[Ord. No. 99-99 §1, 7-12-1999]
The general purpose of this Article of the Unified Development
Ordinance is to permit greater flexibility and more creative
and imaginative design for the development of mixed land uses that
is generally possible under conventional zoning regulations. This
district is intended to promote a more economical and efficient use
of land, to provide a harmonious variety of housing choices, to provide
greater flexibility in the placement of buildings, to preserve the
natural scenic qualities of open space, and to utilize the best potentials
for site development relating to such features as topography, geography,
and the size and shape of properties.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(33), 10-1-2003; Ord.
No. 05-015 §1, 2-1-2005; Ord. No. 06-002 §1, 1-10-2006]
All permitted uses, accessory uses, conditional uses, and on-premises
signs of the following districts are permitted in accordance with
their respective district requirements and subject to the provision
for the review standards of development and approval by the Planning
and Zoning Commission and County Council:
|
"PUD" Overlay District Designated in District
|
Uses Permitted by the Following Districts
|
|---|---|
|
"RR", "R1A", "R1B", "R1C", "R1D", "R1E", "A" only those approved
prior to the enactment of this UDO (August 23, 1999)
|
"RR", "R1A", "R1B", "R1C", "R1D", "R1E", "R2", "R3A", "R3B",
"CO", "C1"
|
|
"R2"
|
"R1A", "R1B", "R1C", "R1D", "R1E", "R2", "R3A", "R3B", "CO",
"C1"
|
|
"R3A", "R3B"
|
"R1A", "R1B", "R1C", "R1D", "R1E", "R2", "R3A", "R3B", "CO",
"C1"
|
|
"CO", "C1"
|
"CO", "C1", "C2"
|
|
"C2"
|
"CO", "C1", "C2", "I1"
|
|
"I1"
|
"R3A", "R3B", "CO", "C1", "C2", "I1"
|
|
"I2"
|
"CO", "C1", "C2", "I1", "I2"
|
|
All uses permitted, as listed above, shall comply with the procedures
and standards of each respective district, and of this Article of
the Unified Development Ordinance. Any conflicts
between the respective zoning district regulations and the regulations
of this Article, and the regulations, standards, and procedures of
the Planned Unit Development "PUD" Overlay District Article, shall
prevail.
| |
[1]
Editor's Note—In ord. no. 10-041 §2, District "C3"
was repealed, the references to said district were editorially removed
after conferring with the county.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(34), 10-1-2003; Ord.
No. 10-041 §15, 6-2-2010]
A.
For
all zoning districts, the minimum area required will be ten (10) acres
for establishing a "PUD" Overlay District in each of the respective
zoning designations.
B.
In
calculating the minimum area for a "PUD" Overlay District, the measurements
shall not include any existing dedicated streets, roads, or detention
basins.
C.
A minimum of fifteen percent (15%) of the total project area must be dedicated as open space. All areas within the floodway must be platted as common ground. Pre-developed slopes of five (5) horizontal to one (1) vertical or more shall remain undisturbed and platted as common ground or subject to enforceable non-disturbance restrictions shown on and approved with the Preliminary Plat pursuant to Section 405.223. The Director of the Division of Planning and Zoning may waive the common ground and non-disturbance restrictions requirement for slopes between five (5) horizontal to one (1) vertical and two (2) horizontal to one (1) vertical (50%), if a geotechnical report conforming to the requirements of Section 40.60 of the St. Charles County Highway Department Design Criteria for the Preparation of Improvement Plans as issued in February, 2002, or as amended thereafter, is submitted and approved along with the improvement plans required by Section 405.235. The decision of the Director of the Division of Planning and Zoning may be appealable by the applicant to the County Council.
[Ord. No. 19-024, 4-8-2019]
[1]
Editor's Note—For designation of the division of planning
and zoning, see ord. no. 03-195 adopted 12-31-2003.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 04-053 §1, 4-13-2004; Ord.
No. 05-015 §1, 2-1-2005; Ord. No. 10-041 §16, 6-2-2010]
A.
For
purposes of this Subsection (or other designation), "projected
area" means the total area of the "PUD" Overlay District,
less the area to be dedicated, for street right-of-way and detention
basins.
B.
