Editor's Note — Ordinance no. 3001 §1, adopted December
23, 2008, repealed title IV in its entirety. See editor's note at
beginning of title IV.
[Ord. No. 3001 §1, 12-23-2008]
This Chapter contains the regulations of the planned unit development
procedure. These regulations are supplemented and qualified by additional
general regulations appearing elsewhere in this Title which are incorporated
as part of this Chapter by reference.
[Ord. No. 3001 §1, 12-23-2008]
The intent of this Chapter is to provide a voluntary and alternate
zoning procedure in the "R-1", "R-2" and "R-3" Residential Zone Districts
and the "OT-1" Olde Towne Historic Zone District in order to permit
flexibility in building types and arrangements that would not be possible
under the strict application of the zoning district; encourage a creative
approach to the use of land and related physical facilities that results
in better development and design to preserve existing site topography,
major tree cover and natural water features on and adjacent to the
development to the extent reasonably possible; and contribute to enhancement
of the City's urban design, with particular attention to adaptation
to abutting neighborhoods and roadway systems under conditions of
approved site and development plans.
[Ord. No. 3001 §1, 12-23-2008]
The planned unit development procedure may be utilized for developments
containing not less than seven (7) acres in the "R-1", "R-2" and "R-3"
Residential Zone Districts and not less than four (4) units in the
"OT-1" Olde Towne Historic District.
[Ord. No. 3001 §1, 12-23-2008]
A.
The planned
unit development procedure may authorize the following development
types and standards.
1.
Any
use permitted in the zoning district within which the planned unit
development lies, however, attached single-family homes with no more
than two (2) units per structure may be approved in the "R-2" and
"R-3" zoning districts or more than four (4) units in the "OT-1" zoning
district.
2.
Any
use allowed by special use permit in the zoning district within which
the planned unit development lies provided a special use permit is
issued.
3.
Lot
area, yard setback and height requirements shall be as established
in the ordinance authorizing the planned unit development with the
following restrictions:
a.
Setbacks
along boundary lines of a planned unit development and off-street
parking requirements applicable in any district shall in no event
be diminished by the Planning and Zoning Commission. Said setbacks
shall apply to all lots contiguous with or within fifty (50) feet
of the boundary line of the development. For planned unit developments
within the "R-2" or "R-3" residential districts, a landscape buffer
of not less than thirty (30) feet in depth shall be provided adjacent
to all abutting residentially zoned property, wherein lots do not
comply with the minimum size of the underlying district. The Planning
and Zoning Commission may require that open parking spaces be depressed
below the grade of the remainder of the property or screened by walls,
fences or plant material or by both methods in order to preserve and
complement the general character of any existing developments on adjacent
properties.
b.
Primary
access shall be from roads and walkways within the development and
the uses shall be oriented to and coordinated with the total development.
4.
The
planned unit development shall not contain more units than would be
permitted under the regulations of the residential zone district in
which this development is allowed; however in no case shall the minimum
lot size in the "R-1" be less than twenty thousand (20,000) square
feet; in the "R-2" less than ten thousand (10,000) square feet; in
the "R-3" less than seven thousand five hundred (7,500) square feet
or less than six thousand (6,000) square feet in the "OT-1" Olde Towne
Historic District.
a.
The
maximum number of lots or units allowable in residential districts
shall be calculated by dividing the net area of the development by
the minimum lot area requirement for a residential unit of the zone
district in which the subdivision is located. The net area is the
gross area of the development minus the following:
(1)
Land within special flood hazard areas inundated by a 100-year flood
(i.e., plain and floodway Zones "A", "AE", "AH", "AO", "A99") as determined
by the Federal Emergency Management Agency.
(2)
All public or private street right-of-way.
(3)
Area for detention areas as measured ten (10) feet back from the
high water elevation for any detention basin.
b.
The
maximum number of lots within the "OT-1" zone district shall be dependent
on each lot containing not less than six thousand (6,000) square feet,
exclusive of land area included within above items (4)(a)(1), (2)
or (3).
[Ord. No. 3001 §1, 12-23-2008]
A.
Procedures
for filing, review and approval of the planned unit development procedure
shall be made on forms provided by the City and shall be accompanied
by the required plats and documents as follows:
1.
Pre-application procedures. Prior to filing an application
for an approval of a planned unit development, the developer may request
an informal meeting with the Director, City Administrator and other
City Officials as appropriate to discuss the proposed development.
The pre-application conference is not mandatory and does not
require formal application, fees or filing of a planned unit development
plat. The items to be discussed may include the following:
a.
General site information. Data regarding site conditions,
land characteristics, available community facilities and utilities,
existing covenants and other related general information about surrounding
land uses.
b.
Sketch plan. A drawing in simple sketch form showing the
proposed location and extent of the land uses, major streets, lots
and other features as they relate to the City.
c.
