Transcript Slide 1

Planning and Zoning
Commission
Training
2010
Functions of the P&Z
Commission
The Big One:
The Comprehensive
Plan
Completed:
April 2006
Updated:
January 2010
Now what?
Functions of the P&Z
Commission
Not Exactly…
Functions of the P&Z
Commission
 Review & make recommendations
on:
 Site Plans
 Subdivision Plats
 Rezoning / Text Amendments
 Conditional Use Permits
Functions of the P&Z
Commission
But first…
Pre-Application Meeting
 When:
 Prior to submission of a
formal application for
inclusion upon a P&Z
Commission agenda,
for review of any site plan
and/or subdivision plat
City Code §§ 405.073, 410.100
Pre-Application Meeting
 What:
 Highlight ordinances & stipulations/access
regulations
 Address potential issues
 Discuss potential solutions to technical, design &
environmental review issues
 Provide direction about process, i.e. submittal
requirements, appropriate sequences of required
plan review & processes
 Assist in preparing plan which meets goals &
objectives of Comprehensive Plan
City Code §§ 405.073, 410.100
Pre-Application Meeting
 Why?
 Opportunity to consult informally with City
 Decrease costs to developer
 Eliminate inadequate design in early stages
of the development process
 Help developers…
…Get It Right the First Time
Site Plan Review
Review plans that have significant impact
on:
 Natural resources
 Traffic patterns
 Adjacent land uses
 Character of future urban development
City’s opportunity to evaluate effect of
development on City as a whole
 Impose conditions on development & use of
property that can effect entire community
Authority—
Dillon's Rule
Non-Charter cities such as
Wentzville (4th class)
possess only the powers
expressly granted or
indispensable to
accomplishing the
expressed powers
 Not even a charter city can contradict
statute. City of Springfield v. Goff, 918 S.W.2d 786 (Mo.
1996) (en banc)
Site Plan Review:
Procedures
 Application filed with City Planner
 Reviews site plan & suggests revisions
(“comments”) to applicant
 Revised application submitted by
Applicant
 Administrative review involving all affected
City staff
 Results reported to Commission in “staff rec”
Site Plan - Contents
 Site Plan Map
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 Proposed buildings and
Lot lines
structures (with dimensions)
Natural features
 Existing and proposed streets,
Existing man-made features
driveways, sidewalks, &
Trash collection
parking
Proposed exterior lighting
 Landscape Plan
 Topographic and Utility Plan
 Architectural Elevations
 Project Data
 Square Footage, Proposed Uses, Existing & Proposed Zoning,
Parking Requirements, other Zoning Requirements
Site Plan Review:
Scope of Commission Review
 Areas of consideration:
Conservation of Natural Resources
Vehicular and Pedestrian Traffic
Provision of Open Space
Adequacy of Drainage Facilities
Existence or Provision of Public Facilities
Site Plan Review:
Scope of Commission Review
 More Areas of consideration:
Overall Site Design
Location of Buildings / Parking Lots
Screening / Landscaping
Architectural Design
Conformance to Comprehensive Plan
Conformance to “any other applicable
requirements of the Zoning Code”
Site Plan Review:
Procedures
 Action of Commission:
 Approve
 Deny
 Approve with Conditions
 The “Action” and “reasoning” are forwarded to
Board of Aldermen with Plan
 Decision of Board
 Approve
 Deny
SECTION 405.390: REVIEW PROCEDURES
Site Plan Review
Effect of Approval/Denial
 Approval
 Applicant can receive building permits
for buildings and structures in Site Plan
 Denial
 Applicant can resubmit Site Plan with
changes in response to reasons for
denial
Rezoning:
Procedure
 Application filed with City Planner
 City gives newspaper notice and by mail
to property owners within 300 ft. of
property 15 days before hearing
Rezoning:
Procedure
 Upon Hearing, the P&Z Commission can
either approve or deny an application
 Commission Recommendation is
forwarded to Board of Aldermen
 Applicant has burden for justification for
Rezoning
Rezoning:
Board Action on
Commission’s Recommendation
 If Commission approves application:
 Confirm approval with simple majority vote
(no citizen protest).
 If Commission denies application:
 Affirmative vote of 3/4 of full Board to
override Commission recommendation
(0.75 x 6 = 4.5 = 5)
 OR, Board can refer it back to P&Z for
further review
Limitations
 "Contract/Conditional" Zoning - process by which a
property owner, in consideration of the re-zoning of his or
her property, agrees to the imposition of certain conditions
or restrictions not imposed on similarly zoned properties
 "Spot" Zoning - the rezoning of a single parcel or a small
area to benefit one or more property owners rather than
carry out an objective of the comprehensive plan; an
illegal practice in which a community approves a zoning
change that benefits a private party, to the detriment of the
public interest as a whole
 Vested Rights/Non-Conforming Uses - a use that lawfully
occupied a building or land at the time zoning became
effective and that does not conform to the use regulations
of the district in which it is located
 Amortization - a tool used by communities to gradually phase out
nonconforming land uses
Rezoning:
Citizen Protest
 30% of property owners
within proposed district or
30% of property owners
within 185 feet of proposed
district file protest
 When Citizen Protest is
made, Board can only
confirm approval with 3/4 of
full Board
(0.75 x 6 = 4.5 = 5)
Rezoning:
Varying the Application
Commission can recommend that:
 Only a portion of proposed development
be rezoned, or…
 Be zoned to different classification than
that desired by applicant
 Different classification must be of same or more
(= or >) restrictive use type than what was
requested.
