Planning and Zoning Commission Training 2010 2010.

Planning and Zoning Planning and Zoning Commission Commission TrainingTraining

20102010

Functions of the P&Z Functions of the P&Z CommissionCommission

The Big One:The Big One:The Comprehensive The Comprehensive

PlanPlan

Completed:Completed: April 2006April 2006Updated:Updated:

January 2010January 2010Now what? Now what?

Not Exactly…Not Exactly…


Review & make recommendations Review & make recommendations on:on: Site PlansSite Plans Subdivision PlatsSubdivision Plats Rezoning / Text Amendments Rezoning / Text Amendments Conditional Use PermitsConditional Use Permits



But first…But first…

Pre-Application MeetingPre-Application Meeting

When: When: Prior to submission of a Prior to submission of a

formal application for formal application for

inclusion upon a P&Z inclusion upon a P&Z Commission agenda, Commission agenda,

for review of any site plan for review of any site plan and/or subdivision platand/or subdivision plat

City Code City Code §§ §§ 405.073, 410.100405.073, 410.100

Pre-Application MeetingPre-Application Meeting What: What:

Highlight ordinances & stipulations/access Highlight ordinances & stipulations/access regulations regulations

Address potential issuesAddress potential issues Discuss potential solutions to technical, design & Discuss potential solutions to technical, design &

environmental review issuesenvironmental review issues Provide direction about process, Provide direction about process, i.e.i.e. submittal submittal

requirements, appropriate sequences of required requirements, appropriate sequences of required plan review & processesplan review & processes

Assist in preparing plan which meets goals & Assist in preparing plan which meets goals & objectives of Comprehensive Planobjectives of Comprehensive Plan

City Code City Code §§ §§ 405.073, 410.100405.073, 410.100

Why?Why? Opportunity to consult informally with City Opportunity to consult informally with City Decrease costs to developerDecrease costs to developer Eliminate inadequate design in early stages Eliminate inadequate design in early stages

of the development processof the development process Help developers… Help developers…

……Get It Right the First TimeGet It Right the First Time

Pre-Application MeetingPre-Application Meeting

Site Plan ReviewSite Plan Review

Review plans that have significant impact Review plans that have significant impact on:on:

Natural resourcesNatural resources Traffic patternsTraffic patterns Adjacent land usesAdjacent land uses Character of future urban developmentCharacter of future urban development

City’s opportunity to evaluate effect of City’s opportunity to evaluate effect of development on City development on City as a wholeas a whole

Impose conditions on development & use of Impose conditions on development & use of property that can effect entire communityproperty that can effect entire community

Authority—Authority—Dillon's RuleDillon's Rule

Non-CharterNon-Charter cities such as cities such as Wentzville (4Wentzville (4thth class) class) possess possess onlyonly the powers the powers expresslyexpressly granted or granted or indispensable to indispensable to accomplishing the accomplishing the expressed powersexpressed powers

Not even a Not even a chartercharter citycity can can contradict statute.contradict statute. City of Springfield v. City of Springfield v. Goff, Goff, 918 S.W.2d 786918 S.W.2d 786 (Mo. 1996) (en banc)(Mo. 1996) (en banc)

Application filed with City PlannerApplication filed with City Planner Reviews site plan & suggests revisions Reviews site plan & suggests revisions

(“comments”) to applicant(“comments”) to applicant

Revised application submitted by Revised application submitted by Applicant Applicant Administrative review involving all affected Administrative review involving all affected

City staffCity staff Results reported to Commission in “staff rec”Results reported to Commission in “staff rec”

Site Plan Review:Site Plan Review:ProceduresProcedures

Site Plan - ContentsSite Plan - Contents Site Plan MapSite Plan Map

Lot linesLot lines Natural featuresNatural features Existing man-made featuresExisting man-made features Trash collection Trash collection Proposed exterior lightingProposed exterior lighting

Proposed buildings and Proposed buildings and structures (with dimensions)structures (with dimensions)

Existing and proposed streets, Existing and proposed streets, driveways, sidewalks, & driveways, sidewalks, & parkingparking

Landscape PlanLandscape Plan Topographic and Utility PlanTopographic and Utility Plan Architectural ElevationsArchitectural Elevations Project DataProject Data

Square Footage, Proposed Uses, Existing & Proposed Zoning, Square Footage, Proposed Uses, Existing & Proposed Zoning, Parking Requirements, other Zoning RequirementsParking Requirements, other Zoning Requirements