Legal description. A property survey and legal description
of the site proposed for development.
2.
Preliminary plat procedures. Application for a planned unit
development for a specific tract of land shall be initiated by the
filing of a verified application by the owner or owners of record,
or owners under contract of a lot or tract of land or their authorized
representatives. Application shall be addressed to the City of Fenton
Planning and Zoning Commission and submitted to the Community Development
Department upon forms prescribed for such purpose and accompanied
by the following:
a.
Fees
include change of zoning and subdivision review per requirements of
Addendum "A", Fees.
b.
Copies of the proposed plat in the quantities required shall be submitted including the details and supporting information listed in Section 480.060(E) of the City of Fenton subdivision ordinance and shall also include the following:
(1)
The name, address, seal and signature of the preparer of the plat.
(2)
The locator number, zoning, acreage, graphic scale, north arrow,
location and date.
(3)
Existing and proposed contours at vertical intervals of not more
than five (5) feet referred to sea level datum.
(4)
The location of all watercourses including lakes and ponds within
two hundred (200) feet including the 100-year floodplain and the floodway
where applicable.
(5)
The location of existing and proposed water lines, sanitary sewer
lines and stormwater drainage lines and structures, gas, electric,
cable, telephone and other utility connections.
3.
Preliminary plat public hearing. A public hearing on the petition shall be held by the Planning and Zoning Commission in the same manner and with the same public notice procedures as required for the change of zoning (Section 420.040) and preliminary plat requirements (Section 480.060(D)(2)) and landscaping requirements (Section 445.020) of the Fenton Municipal Code. The public hearing shall be held within sixty (60) days of verification that the application meets the minimum application requirements as determined by the Director.
4.
Recommendation of the Planning and Zoning Commission. Following
the aforesaid public hearing and review of the preliminary planned
unit development plat and supporting data for conformity with these
regulations, the Planning and Zoning Commission shall, within sixty
(60) days, recommend approval, modification or disapproval of the
proposal. The recommendations shall state the reasons underlying their
decision and a report documenting the findings shall be issued on
behalf of the Planning and Zoning Commission by the Director. The
Planning and Zoning Commission's recommendation shall be based upon
whether the planned unit development proposal is:
a.
Consistent
with good general planning practice and with good site planning;
b.
Can
be constructed and operated in a manner that is not detrimental to
the permitted uses in the district;
c.
Would
be visually compatible with the uses within the surrounding area;
and
d.
Is
deemed desirable to promote the general health, safety and welfare
of the City of Fenton.
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The Planning and Zoning Commission shall also consider the architectural,
landscape and other relationships which may exist between the proposed
development and the character of the surrounding neighborhood and
shall prescribe and require such physical treatment such as screening,
buffers or other features as will, in its opinion, enhance the neighborhood
character.
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5.
Board of Aldermen action on the preliminary plat.
a.
The
Director shall write a recommendation on behalf of the Planning and
Zoning Commission to the Mayor and Board of Aldermen based upon the
review of the preliminary plans and supporting documents filed with
the plans. The report shall include the recommendation including any
conditions of approval or reasons for denial. The Board of Aldermen
may uphold or reverse the decision of the Planning and Zoning Commission.
b.
The
Mayor and Board of Aldermen, after receipt of the preliminary plat
and recommendation from the Planning and Zoning Commission, shall,
within sixty (60) days, approve or disapprove the preliminary plat
and, if approved, shall pass an ordinance authorizing the planned
unit development. Said ordinance shall authorize the development and
outline the parameters and conditions allowing the development. In
case of disapproval the Commission shall communicate its reasons to
the Board of Aldermen, and the Board, by vote of not less than two-thirds
(2/3) of its entire membership, may overrule the disapproval and,
upon the overruling, the Board or the appropriate board or officer
may proceed, except that if the public facility or utility is one
the authorization or financing of which does not fall within the province
of the Board, then the submission to the Commission shall be by the
Board having jurisdiction, and the Commission's disapproval may be
overruled by that Board by a vote of not less than two-thirds (2/3)
of its entire membership.
6.
Effect of the preliminary plat approval.
a.
Approval
of a preliminary plat for a planned unit development shall not constitute
approval of the final plat. Rather, it shall be deemed an expression
of approval of the layout submitted on the preliminary plat as a guide
to the preparation of the final plat, or if development is to be staged,
of the first (1st) stage of the final plat.
b.
The
developer shall submit the final plat within one (1) year after approval
of the preliminary plat for approval by the City and subsequent recording
upon fulfillment of the requirements of these regulations and conditions
of the preliminary plat approval. The final plat shall be approved
as the final land use if it conforms to the preliminary plat and corresponding
ordinance. The preliminary plat and final plat may be filed and approved
simultaneously if all requirements hereof are met.
c.
