structures, including fences, signs, etc.

20. Indicate the proposed finished floor and grade line elevations for multi-family developments.

21. Identify the size of proposed main and accessory buildings.

22. All site coverage, building, paving, and green space, shall be shown as a percentage of the total area of the site and shall be listed on the plans.

23. Indicate how stormwater detention requirements will be addressed.

24. Note and show setback requirements on the plan.

25. Note and show buffer yards and method(s) of screening on the plan, where required.

26. For multi-family units, all HVAC and mechanical units on-site shall be properly screened as required by City Code. Rooftop units shall be screened by a parapet wall that extends around the entire perimeter of the building; the parapet shall have a minimum height that is at least as tall as the tallest unit mounted on the roof; ground-mounted HVAC and mechanical units shall be screened by fencing, vegetation, or some other means (approved by the Planning and Zoning Commission) that has a minimum height that is at least as tall as the tallest unit being screened.

27. Identify any existing structures to remain on-site and what their uses will be.

28. Indicate the height of all buildings and structures.

29. Provide colored building elevations of all four (4) sides of the proposed building and indicate the types of building materials. If these are not part of the second submittal this item may not be placed on the agenda for the Planning and Zoning meeting.

30. Proposed streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and adjacent to the site, include dimensions of circulation features.

31. Label parking spaces required, showing all supporting calculations. In addition, the site plan shall demonstrate, with appropriate labels and markings, that all parking spaces and loading zones, especially those designed for handicapped accessibility, are of sufficient width and depth (including all adjacent lane stripping and ramp access routes) to meet all zoning and ADA requirements.

32. Label loading/unloading spaces, showing all supporting calculations. Show the location of service lanes and loading spaces, and provide dimensions.

33. Show existing utilities, public and private, such as water, sanitary sewer, storm sewer, electrical, gas, etc., and indicate location and size.

34. Identify proposed utilities, including location and size.

35. Conceptual approval for utilities outside of City service shall be submitted.

36. Show existing and proposed fire hydrants within three hundred (300) feet of the property.

37. Provide lighting details, including cut sheets, location, height of freestanding poles and method of screening light source to keep from overflow onto adjacent properties and rights-of-way for multi-family developments.

38. Chapter 402 of the Zoning Code provides the requirements for landscaping and screening on a developing site, using these requirements, construct a detailed landscape plan, with a full legend or key, that shows the location, number, and types, of plant materials required based on linear street frontage, zoning district, parking lot, and buffer yard landscape requirements. Supporting calculations demonstrating compliance with these requirements shall be included on the landscape plans.

39. Article III of Chapter 402 of the Municipal Code provides the formula used to determine the number of trees that must be maintained on-site to comply with the tree preservation requirements. Using this formula, calculate the correct number of trees preserved or the number of replacement trees to be planted in order to meet the City standard, and show these calculations on the plans. In addition, provide a map showing the location of the trees to be removed and the trees to remain and include this with the landscape plan.

40. Proposed alterations to the topography and natural features of the site.

41. Indicate the locations and type of trash pick-up proposed. Provide a detail of the proposed trash enclosure. The enclosure shall consist of a six (6) foot high solid wall with a sight proof vinyl gate consistent with the architectural theme of the primary structure on-site for multi-family developments.

42. Provide one (1) bicycle parking space for every fifteen (15) automobile parking spaces, with a minimum of four (4) per building. Bicycle parking shall be located in close proximity to the building entrance in highly visible, well lighted areas. Bicycle parking facilities shall be securely anchored to the ground so that they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft. A detail of the rack shall be provided with the plans for multi-family developments.