Areas of consideration:Areas of consideration:Conservation of Natural ResourcesConservation of Natural ResourcesVehicular and Pedestrian TrafficVehicular and Pedestrian TrafficProvision of Open SpaceProvision of Open SpaceAdequacy of Drainage FacilitiesAdequacy of Drainage FacilitiesExistence or Provision of Public FacilitiesExistence or Provision of Public Facilities

Site Plan Review:Site Plan Review:Scope of Commission Scope of Commission ReviewReview

More Areas of consideration:More Areas of consideration:Overall Site DesignOverall Site Design

Location of Buildings / Parking LotsLocation of Buildings / Parking LotsScreening / LandscapingScreening / LandscapingArchitectural DesignArchitectural Design

Conformance to Conformance to Comprehensive PlanComprehensive PlanConformance to “any other applicable Conformance to “any other applicable

requirements of the Zoning Code”requirements of the Zoning Code”

Site Plan Review:Site Plan Review:Scope of Commission Scope of Commission ReviewReview

Site Plan Review:Site Plan Review:ProceduresProcedures

Action of Commission:Action of Commission: ApproveApprove DenyDeny Approve Approve with Conditionswith Conditions

The “Action” and “reasoning” are forwarded to The “Action” and “reasoning” are forwarded to Board of Aldermen with PlanBoard of Aldermen with Plan

Decision of BoardDecision of Board ApproveApprove DenyDeny

SECTION 405.390: REVIEW PROCEDURESSECTION 405.390: REVIEW PROCEDURES

ApprovalApproval Applicant can receive building permits Applicant can receive building permits

for buildings and structures in Site Planfor buildings and structures in Site Plan

DenialDenial Applicant can resubmit Site Plan Applicant can resubmit Site Plan with with

changeschanges in response to reasons for in response to reasons for denialdenial

Site Plan ReviewSite Plan ReviewEffect of Approval/DenialEffect of Approval/Denial

Rezoning:Rezoning:ProcedureProcedure

Application filed with City PlannerApplication filed with City Planner City gives newspaper notice City gives newspaper notice andand by mail by mail

to property owners within 300 ft. of to property owners within 300 ft. of property 15 days before hearingproperty 15 days before hearing

Upon Hearing, the P&Z Commission can Upon Hearing, the P&Z Commission can either either approveapprove or or denydeny an application an application

Commission Recommendation is Commission Recommendation is forwarded to Board of Aldermenforwarded to Board of Aldermen

Applicant has burden for justification for Applicant has burden for justification for RezoningRezoning

Rezoning:Rezoning:ProcedureProcedure

If Commission If Commission approvesapproves application: application: Confirm approval with simple majority vote Confirm approval with simple majority vote

(no citizen protest).(no citizen protest).

If Commission If Commission deniesdenies application: application: Affirmative vote of 3/4 of full Board to Affirmative vote of 3/4 of full Board to

override Commission recommendation override Commission recommendation

((0.75 x 6 = 4.5 = 50.75 x 6 = 4.5 = 5))

OR, Board can refer it back to P&Z for OR, Board can refer it back to P&Z for further reviewfurther review

Rezoning:Rezoning:Board Action on Board Action on Commission’s RecommendationCommission’s Recommendation

LimitationsLimitations "Contract/Conditional" Zoning"Contract/Conditional" Zoning - process by which a - process by which a

property owner, in consideration of the re-zoning of his property owner, in consideration of the re-zoning of his or her property, agrees to the imposition of certain or her property, agrees to the imposition of certain conditions or restrictions not imposed on similarly zoned conditions or restrictions not imposed on similarly zoned properties properties

"Spot" Zoning"Spot" Zoning - the rezoning of a single parcel or a - the rezoning of a single parcel or a small area to benefit one or more property owners rather small area to benefit one or more property owners rather than carry out an objective of the comprehensive plan; than carry out an objective of the comprehensive plan; an illegal practice in which a community approves a an illegal practice in which a community approves a zoning change that benefits a private party, to the zoning change that benefits a private party, to the detriment of the public interest as a whole detriment of the public interest as a whole

Vested Rights/Non-Conforming UsesVested Rights/Non-Conforming Uses - a use that - a use that lawfully occupied a building or land at the time zoning lawfully occupied a building or land at the time zoning became effective and that does not conform to the use became effective and that does not conform to the use regulations of the district in which it is locatedregulations of the district in which it is located AmortizationAmortization - a tool used by communities to gradually phase - a tool used by communities to gradually phase

out nonconforming land uses out nonconforming land uses

30% of property owners 30% of property owners within proposed district or within proposed district or 30% of property owners 30% of property owners within 185 feet of proposed within 185 feet of proposed district file protest district file protest