Preliminary plat approval does not constitute acceptance of roads or other land or facilities to be dedicated nor can building permits be issued for any structure. In general, preliminary plat approval shall conform to the requirements of Section 480.060(D)(3).
[Ord. No. 3001 §1, 12-23-2008]
A.
Improvement
plans are to be submitted to the Director for review and conformance
with the approved preliminary plat. Construction plans for the planned
unit development shall be at a scale of one (1) inch equals fifty
(50) feet on sheets the same size as the plat with the following information:
1.
Profiles
of centerline elevations of existing and proposed roads; approximate
radii of all curves, lengths of tangents and central angles of all
streets;
2.
Plans
and profiles showing the locations and typical cross sections of street
pavements including curbs and gutters, sidewalks, drainage easements,
rights-of-way, fire hydrants, manholes and catch basins; the location,
size and invert elevations of existing and proposed stormwater drains
and sanitary sewers including connections to existing or proposed
systems; and the location and size of water lines, gas lines or other
underground utilities, detention basin location, size and hydraulic
calculations and site distance calculations for all entrance and exit
roads;
3.
A site
grading, explosive removal and erosion control plan;
4.
The
above improvement plan shall be accompanied by appropriate hydraulic
cut and fill calculations and soil reports including depth of rock;
and
5.
A soil
report will be issued addressing soil conditions at the site and corrective
measures to be implemented for development and roadway construction.
B.
The plans
shall be retained on file by the Community Development Department.
[Ord. No. 3001 §1, 12-23-2008]
A.
Final Plat Procedure.
1.
The
purpose of the final plat is to designate with particularity the land
subdivided into conventional lots as well as the division of other
lands, not so subdivided, into common open areas and building sites.
The preliminary plat shall generally locate buildings, whereas the
final plat shall show the exact location of each building. Thus, the
final planned unit development plat and, if the development is to
be staged, all staged final development plans shall conform substantially
to the preliminary plat as approved.
2.
The final plat is to provide a final record of the subdivision of land and related improvements including all of the information on the approved preliminary plat such as streets, water lines and sanitary and storm sewers and incorporation of any subsequent changes approved by the City. Final plat approval may only be requested after compliance with Sections 480.060(G) and (H) of the Fenton Municipal Code.
3.
Applications
for approval of the final plat may be submitted in stages, with each
stage reflecting a portion of the approved preliminary plat which
is proposed to be recorded and developed; provided however, that such
portion must conform to all requirements of these regulations. The
procedures for filing, review and approval of the final planned unit
development plat shall be made on forms provided by the Community
Development Department.
4.
The
final plat and supporting documentation shall be submitted to the
Community Development Department for certification that the final
plat is in conformity with these regulations and in agreement with
the approved preliminary plat. The report of the Director shall be
made to the Planning and Zoning Commission and Mayor and Board of
Aldermen within thirty (30) days after submission by the developer.
B.
Recording.
1.
Upon
approval of the final plat by the Board of Aldermen, the owner(s)
shall, within sixty (60) days of the approval date, record the plan
with the St. Louis County Recorder of Deeds as a planned unit development.
Failure to record the final plat within the time specified shall cause
the approval to expire. An extension of recording time may be granted
by the Director for a period not to exceed thirty (30) days from the
date of approval by the Board of Aldermen if notified by the owner/representative
fourteen (14) days in advance of the expiration date. The Director
may grant up to two (2) extension periods totaling no more than sixty
(60) additional days in which to record the plan.
2.
Part
of the recording requirement shall include in each warranty deed or
conveying instrument a permanent lot size or language further restricting
resubdivision of individual parcels.
[Ord. No. 3001 §1, 12-23-2008]
A.
The planned
unit development project shall be developed only according to the
approved and recorded final plat and all supporting data. The recorded
final plat and supporting data, together with all recorded amendments,
shall be binding on the applicants, their successors, grantees and
assigns and shall limit and control the use of premises (including
the internal use of buildings and structures) and location of structures
in the planned unit development project as set forth therein. All
changes to the final plat shall be recorded with the St. Louis County
Recorder of Deeds as amendments to the final plat or reflected in
the recording of a new corrected final plat.
1.
Major changes. Changes which alter the concept or intent
of the planned unit development, including increases in density, increases
in the height of buildings, of proposed open space. Changes in the
sequence of development, changes in road standards or changes in the
final governing agreements, provisions or covenants may be approved
by submission of a new preliminary plat and supporting data and following
the "preliminary approval" steps and subsequent amendment to the final
planned unit development plat.
2.
Minor changes. The Director may approve minor changes in
the planned unit development which do not change the concept or intent
of the development without going through the "preliminary approval"
steps. "Minor changes" are defined as any change
not defined as a major change.
