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Planning and Zoning Commission Training 2010 2010.

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Presentation on theme: "Planning and Zoning Commission Training 2010 2010."— Presentation transcript:

1 Planning and Zoning Commission Training 2010 2010

2 Functions of the P&Z Commission The Big One: The Comprehensive Plan Completed: April 2006 April 2006Updated: January 2010 Now what?

3 Not Exactly… Functions of the P&Z Commission


5  Review & make recommendations on:  Site Plans  Subdivision Plats  Rezoning / Text Amendments  Conditional Use Permits Functions of the P&Z Commission

6 But first…

7 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

8 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

9  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 Pre-Application Meeting

10 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

11 Authority— Dillon's Rule Non-Charter cities such as Wentzville (4 th 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)

12  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 Review: Procedures

13 Site Plan - Contents  Site Plan Map  Lot lines  Natural features  Existing man-made features  Trash collection  Proposed exterior lighting  Proposed buildings and structures (with dimensions)  Existing and proposed streets, driveways, sidewalks, & parking  Landscape Plan  Topographic and Utility Plan  Architectural Elevations  Project Data  Square Footage, Proposed Uses, Existing & Proposed Zoning, Parking Requirements, other Zoning Requirements

14  Areas of consideration: Conservation of Natural Resources Conservation of Natural Resources Vehicular and Pedestrian Traffic Vehicular and Pedestrian Traffic Provision of Open Space Provision of Open Space Adequacy of Drainage Facilities Adequacy of Drainage Facilities Existence or Provision of Public Facilities Existence or Provision of Public Facilities Site Plan Review: Scope of Commission Review

15  More Areas of consideration: Overall Site Design Overall Site Design Location of Buildings / Parking Lots Location of Buildings / Parking Lots Screening / Landscaping Screening / Landscaping Architectural Design Architectural Design Conformance to Comprehensive Plan Conformance to Comprehensive Plan Conformance to “any other applicable requirements of the Zoning Code” Conformance to “any other applicable requirements of the Zoning Code” Site Plan Review: Scope of Commission Review

16 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

17  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 Site Plan Review Effect of Approval/Denial

18 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

19  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: Procedure

20  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) (0.75 x 6 = 4.5 = 5)  OR, Board can refer it back to P&Z for further review Rezoning: Board Action on Commission’s Recommendation

21 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

22  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) (0.75 x 6 = 4.5 = 5) Rezoning: Citizen Protest

23 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. Rezoning: Varying the Application

24 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

25 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

26  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:  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

27  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 Zoning Code: Points of Emphasis

28 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)

29  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

30  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 Objectives (cont.):

31 It’s a Balancing Act Planned Development

32  PD zoning can grant relief from zoning requirements:  Lot size  Dwelling size  Setbacks  Density  District Performance standards Planned Development

33  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

34  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

35  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: Procedure

36  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

37  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

38  Public hearing before Board (2 nd 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: Preliminary Development Plan

39  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 Planned Development: Final Development Plan

40 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

41 Conditional Uses





46 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

47  Consistent with good planning practice  Not detrimental to surrounding permitted uses  Visually compatible with surrounding uses  Will not significantly increase traffic congestion & hazards & 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 plans adopted by the City Reasoning & recommendation of Commission should be contained in a report to the Board. Conditional Use Permits Commission findings for CUP:

48  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: What type of conditions?

49  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 Protest of CUP Approval

50  Board Action on Commission Report  Public Hearing on CUP (2 nd Hearing)  Decision of Board  Affirm  Reverse  Modify Two-Thirds (2/3) vote of Board required to Reverse or Modify any determination of Commission Conditional Use Permits

51 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

52 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

53 Pre-Application Meeting If Pre-App Plat is satisfactory, applicant files for formal Preliminary Plat review before Commission Subdivision Plats: Procedure

54 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: Procedure

55 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: Commission Action

56 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)

57 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

58 Plat before Commission for 2 nd 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

59 Commission Action on Record Plat (in writing) –Approval as submitted –Conditional approval –Postponement –Disapproval Board Action on Record Plat (in writing) –Approval as submitted –Conditional approval –Postponement –Disapproval Subdivision Plats: Record Plat

60 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. Subdivision Plats: Record Plat


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