43. All signage shall be approved through the Planning and Development Department via a separate permitting process.

44. Details for all proposed improvements shall be submitted with the final plan.

45. Demonstrate compliance with Article XIII of the Zoning Code, Performance Standards.

46. Demonstrate conformance with the City's adopted Comprehensive Plan.

47. A material and color sample board shall be presented by the applicant and/or their authorized or designated representatives(s) during the formal presentation to the Planning and Zoning Commission. The material and color sample board should show all exterior materials, finishes, treatments, and colors (keyed to the colored building elevations). For materials such as roof tile, decorative tile and trim, photographs or manufacturer's specification sheet of the material clearly showing the textures, colors, etc., may be presented in place of the actual material samples.

48. Any other information deemed necessary by the Planning and Zoning Commission; or any additional information deemed necessary by the Director of Planning and Development to adequately illustrate the proposed development shall be provided.

49. Provide a document explaining how each item under Section 400.236(B) has been accomplished.

50. On-sites with large land elevation changes and/or multi-story buildings, provide a perspective elevation from different vantage points around the development.

C. "PUD" Plan Replaces District Plan Requirement. The area plan and final plan required in this Article shall replace (for a "PUD" project only) the site plan and preliminary plat required in Article XIV herein.

Section 400.236.5 Procedure For Area Plan Review.

[Ord. No. 7042, 8-24-2023]

A. Upon receipt of the area plan from the Planning and Development Department, the Planning and Zoning Commission shall undertake a study of the area plan. The Planning and Zoning Commission 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 Planning and Development Department, 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 Planning and Zoning 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 City Council. This report shall contain the Planning and Zoning Commission's analysis of the area plan and its recommendations thereon to the City Council. If a zoning amendment application is made for the subject lot, the Commission shall report to the City Council its review and recommendations concerning said amendment simultaneously with its reports on an area plan.

D. The City Council shall review the area plan, and the report of the Planning and Zoning Commission thereon, and shall approve 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 City Council shall take action on such amendment before taking action on the area plan.

E. If the area plan is approved by the City Council, 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.

Section 400.236.6 Standards For Area Plan Approval.

[Ord. No. 7042, 8-24-2023]

A. The Planning and Zoning Commission shall determine and shall provide evidence of same in its report to the City Council and the City Council shall determine, based upon its review of the Planning and Zoning 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 conforms to the adopted Comprehensive Plan or any part thereof, or represents land use policy which, in the Planning and Zoning 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. Average density 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 may be used in the calculations if it is developed with acceptable amenities or is otherwise developable open space. An undeveloped watershed corridor will not be counted as common ground in the average density calculation. 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. Improvements required by the City Code will not be considered an acceptable amenity.

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 City Council, 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 City Council.

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 Planning and Zoning Commission and City Council 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 Planning and Zoning Commission and City Council 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. Yard requirements along the perimeter of the "PUD" shall be at least equal to those required in district(s) in which the "PUD" is located.

9. Perimeter buffering requirements. Regardless of political boundaries, when a Planned Unit Development is proposed adjacent to an existing residential development or residential zoning district, there shall be a minimum twenty (20) foot wide permanent buffer area. These buffer areas shall be: 1) uniform in setback at all points on the perimeter of the Planned Unit Development; 2) kept in a natural state (if sufficient tree mass exists) or landscaped and/or otherwise provided with screening (i.e., sight proof fencing and/or landscaped earthen berms) to the satisfaction of the City Council; and 3) be kept free of buildings, structures and impervious surfaces. These buffer areas may be designated as common ground or placed within permanent easements on the individual lots. If these buffer areas are placed within permanent easements on the individual lots, the required building setbacks shall be measured from the inside line of the permanent easements.

Section 400.236.7 Effect Of Area Plan Approval.

[Ord. No. 7042, 8-24-2023]

A. Approval of the area plan by the City Council shall have the following effects:

1. Approval shall assure the applicant that the area plan is acceptable to the City Council for the three (3) 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. 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 City Council 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.

Section 400.236.8 Information Required Final Plan.