Zoning Text Amendments
 Amendment to generally applicable
regulations contained within text of the
Zoning Code
 Not specific to any individual property,
development, or zone
 Initiated by Board, Mayor, Commission,
or “any appointed or elected City official”
 Procedures same as for Rezoning
Zoning Code:
Points of Emphasis
 Landscape and Screening
 Plans required in R-3B, R-3C (Multi-Family
Residential) and MHD (Mobile Home
Development)
 Specific approval by Commission
Zoning Code:
Points of Emphasis
 Heightened Scrutiny of Aesthetics
 HF (Highway Frontage Overlay) &
WP (Wentzville Parkway Overlay)
 Sample of additional considerations in Commission’s
Scope of Review of HF and WP Site Plans:
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Exterior colors and materials
Relation to existing structures in vicinity
Landscaping & screen plantings
Size/spacing of windows, doors, & other openings
Recreational facilities & open space
Size, type, and location of signs, towers, chimneys, roof
structures, flagpoles, antennas, etc.
 Type & pitch of roofs
 Additional signage information for WP
Zoning Code:
Points of Emphasis
 Parking
 VC-2 and VC-3 (Village Corridor)
 Commission has discretion to reduce
parking requirements in VC-2 and VC-3 for:
 Shared parking between different uses
 Up to 25% reduction
 Applicant installation of decorative landscaping
and/or fencing around parking areas
 Up to 15% reduction
Planned Development
 Planned Development (PD) Zoning
 Appropriate when tract or area of land
warrants:
 More flexibility, control, and density than
allowed by general zoning regulations
 Development of traditionally incompatible
uses (in the Euclidian sense)
Planned Development
 Objectives:
 High quality environmental design
 Diversification of uses within project
 Functional & beneficial use of open space
 Preservation of natural resources
 Encourage “neighborhood concept”
(non-residential mixed with residential)
 Discourage commercial strip-development
Planned Development
Objectives (cont.):
 Creation of safe and desirable “living
environment” of development as a whole
 Rational, cost-effective development in
relation to public services
 Efficient and effective traffic circulation
 Encourage pedestrian and non-motorized traffic
 Commission & Board determine if
objectives have been demonstrated by
proposed PD development
Planned Development
It’s a
Balancing Act
Planned Development
 PD zoning can grant relief from zoning
requirements:
 Lot size
 Dwelling size
 Setbacks
 Density
 District Performance standards
Planned Development
 But NO RELIEF if:
 Inadequate or unsafe access
 Excessive traffic volumes in
and around proposed
development
 Undue burden on parks &
recreation areas, schools, fire and
police protection, and other public
facilities/services
 Detrimental environmental
impact
 Includes aesthetics
Planned Development
 Density Bonus (PD-Residential)
 Increase of Density in exchange for
Parks/Open Space
 Bonus granted by dedication of land (or cash
equivalent)
 150% of allowed density of dedicated land
(or cash) may be applied to rest of PD
development
Planned Development:
Procedure
 Pre-Application Meeting
 Sketch Plan:
 Site Plan requirements
 Preliminary Plat requirements
 Building footprint, circulation & landscaping plans
 Involves concurrent:
 Site Plan review
 Subdivision (Plat) review
 Rezoning
Planned Development:
Preliminary Development Plan
 Preliminary Plat/Site Plan Combo
 Submitted to City Planner for review
 Staff findings submitted to Commission
 Revised Plan forwarded to Commission
Planned Development:
Preliminary Development Plan
 Public Hearing before Commission
 Hearing on the trifecta - PDP, Plat, & Rezoning
 Commission Action
 Recommendation, including conditions
 Conditions contained in ordinance approving PD
zoning
 May include condition of Performance Guarantees
Planned Development:
Preliminary Development Plan
 Public hearing before
Board (2nd hearing)
 Board approval
 Ordinance establishing
PD zoning
 Incorporates PDP and
conditions
 Final Development Plan
approval still required
 3/4 vote of Board
“required to overrule
Commission
recommendations”
Planned Development:
Final Development Plan
 Staff review for substantial compliance
with PDP and conditions
 Commission review & recommendation
 Ensure compliance with PDP, conditions,
and Record Plat requirements
 Board approval
 Final Development Plan and Final Plat
Conditional Uses
 Uses that are “essentially desirable” but
may create “unique” problems:
 Traffic (vehicular and pedestrian)
 Noise or pollution
 Impact on surrounding property values
 A use may be Permitted in one zone,
while being Conditional in another
Conditional Uses
Conditional Uses
Conditional Uses
Conditional Uses
Conditional Uses
Conditional Use Permits:
FACTORS for Applicant
 Will the CUP?