To
enhance the attractiveness of developing under PUD regulations, the
applicant may be eligible for a maximum increase of twenty-five percent
(25%) in the total number of dwelling units to be developed under
a rezoning to a "PUD" Overlay District. Percentage increases in the
number of dwelling units are to be applied individually and treated
as additive, and not compounded. Such percentage increases in density
may be recommended by the Planning and Zoning Commission and approved
by the Governing Body, according to the following:
|
Maximum Percentage Increase
|
Design Element
|
|---|---|
|
2%
|
Provision of pedestrian ways and bicycle paths beyond conventional sidewalk requirements, as required in Chapter 410 of this Title.
|
|
2%
|
Provision of tree and shrub planting, including peripheral and
interior screening, fences, the landscaping of parking lots, and the
use of existing trees in the plan.
|
|
2%
|
Building site designs and placements which advance the conservation
of natural terrain, and minimize future water runoff and erosion problems.
|
|
3%
|
Recreational facilities, not to exceed one percent (1%) for
each: swimming pool, tennis court, community center, or clubhouse
building.
|
|
3%
|
At least twenty-five percent (25%) of the projected area is
to be devoted to improved usable open space.
|
|
3%
|
The dedication of a minimum of five percent (5%) of the net
development area to be utilized as a school site, a park, or a site
for public building.
|
|
10%
|
Provision of mixed income housing, upon a showing by the applicant
and a finding by the Governing Body that the proposed planned unit
development serves the public interest in the provision of mixed income
housing.
|
|
The net development area (dwelling units) which may be constructed
within a "PUD" Overlay District shall be determined by dividing the
project area by the required lot area by dwelling unit, which is required
by the zoning district in which the PUD is located, or as modified
in the Project Area Densities Subsection. Notwithstanding any other
provision of the UDO to the contrary, property zoned or used commercially
shall not be used to calculate allowable density in residential areas
of the PUD.
| |
A.
In
a "PUD" Overlay District, all land not: (1) subdivided into lots or
used as the building site for multi-family dwellings, (2) used for
existing public or private roads, streets, privately maintained off-street
parking facilities, (3) used for existing drainage and utility easements,
(4) used for potential or existing school sites, (5) used for existing
retention or detention basins, and drainage canals, or (6) used for
existing recreational facilities, shall be deemed "common ground"
and have ownership vested with a non-profit property owners' association.
The association shall maintain the common ground and any buildings,
recreational facilities, detention and retention basins, sidewalks,
or private streets constructed upon it under the approved plans for
the PUD. The homeowners' association shall levy assessments among
all owners of lots and all owners of condominiums for the purpose
of raising funds to:
1.
Maintain the common ground, recreational facilities, retention and
detention facilities, etc.
2.
Pay real estate taxes assessed on the common ground.
3.
Pay for any insurance premiums on the common ground.
4.
Pay for any improvements which the homeowners' association deems
necessary or desirable for the common ground and all buildings and
facilities upon it.
[1]
Editor's Note: Ord. No. 19-024 also changed the title of this
Section from "Maintenance, Management and The Use of Open Space in
A "PUD" to "Maintenance, Management And The Use Of Common Ground In
A "PUD"."
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(35), 10-1-2003; Ord.
No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007]
A.
The
County Planning and Zoning Commission shall review the proposed PUD
for conformity with the adopted Master Plan for unincorporated St.
Charles County, and recognized principles for architecture, design,
and site planning. The Planning and Zoning Commission may vary the
height, area and lot requirements of the zoning district in which
the development is located. However, no deck or enclosed room addition
may extend closer than fifteen (15) feet to the rear property line
within a "PUD" Overlay District. It will be the responsibility of
the Planning and Zoning Commission to ensure an appropriate relationship
between the uses of high intensity and height within the "PUD" Overlay
District and the uses of low intensity or height, existing or future,
outside the proposed "PUD" Overlay District. The Planning and Zoning
Commission may also require compliance with the respective district
regulations for minimum lot sizes, yard setbacks, and maximum heights
inside of and near the boundaries of the "PUD" Overlay District.
B.
The
planning staff of the County Division of Planning and Zoning shall
present a written report to the Planning and Zoning Commission and
the Governing Body on the proposed "PUD", and the report shall comment
specifically on the following:
1.
General compliance with the Master Plan for unincorporated St. Charles
County.
3.
The adequacy of proposed facilities serving the development, including
sanitary sewers, water supply and distribution, and recreational areas.
4.
The general layout of the internal street system serving the proposed
development and its relationship to the existing transportation system.
5.
The relationship of land uses within the PUD to each other, and the
relationship of the land uses within the PUD with surrounding external
land uses, both present and future.
6.
Compliance with the requirements of this Article and Section
405.523 of the Unified Development Ordinance regarding the concept
plan, and relating to land uses and housing density, including reasons
for increased density if such a recommendation is made.
[Ord. No. 17-008 § 2, 1-30-2017]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 05-015 §1, 2-1-2005; Ord.
No. 07-040 §1, 3-13-2007]
A.
Applications
for any Planned Unit Development (PUD) Overlay District shall be made
to the Planning and Zoning Commission for the rezoning of the property.
1.