When Citizen Protest is When Citizen Protest is made, Board can only made, Board can only confirm approval with 3/4 of confirm approval with 3/4 of full Boardfull Board

((0.75 x 6 = 4.5 = 50.75 x 6 = 4.5 = 5))

Rezoning:Rezoning:Citizen ProtestCitizen Protest

Commission can recommend that:Commission can recommend that:

Only a Only a portionportion of proposed development of proposed development be rezoned, or…be rezoned, or…

Be zoned to different classification than Be zoned to different classification than that desired by applicantthat desired by applicant

Different classification must be of same or more Different classification must be of same or more ((= or >= or >) restrictive use type than what was ) restrictive use type than what was requested.requested.

Rezoning:Rezoning:Varying the ApplicationVarying the Application

Zoning Zoning Text Text AmendmentsAmendments Amendment to generally applicable Amendment to generally applicable

regulations contained within text of the regulations contained within text of the Zoning CodeZoning Code Not specific to any individual property, Not specific to any individual property,

development, or zonedevelopment, or zone

Initiated by Board, Mayor, Commission, Initiated by Board, Mayor, Commission, or “any appointed or elected City official”or “any appointed or elected City official”

Procedures same as for RezoningProcedures same as for Rezoning

Zoning Code: Zoning Code: Points of EmphasisPoints of Emphasis

Landscape and ScreeningLandscape and Screening

Plans required in R-3B, R-3C (Multi-Family Plans required in R-3B, R-3C (Multi-Family Residential) and MHD (Mobile Home Residential) and MHD (Mobile Home Development)Development)

Specific approval by CommissionSpecific approval by Commission

Heightened Scrutiny of Heightened Scrutiny of AestheticsAesthetics HFHF (Highway Frontage Overlay) & (Highway Frontage Overlay) &

WP WP (Wentzville Parkway Overlay)(Wentzville Parkway Overlay) Sample of additional considerations in Commission’s Sample of additional considerations in Commission’s

Scope of Review of HF and WP Site Plans:Scope of Review of HF and WP Site Plans: Exterior colors and materialsExterior colors and materials Relation to existing structures in vicinity Relation to existing structures in vicinity Landscaping & screen plantingsLandscaping & screen plantings Size/spacing of windows, doors, & other openings Size/spacing of windows, doors, & other openings Recreational facilities & open spaceRecreational facilities & open space Size, type, and location of signs, towers, chimneys, roof Size, type, and location of signs, towers, chimneys, roof

structures, flagpoles, antennas, etc.structures, flagpoles, antennas, etc. Type & pitch of roofsType & pitch of roofs

Additional signage information for WP Additional signage information for WP


ParkingParking VC-2 and VC-3 (Village Corridor)VC-2 and VC-3 (Village Corridor) CommissionCommission has discretion to reduce has discretion to reduce

parking requirements in VC-2 and VC-3 for:parking requirements in VC-2 and VC-3 for: Shared parking between different usesShared parking between different uses

Up to 25% reductionUp to 25% reduction

Applicant installation of decorative landscaping Applicant installation of decorative landscaping and/or fencing around parking areasand/or fencing around parking areas

Up to 15% reductionUp to 15% reduction


Planned DevelopmentPlanned Development

Planned Development (PD) ZoningPlanned Development (PD) Zoning

Appropriate when tract or area of land Appropriate when tract or area of land warrants:warrants:

More flexibility, control, and density than More flexibility, control, and density than allowed by general zoning regulationsallowed by general zoning regulations

Development of traditionally incompatible Development of traditionally incompatible uses (in the Euclidian sense)uses (in the Euclidian sense)

Objectives:Objectives: High quality environmental designHigh quality environmental design

Diversification of uses within projectDiversification of uses within project

Functional & beneficial use of open spaceFunctional & beneficial use of open space

Preservation of natural resourcesPreservation of natural resources

Encourage “neighborhood concept” Encourage “neighborhood concept”

(non-residential mixed with residential)(non-residential mixed with residential) Discourage commercial strip-developmentDiscourage commercial strip-development


Creation of safe and desirable “Creation of safe and desirable “living living environmentenvironment” of development as a whole” of development as a whole

Rational, cost-effective development in Rational, cost-effective development in relation to public servicesrelation to public services Efficient and effective traffic circulationEfficient and effective traffic circulation