 Comply with underlying zoning regulations
 Contribute to and promote public welfare or
convenience
 Not injure surrounding property values
 Comply with parking & loading requirements
 Have adequate drainage and utilities
 Have adequate access/egress
 Have adequate on-site vehicular/pedestrian circulation
 Prevent development or use of neighboring properties
 Related to location, size, intensity and nature of use, and
exterior features of use; use should not “dominate”
neighborhood
Conditional Use Permits
Commission findings for CUP:
Consistent with good planning practice
Not detrimental to surrounding permitted uses
Visually compatible with surrounding uses
Will not significantly increase traffic congestion
& hazards
Will not increase fire hazards
Will not overtax public utilities
Will not injure property values or limit future development
of surrounding areas
Comply with Comprehensive Plan or other applicable
plans adopted by the City
Reasoning & recommendation of Commission should be
contained in a report to the Board.
Conditional Use Permits:
What type of conditions?
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Permitted Uses (maximum floor area)
Performance standards (noise, odor, etc.)
Height limitations
Minimum yard requirements
Parking and loading requirements
Sign regulations
Time limitations (hours of operation)
Architectural elevations of structures
Landscaping
 Conditions may be more restrictive than underlying zoning
 Conditions may also include Performance Guarantees to
ensure improvements are completed
Conditional Use Permits
Protest of CUP Approval
 Owners of 30% of land included in
proposed change
 30% of owners of land within 185 ft. of
proposed change
 Three-fourths (¾) majority vote of Board
required to approve protested CUP
Conditional Use Permits
 Board Action on Commission Report
 Public Hearing on CUP (2nd Hearing)
 Decision of Board
Affirm
Reverse
Modify
Two-Thirds (2/3) vote of Board required to Reverse
or Modify any determination of Commission
CUPs
 Valid for unlimited period unless a lesser
period shall be provided – can be extended by
P&Z
 P&Z Commission reserves full authority to
revoke the approval
 Not transferable to any other location by that
applicant
 Change in ownership requires “renewal” of
original CUP
Subdivision Plats
• What is Subdivision?
– “The division of a parcel of land into two or more lots,
or other divisions of land.” § 89.300(3) RSMo.
• Why review Subdivision Plats?
– Assure development is served by adequate
infrastructure (Streets, sewers, water, etc.)
– Establish minimum standards for conveyance of
property
– Assure compliance with zoning requirements
Subdivision Plats:
Procedure
• Pre-Application Meeting
• If Pre-App Plat is satisfactory, applicant
files for formal Preliminary Plat review
before Commission
Subdivision Plats:
Procedure
• Preliminary Plat review
– Plat reviewed again by City Engineer
• Prepares report for Commission
– Recommendation of approval (noted on plat) or
disapproval
– Comments of City Engineer and all agencies and City
departments that reviewed plat
– Commission Action on Plat
• Within 90 days of submission of preliminary plat
and after receipt of City Engineer’s report
Subdivision Plats:
Commission Action
• Approval as submitted
• Conditional Approval
– Requires amendments before final approval
• Postponement
– For further study of plat; cannot be for over 90
days after submission of preliminary plat
• Denial
– Reasons must be stated in writing
Subdivision Plats:
Scope of Review
Review of plats is ministerial act done in an
administrative capacity
–“The exercise of discretion and
judgment vested in the administrative
body is to determine whether a plat
meets the zoning or subdivision
requirements.”
• If plat meets requirements: Approve
• If plat does not meet requirements: Deny
•Over $174K in damages against City for
denial of preliminary plat that met City’s
requirements; action was “truly irrational.”
Furlong Cos. v. City of Kansas City (Mo. 2006)
Subdivision Plats:
Improvements
• Improvement Plans
– Technical plans of proposed public facilities
– Reviewed by City Engineer and other
applicable agencies and departments
Improvement Guarantees
– Subdivider may be required to establish
escrow covering cost of public improvements
– Released by the Board after completion of
improvements, pending inspection by City
Engineer
Subdivision Plats:
Record Plat
• Plat before Commission for 2nd Time
• Purpose of Record Plat:
– Record Plat shall substantially conform to
approved Preliminary Plat
– Document to be recorded that contains
information needed to transfer land
– Final opportunity for Commission and Board
to ensure that subdivision and zoning
requirements have been met
Subdivision Plats:
Record Plat
• Commission Action on Record Plat (in writing)
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Approval as submitted
Conditional approval
Postponement
Disapproval
• Board Action on Record Plat (in writing)
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Approval as submitted
Conditional approval
Postponement
Disapproval
Subdivision Plats:
Record Plat
• Effect of Record Plat
approval:
– Subdivider may file record
plat with County to be
recorded.
– After recording, subdivider
may offer individual lots
for sale to public.
QUESTIONS
AND ANSWERS