[Ord. No. 7042, 8-24-2023]

A. Every final plan submitted to the Planning and Zoning Commission shall be in accordance with the requirements of this Section and have addressed all conditions of approval for the area plan review. The final plan submittal shall address and/or contain the following:

1. Provide a copy of the trust indentures, covenants, or deed restrictions in accordance with Chapter 405, Subdivision and Land Development Code, that address the maintenance of common ground, recreational amenities, stormwater detention, private roads and parking lots, and other regulations pertaining to the buildings and structures within the proposed Planned Unit Development.

2. Provide letters from the applicable school district(s), fire protection district(s), potable water district(s), gas company, electric company and sanitary sewer district(s) that verify that they have the capacity to provide service to the proposed Planned Unit Development.

3. Provide a letter from St. Charles County approving the name of the proposed Planned Unit Development and all proposed street names.

4. Provide on the plans a comparison table which identifies the exact zoning district and/or Subdivision and Land Development Code regulations proposed to be modified per the permitted modifications of the Zoning Code and the corresponding requirement within the underlying zoning district and/or Subdivision and Land Development Code.

5. Provide the total gross land area of the proposed Planned Unit Development in acres. Provide a breakdown of the total gross area by proposed land use types. Proposed Planned Unit Developments which include residential uses shall provide a breakdown of the number of residential units for each housing type, density calculations, the average lot size, and size of the ten (10) smallest lots.

6. Identify all land areas to be dedicated and reserved for public use and areas to be dedicated as common ground under the control of a homeowners' association.

7. Provide typical sections and a lot data table for all proposed residential lot sizes and types within the proposed Planned Unit Development. Indicate proposed lots which are susceptible to street creep. Typically, these lots are: 1) at the end of tangent sections; 2) across from "T" intersections; and 3) on the outside of radii regardless of whether they are uphill or downhill from these areas. Indicate proposed lots which will have rear walk-outs.

8. Provide the traffic study (if applicable) that was deemed necessary by the Planning and Development Department and was included in the review of the area plan for the site of the proposed Planned Unit Development and the surrounding area. If a condition of approval of the area plan was to provide a traffic study for the site of the proposed Planned Unit Development and the surrounding area as part of the final plan application, provide said traffic study.

9. A final plan layout designed by qualified land planner, registered professional architect, engineer or land surveyor, with their stamp, signature, and address, that shall contain a complete set of notations and descriptions that supply the City staff with all relevant site information, including, but not limited to: total site area; site coverages; owner/developer; zoning, proposed use, utilities provided, floodplain information; required calculations (parking, landscape, etc.); and any additional information needed to demonstrate compliance with all applicable codes, requirements, and restrictions. Multiple drawings may be required for clarity.

10. Provide a north arrow and a scale on each page of the submittal. The scale shall be one (1) inch equals twenty (20) feet through one (1) inch equals two hundred (200) feet (no greater or less than specified). Indicate on the plan.

11. A site location map that shows site in relation with the surrounding area.

12. Boundary dimensions, including, distances and bearings of the subject property, correlated with the legal description of said property.

13. Name and address of property owner and developer.

14. Natural features, such as trees, tree masses, streams, dry river beds, rivers, lakes, ponds, wetlands, floodplains and floodways, drains, topography [at least at five (5) foot intervals, when terrain is irregular or drainage critical, contours will be at two (2) foot intervals] and other similar features.

15. Show existing and proposed 100-year floodplain and floodway boundaries (where applicable) and include a note stating whether the site is within or outside the 100-year floodplain and reference the applicable FIRM map panel number and date. Where the floodplain is proposed to be altered, the application must contain approval from FEMA for the alteration.

16. Delineate potential wetlands subject to United States Corp of Engineers (COE) regulations. Appropriate documentation of coordination with the COE shall be provided prior to construction-site plan approval.

17. Existing manmade features, such as buildings, structures, easements, high-tension towers, power lines, excavations, bridges, graveyards, culverts and drains. Also indicate any easements on-site that these items may be located within.