The applicant for a "PUD" Overlay District shall first meet with
the planning staff of the Division of Planning and Zoning and other
County departments invited by the planning staff for a preliminary
review of the proposed development, and to become familiar with all
the requirements of this Article of the Unified Development
Ordinance, Chapter 410, and the district applied for.
2.
The applicant for a "PUD" Overlay District shall then prepare
and submit to the Division of Planning and Zoning for its inspection
and review a rezoning application for the entire area to be rezoned
which shall include one (1) digital copy plus six (6) folded copies
of a concept plan as set forth in Section 405.523 and other appropriate
information required by the Division of Planning and Zoning.
[Ord. No. 17-008 § 3, 1-30-2017]
3.
A development schedule shall be indicated on the concept plan submitted
to the Planning and Zoning Commission indicating the approximate stages
in which the development project will be built.
4.
The application for rezoning to a "PUD" Overlay District shall be set for hearing before the Planning and Zoning Commission not later than sixty (60) days from the date of filing the same. Procedures for the public hearing shall conform to those set out in Part 5, Section 405.535. After the final hearing of the application for rezoning, the County Planning and Zoning Commission shall approve or deny the same by majority vote and report such action, together with a recommendation for final approval or denial,[2] to the Governing Body. The Governing Body shall then approve or disapprove the application for rezoning for the "PUD" Overlay District. In the case of an adverse report by the County Planning and Zoning Commission, such change may not be passed, except by the favorable vote of five (5) of the seven (7) members of the County Council. Approval under this Section shall authorize the applicant to seek further and final approvals of "PUD" rezoning as provided below in Sections 405.223 and 405.225 of this Article.
[2]
Note—The words "shall be made" were contained in the
original ordinance and editorially removed due to duplicative language
after conferring with the county.
[Ord. No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
A.
The developer of a "PUD" Overlay District shall prepare and submit twenty-five (25) folded copies of a preliminary plat and final development plan, for the entire area of the "PUD" Overlay District, to the Division of Planning and Zoning no later than one (1) year after zoning approval by the Governing Body. The preliminary plat and final development plan may be provided in one (1) document. The review fee for the preliminary plat and final development plan may be provided in one (1) document. The review fee for the preliminary plat and final development plan shall be the same as for preliminary plats, as indicated in Chapter 410. Information on the preliminary plat and final development plan shall include, but not be limited to, the following:
1.
Proposed name of the development.
2.
Name(s) of the owner(s) of the property and the developer and the
name of the professional engineer or surveyor responsible for the
plat.
3.
North point, a scale of one (1) inch equal two hundred (200) feet
or larger and the date of survey.
4.
Exact acreage of tract.
5.
A statement to the effect that "this plat is not for record" shall
be stamped or printed on all copies of the preliminary development
plat.
6.
Location of boundary lines and their relation to established section
lines, fractional section lines or survey lines.
7.
Physical features of the property, including bodies of water, watercourses,
ravines, floodplain areas, floodways, culverts, bridges, present structures
and other features important to lot and street layout.
8.
Topography of tract with contours at two (2) feet or at five (5)
feet intervals.
9.
Existing easements: location, width and purpose.
10.
Names of any adjacent subdivisions and/or property lines around the
perimeter within one hundred (100) feet showing any existing streets,
roads, highways, structures, etc.
11.
Location and width of existing and proposed streets, roads, lots
(approximate dimensions), building lines, easements, common ground
and open space, structures and other features of the proposed development.
12.
Approximate gradients of streets.
13.
Designation of type of land use: single-family residential, multi-family
residential, commercial, industrial or public.
14.
Zoning on and adjacent to the development tract.
15.
Designation of utilities to serve the proposed development, water
service, sanitary sewers, electric, gas, telephone, etc.
16.
Location, existing or proposed, of fire hydrants.
17.
Off-street parking areas, parking drives and aisles, if applicable.
18.
All other information or data as may be required by the Land Subdivision
Regulations, Division of Planning and Zoning or the County Planning
and Zoning Commission.
B.
Notification. After receiving a preliminary plat
and final development plan, the Division of Planning and Zoning will
give notice by U.S. Mail to the adjacent property owners. Notice shall
be given to the adjacent property owners at least fifteen (15) days
prior to the Planning and Zoning Commission meeting at which the preliminary
plat and final development plan will be presented.
[Ord. No. 17-008 § 4, 1-30-2017]
C.