[Ord. No. 3001 §1, 12-23-2008]
A.
The Mayor
and Board of Aldermen shall consider the planned unit development
subject to revocation if substantial construction fails to commence
within one (1) year of filing of the final plat or construction is
not completed within five (5) years from approval of the final plat.
The developer shall be notified in writing at least sixty (60) days
prior to any revocation hearing.
B.
The Mayor
and Board of Aldermen may grant an extension to commence construction
for not more than one (1) additional year. As used in this Chapter, "substantial construction" shall mean final grading for
roadways necessary for first (1st) approved plat or phase of construction
and commencement of installation of sanitary and storm sewers.
C.
In the event the final plat is not submitted or substantial construction has not commenced within the prescribed time limits, the planned unit development shall terminate and the Planning and Zoning Commission shall within forty-five (45) days recommend initiation of a new public hearing to revert the property to its prior classification in accord with the proceedings specified in Section 420.040. Where rezoning has been granted in conjunction with a planned unit development and said planned unit development has terminated, no building permit shall be issued on that property in accord with the provisions of the above-noted Section.
[Ord. No. 3001 §1, 12-23-2008]
A.
A planned
unit development may include land designated for public school or
public park use, which land may be considered part of the gross acreage
of the development in computing the maximum number of lots that may
be created or dwelling units that may be authorized, provided that:
1.
The
area of the proposed planned unit development is at least thirty (30)
acres in the case of a public school dedication and sixty (60) acres
in the case of a public park dedication.
2.
No tract
of less than five (5) acres is designated for dedication for public
school use or ten (10) acres for public park use. However, a tract
of land less than this minimum may be accepted for dedication for
public school or public park use if it is an addition to an existing
or proposed park or school site respectively or is recommended by
the Department of Parks and Recreation as part of a system of hiking
and riding trails.
3.
The
proposed school site is compatible with a generalized plan for school
locations published by the school district.
4.
Prior
to approval by the Board of Aldermen of a final plat indicating a
public park or public school site, a written statement shall be received
from the Department of Parks and Recreation recommending approval
of the proposed park dedication; or a written notification shall be
received from the school district that the school district has agreed
to accept the public school site dedication.
5.
Prior
to approval of a final plat, a written agreement between the petitioner
and the school district shall be submitted to the Board of Aldermen
for review. The agreement shall indicate who is responsible for the
installation of required improvements adjacent to or affecting the
school site and when the improvements will be installed.
6.
The
proposed site is dedicated to a public school or public park use in
a manner approved by the Board of Aldermen as to the legal form prior
to recording of the final plat.
7.
The
final plat identifies the boundaries of the dedicated tract within
the planned unit development.
8.
The deed of dedication for public park or public school use shall provide that in the event the property shall no longer be used for that purpose, it will revert to the trustees of the subdivision in which it is located as common land. The trust indenture required in the next Section (Section 421.110) shall provide for the manner in which the common land shall be treated, so that the provisions of Chapter 440 of the Zoning Code are complied with.
[Ord. No. 3001 §1, 12-23-2008]
A.
In developments where common areas, which may include open spaces, recreational areas or other common grounds, are provided on the acreage or which is included in the gross acreage for density calculation purposes, a trust indenture shall be recorded simultaneously with the record plat. The indenture shall provide for the proper and continuous maintenance and supervision of said common land by trustees to be selected and to act in accordance with the terms of such indenture and the common land shall be deeded to the trustees under said indenture by general warranty deed. The trust indenture and warranty deed shall comply with the requirements established in Chapter 440 Subdivision Indentures. In addition, the trust indenture shall contain the following provisions:
1.
The
common areas, including open spaces, recreational areas or other common
grounds, shall be for the sole benefit, use and enjoyment of the lot
or unit owners, present and future, of the entire planned unit development
or that the common areas may also be used by residents outside the
planned unit development. If residents outside the planned unit development
are permitted to use the common areas, the indenture shall contain
provisions which shall provide, in essence, the following:
a.
No
resident of the planned unit development shall be denied the use of
the open space, recreational facilities or other common ground for
any reason related to the extension of such privilege to non-residents
of the planned unit development.
b.
All
rules and regulations promulgated pursuant to the indenture with respect
to residents of the planned unit development shall be applied equally
to the residents.
c.
All
rules and regulations promulgated pursuant to the indenture with respect
to non-residents of the planned unit development shall be applied
equally to the non-residents.
d.
At
any time after the recording of the indenture, a majority of the residents
of the planned unit development, by election duly called, may elect
to allow or disallow usage of the open space, recreational facilities
or other common grounds by non-residents of the planned unit development.
2.
The
indenture shall contain provisions for the maintenance of all common
areas and facilities and the means of collecting assessments necessary
for the maintenance thereof.