Encourage pedestrian and non-motorized trafficEncourage pedestrian and non-motorized traffic

Commission & Board determine if Commission & Board determine if objectives have been demonstrated by objectives have been demonstrated by proposed PD developmentproposed PD development

Planned DevelopmentPlanned Development Objectives (cont.):Objectives (cont.):

It’s aIt’s a

Balancing ActBalancing Act


PD zoning can grant relief from zoning PD zoning can grant relief from zoning requirements:requirements:

Lot sizeLot size

Dwelling sizeDwelling size

SetbacksSetbacks

DensityDensity

District Performance standardsDistrict Performance standards


But But NO RELIEFNO RELIEF if: if: Inadequate or unsafe Inadequate or unsafe accessaccess Excessive traffic volumesExcessive traffic volumes in in

and around proposed and around proposed developmentdevelopment

Undue burdenUndue burden on parks & on parks & recreation areas, schools, fire and recreation areas, schools, fire and police protection, and other public police protection, and other public facilities/servicesfacilities/services

Detrimental Detrimental environmental environmental impactimpact Includes aestheticsIncludes aesthetics


Density Bonus (PD-Residential)Density Bonus (PD-Residential) Increase of Density in exchange for Increase of Density in exchange for

Parks/Open SpaceParks/Open Space

Bonus granted by dedication of land (or cash Bonus granted by dedication of land (or cash equivalent)equivalent)

150% of allowed density of dedicated land 150% of allowed density of dedicated land (or cash) may be applied to rest of PD (or cash) may be applied to rest of PD developmentdevelopment


Pre-Application MeetingPre-Application Meeting Sketch Plan:Sketch Plan:

Site Plan requirementsSite Plan requirements Preliminary Plat requirementsPreliminary Plat requirements Building footprint, circulation & landscaping plansBuilding footprint, circulation & landscaping plans

Involves concurrent:Involves concurrent: Site Plan reviewSite Plan review Subdivision (Plat) reviewSubdivision (Plat) review RezoningRezoning

Planned Development:Planned Development:ProcedureProcedure

Preliminary Plat/Site Plan ComboPreliminary Plat/Site Plan Combo

Submitted to City Planner for reviewSubmitted to City Planner for review

Staff findings submitted to CommissionStaff findings submitted to Commission

Revised Plan forwarded to CommissionRevised Plan forwarded to Commission

Planned Development:Planned Development: Preliminary Development PlanPreliminary Development Plan

Public Hearing before CommissionPublic Hearing before Commission Hearing on the trifecta - Hearing on the trifecta - PDP, Plat, & RezoningPDP, Plat, & Rezoning

Commission ActionCommission Action Recommendation, including conditionsRecommendation, including conditions

Conditions contained in ordinance approving PD Conditions contained in ordinance approving PD zoningzoning

May include condition of Performance GuaranteesMay include condition of Performance Guarantees


Public hearing before Public hearing before Board (2Board (2ndnd hearing) hearing)

Board approvalBoard approval Ordinance establishing Ordinance establishing

PD zoningPD zoning Incorporates PDP and Incorporates PDP and

conditionsconditions Final Development Plan Final Development Plan

approval still requiredapproval still required 3/4 vote of Board 3/4 vote of Board

“required to overrule “required to overrule Commission Commission recommendations”recommendations”


Staff review for Staff review for substantial compliancesubstantial compliance with PDP and conditionswith PDP and conditions

Commission review & recommendationCommission review & recommendation Ensure compliance with PDP, conditions, Ensure compliance with PDP, conditions,

and Record Plat requirementsand Record Plat requirements

Board approvalBoard approval Final Development Plan and Final PlatFinal Development Plan and Final Plat

Planned Development:Planned Development: Final Development PlanFinal Development Plan

Conditional UsesConditional Uses

Uses that are “Uses that are “essentially desirableessentially desirable” but ” but may create “may create “uniqueunique” problems:” problems:

Traffic (vehicular and pedestrian)Traffic (vehicular and pedestrian) Noise or pollutionNoise or pollution Impact on surrounding property valuesImpact on surrounding property values

A use may be A use may be PermittedPermitted in one zone, in one zone, while being while being ConditionalConditional in another in another

Conditional UsesConditional Uses

Conditional Use Conditional Use Permits:Permits: FACTORS for ApplicantFACTORS for Applicant Will the CUP?Will the CUP?

