Clayton City Zoning Code
ARTICLE IX
Special Development District
Section 405.1160 Purpose Statement
[Ord. No. 6022 §1(Att. A), §11.1, 7-8-2008]
A.
Special developments are a distinct zoning district and are appropriate where a development project is proposed to be large-scale and constructed in multiple phases.
B.
Special development designation is appropriate where a development project is proposed on a lot or, when combined, a series of lots which total at least three (3) acres in size and is unable to meet the established zoning criteria due to unusual circumstances in project size, phasing, configuration or particular design features. The special development process provides the flexibility needed to encourage efficient use of land and resources, promoting greater efficiency in public and utility services while encouraging innovation in the planning and building of a large-scale development which involves a multi-phased, multi-year timeframe.
C.
The special development process is to enable compatible development, provide a public benefit as itemized in Section 405.1190 and achieve the following objectives:
1.
Allow for a complex, large scale project to be phased in a manner advantageous to the City, developer and adjacent neighborhoods;
2.
Development of a large tract of land which is vacant or underutilized in a coordinated manner;
3.
Creation of a more desirable environment than would be possible through strict application of other City land use regulations designed for smaller projects;
4.
Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities;
5.
Combination and coordination of architectural styles, building forms and building relationships covering different phases within a single development project;
6.
Preservation and enhancement of desirable site characteristics such as natural topography, vegetation and geologic features and the prevention of soil erosion;
7.
Preservation of buildings which are architecturally or historically significant or contribute to the character of the City;
8.
Use of design, landscape or architectural features to create a pleasing environment;
9.
Inclusion of special features;
10.
Elimination of deteriorated structures or incompatible uses through redevelopment or rehabilitation; and
11.
Facilitate implementation of the recommendations of the Business Districts Master Plan, where applicable.
Section 405.1170 Zoning Amendment
[Ord. No. 6022 §1(Att. A), §11.2, 7-8-2008]
A.
The special development district is a zoning amendment intended to provide a method of consideration for a multi-phased development in a unified land plan that will improve the quality of the subject properties and have a beneficial effect on adjacent areas.
B.
Rezoning to a special development district is allowed only in areas where the existing zoning designation is "C-1", "C-2", High Density Commercial (HDC) and "S-1", inclusive.
Section 405.1180 Special Development Plan and Subdistricts (Phases)
[Ord. No. 6022 §1(Att. A), §11.3, 7-8-2008]
A special development plan shall be submitted which provides the general components of the proposed development. To ensure that various components of the project meet the criteria of the special development plan, subdistricts shall be required for each phase of the project. The subdistricts shall be identified as part of the rezoning for special development districts. In addition, each subdistrict shall be subject to the provisions of Article VIII of Chapter 405, "Site Plan Review" and Article III of Chapter 400, "Architectural Review".
Section 405.1190 Public Benefit
[Ord. No. 6022 §1(Att. A), §11.4, 7-8-2008; Ord. No. 6754, 4-12-2022]
A.
In exchange for waivers of certain requirements of this Chapter, public benefit shall be provided as determined by the Plan Commission and Board of Aldermen. The public benefits to the City that are intended to be derived from the approval of special developments may include, but are not limited to:
1.
Use of large tracts of land in a manner which provides a cohesive phased development and minimizes construction impact;
2.
Extraordinary landscaping and greenspace provisions;
3.
Garage entryways by virtue of their location, materials and design that blend with the architecture of the surrounding neighborhood;
4.
Architectural distinction and significance that would make the development noteworthy;
5.
Extensive use of high-quality building materials that would add significant value to the property and benefit adjacent properties;
6.
Provision of new public infrastructure, including, but not limited to, streets, curbs, sidewalks, sanitary sewers, stormwater sewers, lighting, and public parking;
7.
Provisions for reduced sale price or rents for a percentage of the residential units to encourage the goal of affordable housing, if residential is proposed;
8.
Leadership in Energy and Environmental Design (LEED) certification from the U.S. Green Building Council at a minimum "Certified" level including applicable regional priorities or an equivalent nationally recognized third-party verification organization as determined by the Plan Commission;
9.
Enhancements to off-site City-owned parks or other public facilities such as the replacement of recreation-related facilities or the installation of streetscape meeting City standards where none currently exists.
Section 405.1200 Application and Plan Requirements
[Ord. No. 6022 §1(Att. A), §11.5, 7-8-2008]
A.