18. Identify adjacent properties, their existing uses and zoning, within one hundred (100) yards.

19. Location of proposed structures, including fences, signs, etc.

20. Proposed finished floor and grade line elevations for multi-family developments.

21. Size of proposed main and accessory buildings.

22. All site coverages, building, paving, and green space, shall be shown as a percentage of the total area of the site and shall be listed on the plans.

23. Indicate how stormwater detention requirements will be addressed.

24. Note and show setback requirements on the plan.

25. Note and show buffer yards and method(s) of screening on the plan, where required.

26. For multi-family units, all HVAC and mechanical units on-site shall be properly screened as required by City Code. Rooftop units shall be screened by a parapet wall that extends around the entire perimeter of the building; the parapet shall have a minimum height that is at least as tall as the tallest unit mounted on the roof; ground-mounted HVAC and mechanical units shall be screened by fencing, vegetation, or some other means (approved by the Planning and Zoning Commission) that has a minimum height that is at least as tall as the tallest unit being screened.

27. Identify any existing structures to remain on-site and what their uses will be.

28. Height of all buildings and structures.

29. Provide colored building elevations of all four (4) sides of the proposed building and indicate the types of building materials. If these are not part of the second submittal this item may not be placed on the agenda for the Planning and Zoning meeting.

30. Proposed streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and adjacent to the site, include dimensions of circulation features.

31. Label parking spaces required, showing all supporting calculations. In addition, the site plan shall demonstrate, with appropriate labels and markings, that all parking spaces and loading zones, especially those designed for handicapped accessibility, are of sufficient width and depth (including all adjacent lane stripping and ramp access routes) to meet all zoning and ADA requirements.

32. Label loading/unloading spaces, showing all supporting calculations. Show the location of service lanes and loading spaces, and provide dimensions.

33. Existing utilities, public and private, such as water, sanitary sewer, storm sewer, electrical, gas, etc., and indicate location and size.

34. Proposed utilities, including location and size.

35. Conceptual approval for utilities outside of City service shall be submitted.

36. Existing and proposed fire hydrants within three hundred (300) feet of the property.

37. Lighting detail, including cut sheets, location, height of freestanding poles and method of screening light source to keep from overflow onto adjacent properties and rights-of-way for multi-family developments.

38. Chapter 402 of the Zoning Code provides the requirements for landscaping and screening on a developing site, using these requirements, construct a detailed landscape plan, with a full legend or key, that shows the location, number, and types, of plant materials required based on linear street frontage, zoning district, parking lot, and buffer yard landscape requirements. Supporting calculations demonstrating compliance with these requirements shall be included on the landscape plans.

39. Article III of Chapter 402 of the Municipal Code provides the formula used to determine the number of trees that must be maintained on-site to comply with the tree preservation requirements. Using this formula, calculate the correct number of trees preserved or the number of replacement trees to be planted in order to meet the City standard, and show these calculations on the plans. In addition, provide a map showing the location of the trees to be removed and the trees to remain and include this with the landscape plan.

40. Proposed alterations to the topography and natural features of the site.

41. Location and type of trash pick-up proposed. Provide a detail of the proposed trash enclosure. The enclosure shall consist of a six (6) foot high solid wall with a sight proof vinyl gate consistent with the architectural theme of the primary structure on-site for multi-family developments.

42. Provide one (1) bicycle parking space for every fifteen (15) automobile parking spaces, with a minimum of four (4) per building. Bicycle parking shall be located in close proximity to the building entrance in highly visible, well lighted areas. Bicycle parking facilities shall be securely anchored to the ground so that they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft. A detail of the rack shall be provided with the plans for multi-family developments.