Comply with underlying Comply with underlying zoning regulationszoning regulations Contribute to and promote Contribute to and promote public welfarepublic welfare or or

convenienceconvenience Not injure surrounding Not injure surrounding property valuesproperty values Comply with Comply with parking & loadingparking & loading requirements requirements Have adequate Have adequate drainagedrainage and utilities and utilities Have adequate Have adequate access/egressaccess/egress Have adequate on-site vehicular/pedestrian Have adequate on-site vehicular/pedestrian circulationcirculation Prevent development or usePrevent development or use of neighboring properties of neighboring properties

Related to location, size, intensity and nature of use, and Related to location, size, intensity and nature of use, and exterior features of use; use should not “exterior features of use; use should not “dominatedominate” ” neighborhoodneighborhood

Consistent with good planning practiceConsistent with good planning practiceNot detrimental to surrounding permitted usesNot detrimental to surrounding permitted usesVisually compatible with surrounding usesVisually compatible with surrounding usesWill not significantly increase traffic congestionWill not significantly increase traffic congestion & hazards& hazardsWill not increase Will not increase firefire hazards hazardsWill not overtax public utilitiesWill not overtax public utilitiesWill not injure property values or limit future development Will not injure property values or limit future development of surrounding areasof surrounding areasComply with Comprehensive Plan or other applicableComply with Comprehensive Plan or other applicable plans adopted by the Cityplans adopted by the CityReasoning & recommendation of Commission should be Reasoning & recommendation of Commission should be contained in a report to the Board.contained in a report to the Board.

Conditional Use PermitsConditional Use PermitsCommission Commission findingsfindings for CUP: for CUP:

Permitted Uses Permitted Uses (maximum floor area)(maximum floor area) Performance standards Performance standards (noise, odor, etc.)(noise, odor, etc.)

Height limitationsHeight limitations Minimum yard requirementsMinimum yard requirements Parking and loading requirementsParking and loading requirements Sign regulationsSign regulations Time limitations Time limitations (hours of operation)(hours of operation)

Architectural elevations of structuresArchitectural elevations of structures LandscapingLandscaping

Conditions may be Conditions may be more restrictivemore restrictive than underlying zoning than underlying zoning Conditions may also include Performance Guarantees to Conditions may also include Performance Guarantees to

ensure improvements are completedensure improvements are completed

Conditional Use Conditional Use Permits:Permits:What type of conditions?What type of conditions?

Owners of 30% of land included in Owners of 30% of land included in proposed changeproposed change

30% of owners of land within 185 ft. of 30% of owners of land within 185 ft. of proposed changeproposed change

Three-fourths (Three-fourths (¾¾) majority vote of Board ) majority vote of Board required to approve protested CUPrequired to approve protested CUP

Conditional Use PermitsConditional Use PermitsProtest of CUP ApprovalProtest of CUP Approval

Board Action on Commission ReportBoard Action on Commission Report Public Hearing on CUP (2Public Hearing on CUP (2ndnd Hearing) Hearing)

Decision of BoardDecision of BoardAffirmAffirm

ReverseReverse

ModifyModify

Two-Thirds (Two-Thirds (2/32/3) vote of Board required to Reverse ) vote of Board required to Reverse or Modify any determination of Commissionor Modify any determination of Commission

Conditional Use PermitsConditional Use Permits

CUPsCUPs

Valid for Valid for unlimitedunlimited period unless a lesser period unless a lesser period shall be provided – can be extended by period shall be provided – can be extended by P&ZP&Z

P&Z Commission reserves full authority to P&Z Commission reserves full authority to revoke the approvalrevoke the approval

Not transferable to any other location by that Not transferable to any other location by that applicantapplicant

Change in ownership requires “renewal” of Change in ownership requires “renewal” of original CUPoriginal CUP

Subdivision PlatsSubdivision 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

• Pre-Application Meeting

• If Pre-App Plat is satisfactory, applicant files for formal Preliminary Plat review before Commission

Subdivision Plats:Subdivision Plats:ProcedureProcedure

• 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:Subdivision Plats:ProcedureProcedure

• 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:Subdivision Plats:Commission ActionCommission Action

Subdivision Plats:Subdivision Plats:Scope of ReviewScope 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:Subdivision Plats:ImprovementsImprovements

• 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

• 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:Subdivision Plats:Record PlatRecord Plat

• 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


• 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.


QUESTIONSQUESTIONS AND ANSWERSAND ANSWERS

Planning and Zoning Commission Training 2010 2010.

Documents

Transcript of Planning and Zoning Commission Training 2010 2010.