[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.
[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.
[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.
[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
|
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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
|
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Step 1
|
|
|
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Area plan approval
|
|
|
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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
|
|
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.