An applicant shall file an application for rezoning and Special Development District on a form provided by the Department of Planning and Development Services. When a project requires multiple approvals and plan sets (such as site plan and architectural review), the applicant may submit the same plans (combined plan sets) for all applicable approvals, provided the combined sets include all of the information required for each applicable project review. At the time that an application is filed, the applicant shall pay a fee as required by the fee schedule approved by the Board of Aldermen. The fee shall be paid to the City of Clayton to the credit of the general revenue fund of the City.
B.
The application process for a designated Special Development District includes a request for rezoning pursuant to the provisions of Article XI "Text Amendments And Rezoning" of this Chapter. Rezoning must be completed concurrently with the approval process for the special development.
1.
Application and submission requirements for a Special Development District. The Special Development District application shall be submitted on a form provided by the Department of Planning and Development Services accompanied by such number of copies of documents as the Director of Planning and Development Services, or his/her designee, may require for processing of the application and shall include at a minimum the following general information:
a.
The applicant's name, address, telephone number and interest in the property;
b.
Certification that the applicant is registered to do business in the State of Missouri and is in good standing to develop the site;
c.
The owner's name, address and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application;
d.
A certificate of disclosure of ownership interest;
e.
The street address and legal description of the subject property;
f.
The current zoning classification, proposed zoning district boundaries and present use of the subject property;
g.
A vicinity map with north arrow, scale and date indicating the zoning classifications and current uses of properties within two hundred fifty (250) feet of the subject property;
h.
The proposed title of the project and the names, addresses and telephone numbers of the architect, landscape architect, planner and/or engineer on the project.
2.
Special development plan. The special development plan shall be drawn at a scale of one inch equals twenty feet (1 inch = 20 feet) or larger, unless otherwise approved by the Director of Planning and Development Services, setting forth at least the following:
a.
The location, dimensions and total area of the site;
b.
Identification of each subdistrict within the special development plan and a schedule stating the approximate beginning and completion time for each subdistrict, including substantiation that each of the phases identified will be constructed;
c.
The location and use of each proposed building or structure;
d.
The maximum height of each building or structure;
e.
The maximum number and type of dwelling units in each building and the overall maximum dwelling unit density (if residential uses are proposed);
f.
The location of permanent open spaces including landscape buffers;
g.
Graphics, including building massing diagrams, if requested by the Director of Planning and Development Services;
h.
The minimum number and general location of parking spaces and loading facilities;
i.
The general traffic circulation pattern within the area of the development, including the location and description of public improvements to be installed, including streets and future easements;
j.
A traffic impact analysis prepared by a registered traffic engineer depicting the project's impact on vehicular and pedestrian traffic;
k.
A parking study if shared parking is proposed and a shadow study if requested by the Director of Planning and Development;
l.
Other professional or technical studies or reports as may be required by the Director of Planning and Development Services to clearly understand the project. The applicant shall be responsible for any costs and/or expenses incurred as a result of engaging such outside professional assistance;
m.
The general drainage plan for the development;
n.
Copies of any restrictive covenants that are to be recorded with respect to property in the proposed special development;
o.
A statement showing the relationship of the proposed special development to the goals of the City's Master Plan, if applicable, or justification for variations;
p.
A preliminary plat of survey of the parcel of land, lot(s), block(s) or parts or portions thereof, drawn to scale, showing the actual dimensions of the parcel, lot(s), block(s), or parts or portions thereof, according to the registered or recorded plat of such land.
Each drawing shall be sealed, signed and dated by the licensed entity who prepared the drawing or under whose immediate personal supervision the plan has been prepared. Revised plans and amended or modified approved plans shall also be so authenticated by the licensed entity who prepared the revision, amendment or modification to the drawing or under whose immediate personal supervision the plan has been revised, amended or modified. |
Section 405.1210 Criteria For Approval - Special Development Plan
[Ord. No. 6022 §1(Att. A), §11.6, 7-8-2008]
A.
The approval criteria are designed to achieve the goals as set forth in Section 405.1160 of this Article. The Plan Commission shall recommend to the Board of Aldermen approval, approval with conditions or denial of the special development plan. In considering and acting upon the special development plan, the Plan Commission and Board of Aldermen shall take the following objectives into consideration through the special development process:
1.
The proposed development, including proposed phases and schedule, is in harmony with general purposes and intent of Chapter 405 of the Municipal Code and is compatible with and implements the planning goals and objectives of the City;
2.