43. All signage shall be approved through Planning and Development Department via a separate permitting process.

44. Details for all proposed improvements shall be submitted with the final plan.

45. Demonstrate compliance with Article XIII of the Zoning Code, Performance Standards.

46. Conformance with the City's adopted Comprehensive Plan.

47. A material and color sample board shall be presented by the applicant and/or their authorized or designated representatives(s) during the formal presentation to the Planning and Zoning Commission. The material and color sample board should show all exterior materials, finishes, treatments, and colors (keyed to the colored building elevations). For materials such as roof tile, decorative tile and trim, photographs or manufacturer's specification sheet of the material clearly showing the textures, colors, etc., may be presented in place of the actual material samples.

48. An outline and explanation of any changes that are being proposed between the approved area plan and the proposed final plan.

49. Any other information deemed necessary by the Planning and Zoning Commission; or any additional information deemed necessary by the Director of Planning and Development to adequately illustrate the proposed development.

50. On-sites with large land elevation changes and/or multi-story buildings, provide a perspective elevation from different vantage points around the development.

Section 400.236.9 Procedure For Final Plan Review.

[Ord. No. 7042, 8-24-2023]

A. The Planning and Zoning Commission shall, upon receipt of a final plan, study same and approve or deny the final plan. The Planning and Zoning Commission shall advise the applicant of its action in writing.

B. The Planning and Zoning Commission shall establish a public hearing on the final plan, said hearing to be held within thirty-one (31) days of the filing date or at the regular Planning and Zoning Commission meeting closest to that date. At least fifteen (15) days' notice of the hearing shall be published in a newspaper of general circulation.

C. The Planning and Zoning Commission shall prepare a report on the final plan and shall submit this report to the City Council. This report shall contain the Planning and Zoning Commission's analysis of the final plan and its recommendations thereon to the City Council.

D. The City Council shall review the final plan, and the report of the Planning and Zoning Commission thereon, and shall approve or deny the final plan via ordinance.

E. The procedure of this Section shall be repeated in full for each phase of the development in the approved area plan.

Section 400.236.10 Standards For Final Plan Approval.

[Ord. No. 7042, 8-24-2023]

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 Planning and Zoning 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%) of less, and a change in layout, provided that in the case of a change in layout, the applicant shall provide the City Council and the Planning and Zoning 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 Planning and Zoning Commission 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 dedication in the future with the City Council.

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.

Section 400.236.11 Effect Of Final Plan Approval.

[Ord. No. 7042, 8-24-2023]

A. Once a developer has received final plan approval it shall be the developers 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 zoning as of date of approval.

3. A copy of all indentures, restrictions, and covenants shall also be available.

4. Developers shall be required to post notice, at the sales office, that these items are available for review.

Section 400.236.12 Preservation And Maintenance Of Open Space.

[Ord. No. 7042, 8-24-2023]

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.

Section 400.236.13 Amendment Of A "PUD" Project.

[Ord. No. 7042, 8-24-2023]

An approved "PUD" project may be amended at either the area plan or final 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 City Council following due public notice as required by law.

Section 400.236.14 Expiration Of Approvals.

[Ord. No. 7042, 8-24-2023]

A. If a tract has been designated as a "PUD" by the City Council, 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 City Council.

B. A final plan for the entire area designated as a "PUD," excepting all final plans for subsequent phases thereof up to a period not to exceed two (2) additional years, shall have received approval of the Planning and Zoning Commission within one (1) year of the date of City Council approval of the area plan. Failure to obtain approval of final plans as herein provided shall authorize the City Council 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 (1) year 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. Expiration of the approved plan shall authorize the City Council 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 Planning and Zoning Commission shall not review or approve plans for any subsequent phases of the "PUD" unless good cause can be shown for not completing same.

Section 400.236.15 Extension Of Time Limits.

[Ord. No. 7042, 8-24-2023]

Time limits set forth in this Article may be extended by order of the City Council following recommendation of the Planning and Zoning Commission.

Section 400.236.16 Violations.

[Ord. No. 7042, 8-24-2023]

The approved area plan and/or final plan shall have the full force of the Zoning Code. Any violation of either the approved area plan or approved final plan shall be ground for the Planning or Engineering Departments 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.