Approval By The Planning And Zoning Commission And Governing
Body. No preliminary plat and final development plan shall
be deemed approved unless and until it is acted upon favorably by
the Planning and Zoning Commission and the Governing Body. After the
presentation of applicant's preliminary plat and final development
plan, the Planning and Zoning Commission shall recommend either approval
or denial or amendment of the preliminary plat and final development
plan by majority vote and report such action, together with a recommendation
for approval or denial or amendment, to the Governing Body. Upon receipt
of the Planning and Zoning Commission's report and recommendation,
the Governing Body may approve, deny or amend the preliminary plat
and final development plan. If, however such preliminary plat and
final development plan is not recommended for approval by the Planning
and Zoning Commission, or the Council or Board of Trustees of any
municipality files with the St. Charles County Registrar a certified
copy of a resolution of such Council or Board protesting against the
action of the Planning and Zoning Commission recommending approval
of any such preliminary plat and final development plan for any land
lying within one and one-half (1 1/2) miles of the limits of
the incorporated area of such municipality, or as prescribed by the
State Statutes, such approval shall be deemed overruled, and such
preliminary plat and final development plan must then be approved
by an ordinance with approval of five (5) members of the County Council,
and the reasons for the approval or failure to approve such preliminary
plat and final development plan shall be spread upon the records of
the County Council.
[Ord. No. 17-008 § 4, 1-30-2017]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord.
No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
A.
Within
two (2) years of the approval of the preliminary plat, the applicant
will then submit fifteen (15) folded copies of a final plat for the
"PUD" to the Planning and Zoning Division for their review and approval.
The procedures, policies and requirements that must be followed for
final plat approval are those embodied in the Land Subdivision Regulations
for St. Charles County, Missouri. No subdivision plat shall be filed
for record or recorded in the office of the Recorder of Deeds for
St. Charles County, Missouri, unless and until the approval of the
Secretary or Chairperson of the Planning and Zoning Commission and
the County Executive or Director of the Division of Planning and Zoning
are endorsed thereon, and until a performance guarantee has been posted
or the public improvements have been constructed to County standards.
B.
No
lot shall be sold for such subdivision plat until it has been reviewed
and approved, as provided above, and filed for record in the office
of the Recorder of Deeds of St. Charles County, Missouri. No building
permit, including for display purposes, will be issued until the preliminary
plat and sediment and erosion control plans are approved. Further,
no dwelling unit may be occupied until the public or private improvements
are complete, unless a performance guarantee has been posted for the
completion of said improvements.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(36), 10-1-2003; Ord.
No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
A.
After
the final development plan and final plat of the PUD have been approved,
and when, in the course of carrying out this plan and plat, major
adjustments or rearrangements of streets, buildings, setback lines,
parking areas, entrances, heights, common ground, etc., are requested
by the applicant (and such requests generally conform to both the
preliminary plat and final development plan), such major adjustments
may be approved by the Governing Body after receiving recommendations
from the Planning and Zoning Commission. Minor changes may be made
upon approval in writing by the Director of Community Development
or his/her designee.
B.
After
the plan and plat have been carried out such that improvements have
been built and approved, and such that lots have been sold or are
being sold, minor changes may be approved by the Director of Community
Development or his/her designee, as provided in this Subsection.
1.
For the purposes of this Subsection, minor changes include modifications
of side and rear setbacks, parking, landscaping and other minor improvements
designated on final development plans or final plats.
2.
Applications for minor changes shall be made by letter to the Director
of Community Development or his/her designee with a site sketch where
appropriate.
3.
Applications for minor changes may be made only by owners of the
property to be affected by the proposed change.
4.
The applicant shall submit to the Director of Community Development
proof of notice of the application to all owners within two hundred
(200) feet of the subject property and the homeowner's association
if in existence. Notice shall include a copy of the application and
a request for submission of written comments within thirty (30) days
of the date of the notice to the Director of Community Development.
5.
Upon receipt of written comments the Director of Community Development or his/her designee may approve the application upon finding that it generally conforms to the preliminary plat and final development plan/plat. Such approvals shall be in writing with a copy sent to applicant and all recipients of notification as set out in Subsection (B)(4) above.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(37), 10-1-2003; Ord.
No. 05-148 §8, 10-25-2005; Ord. No. 06-041 §2, 3-28-2006; Ord.
No. 10-041 §17, 6-2-2010]
Before the actual recording of a final plat for a "PUD", the applicant must have submitted and obtained approval of improvement plans for the "PUD". The applicant will also have to have installed said improvements in accordance with approved improvement plans, preliminary plat and final development plan, or in lieu of installation of said improvements, a County approved performance guarantee required by Chapter 410 must be submitted. Installation of said improvements is also subject to the requirements of Chapter 412, as applicable.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord.
No. 05-015 §1, 2-1-2005; Ord. No. 07-040 §1, 3-13-2007]
The preliminary plat and final development plan must be submitted within one (1) year of zoning approval by the Governing Body and the final plat must be submitted within the time frames established in Section 410.140 paragraph 1. An extension of time may be requested in writing by the developer for approval by the Director of Community Development. The Governing Body may remove the PUD Overlay classification without further hearing if the preliminary plat or final development plan expire.