Streets or other means of access to the proposed development meet City of Clayton standards and are suitable to carry anticipated traffic;
3.
The internal circulation system of the proposed development encourages safe movement for vehicles and pedestrians;
4.
Existing or proposed utility services are adequate for the proposed development;
5.
Appropriate buffering is provided to protect adjacent land uses from light, noise and visual impacts;
6.
The proposed development preserves unique environmental features of the property;
7.
The proposed height, arrangement and uses of the proposed development are compatible with the surrounding neighborhood and the City as a whole;
8.
The proposed development complies with all other applicable codes and ordinances.
Section 405.1220 Procedures For Approval of A Special Development Plan
[Ord. No. 6022 §1(Att. A), §11.7, 7-8-2008]
Upon the review of an application and plans, the Director of Planning and Development Services, or his/her designee, shall notify the applicant of any deficiencies and/or modifications necessary to perfect the application. Once the submittal is deemed complete, the application is forwarded to the Plan Commission and Board of Aldermen for their consideration and approval, respectively. The application for a special development district shall be reviewed and decided upon in accordance with the procedures for a zone change established by Article XI "Text Amendments And Rezoning" of this zoning ordinance. Approval of the special development district is determined solely in the legislative discretion of the Board of Aldermen. Once approved, the special development district plan and subdistricts become the specific zoning regulations of the property.
Section 405.1230 Conditions of Approval For Special Development Plan
[Ord. No. 6022 §1(Att. A), 11.8, 7-8-2008]
A.
The Board of Aldermen may impose such conditions and limitations as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the special development district, upon the City as a whole or upon public facilities and services. These conditions may include, but are not limited to, conditions concerning use, construction, character, location, landscaping, screening, parking, maintenance, operational elements that would impact adjoining land uses and other matters relating to the purposes and objectives of these regulations. Such conditions shall be expressly set forth in the ordinance authorizing the special development plan. Violation of any such condition or limitation shall be a violation of these regulations and subject the offender to the penalties prescribed for the violation of this Chapter. Additionally, violation of any such condition or limitation shall be a violation of these regulations and shall constitute grounds for revocation of the approval authorizing the special development.
B.
The ordinance approving a special development shall contain a legal description of the property subject to the special development. The ordinance, along with the development plan, shall be recorded by the applicant in the office of County Recorder of Deeds. The applicant must present proof of such recording before any permits may be issued.
C.
Following special development approval, the special development plan and the associated subdistrict plans, rather than any other provision of Chapter 405, shall govern the use, parking, loading, sign, bulk, space and yard regulations applicable to the subject property, and no use or development, other than temporary uses, shall be permitted within the area of the special development district pursuant to the zoning district regulations otherwise applicable to such area.
Section 405.1240 Special Development Plan Subdistricts (Phases)
[Ord. No. 6022 §1(Att. A), §11.9, 7-8-2008]
A.
In addition to approval of the special development plan by the Board of Aldermen, the applicant shall be required to submit a subdistrict development plan for each identified phase which provides detailed information related to a specific phase of the development. The subdistrict development plan shall be in substantial conformance with the special development plan as determined by the Board of Aldermen upon recommendation of the Plan Commission. The subdistrict development plan shall be in addition to any other required approvals such as site plan review or architectural review and may be submitted concurrently.
1.
Subdistrict development plan. The subdistrict development plan to be considered for each phase shall be drawn at a scale of one inch equals twenty feet (1 inch = 20 feet) or larger, unless otherwise approved by the Director of Planning and Development Services, setting forth at least the following:
a.
The location, dimensions and total area of the phase under consideration;
b.
The location and use of each proposed building or structure, including floor areas and height of each in the subject phase;
c.
The number and type of dwelling units in each building and the overall dwelling unit density (if residential uses are proposed);
d.
A separate landscape plan in accordance with Article XXX: Trees and Landscaping Regulations;
[Ord. No. 6430 §1, 6-14-2016]
e.
Architectural drawings including exterior elevations, floor plans and cross sections for each of the buildings/structures in the subject phase;
f.
The number and location of parking spaces and loading facilities associated with the subject phase;
g.
The traffic circulation pattern within the subject phase, including the location and description of public improvements and streets to be installed;
h.
Verification that the traffic impact has not substantially changed from the special development plan approval and that the subdistrict plan provides the mitigation measures as required in the original Traffic Impact Study;
i.
The drainage plan for the development phase;
j.
Copies of any restrictive covenants or easements/dedications that are to be recorded with respect to property in the proposed subdistrict phase plan;
k.
Depictions on plans showing the subdistrict phase plan is in compliance with approved special development district plan;
l.
A plat of survey of the parcel of land, lot(s), block(s) or parts or portions thereof, drawn to scale, showing the actual dimensions of the parcel, lot(s), block(s) or parts or portions thereof according to the registered or recorded plat of such land;
m.
Other professional or technical studies or reports as may be required by the Director of Planning and Development Services to clearly understand this phase of the project. The applicant shall be responsible for any costs and/or expenses incurred as a result of engaging such outside professional assistance.
2.
Each drawing shall be sealed, signed and dated by the licensed entity who prepared the drawing or under whose immediate personal supervision the plan has been prepared. Revised plans and amended or modified approved plans shall also be so authenticated by the licensed entity who prepared the revision, amendment or modification to the drawing or under whose immediate personal supervision the plan has been revised, amended or modified.
Section 405.1250 Criteria For Approval - Subdistrict Development Plan
[Ord. No. 6022 §1(Att. A), §11.10, 7-8-2008]
A.
The approval criteria are designed to achieve the goals of the special development plan as set forth in Section 405.1160 of this Article. The Plan Commission shall recommend to the Board of Aldermen approval, with conditions or denial of the subdistrict development plan. In considering and acting upon development plans, landscape plans and other applicable plans, the Plan Commission shall take the following objectives into consideration through the special development process:
1.
The proposed development is consistent with the special development plan for this site;
2.
Streets or other means of access to the proposed phase of development meet City of Clayton standards and are suitable and adequate to carry anticipated traffic;
3.
The internal circulation system of the proposed phase encourages safe movement for vehicles and pedestrians and is in compliance with the special development plan;
4.
Existing or proposed utility services are adequate for the proposed subdistrict and is in conformance with the special development plan;
5.
Appropriate buffering is provided to protect adjacent land uses from light, noise and visual impacts;
6.
Architecture and building materials are consistent with the design of the special development plan, are consistent with other phases and are compatible with the adjacent neighborhood;
7.
Trees and landscaping are appropriate with the scale of the development and consistent with Article XXX: Trees and Landscaping Regulations.
[Ord. No. 6430 §1, 6-14-2016]
8.
Topography. Every attempt shall be made to preserve the topography of the property. If the topography must be altered to accommodate construction, the plan must contain specific information regarding the proposed topography change and its impact on the flow of drainage on adjacent properties.
9.
New plantings. New developments should be screened from adjacent properties by use of high caliper tree plantings.
[Ord. No. 6430 §1, 6-14-2016]
10.
Tree preservation. The preservation of mature trees is encouraged.
[Ord. No. 6430 §1, 6-14-2016]
11.
The materials, design and uses are compatible with the neighborhood surrounding the proposed development phase and the City as a whole.
12.
The proposed development phase complies with all other applicable codes and ordinances.
Section 405.1260 Procedures For Approval of A Subdistrict Development Plan
[Ord. No. 6022 §1(Att. A), §11.11, 7-8-2008]
Upon the review of an application and plans, the Director of Planning and Development Services, or his/her designee, shall notify the applicant of any deficiencies and/or modifications necessary to perfect the application. Once the submittal is deemed complete, the application is forwarded to the Plan Commission and Board of Aldermen for their consideration and approval, respectively. The application for a subdistrict development plan shall be reviewed and decided upon in accordance with the criteria outlined in Section 405.1230 of this Article. Approval of the subdistrict development plan is determined by consideration of the phase's compliance with the special development plan and good planning practices in the legislative discretion of the Board of Aldermen.
Section 405.1270 Re-Application
[Ord. No. 6022 §1(Att. A), §11.12, 7-8-2008]
In the event the Board of Aldermen denies an application for a special development district, no request for hearing upon the same application or substantially similar application will be accepted for a period of at least one (1) year from the date of denial by the Board of Aldermen.
Section 405.1280 Appeals
[Ord. No. 6022 §1(Att. A), §11.13, 7-8-2008]
An aggrieved party may, within fifteen (15) days of the decision for which redress is sought, file with the Board of Aldermen a written request for reconsideration and appeal of any decisions of the Board of Aldermen under this Article. The written request must set forth in a concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The request for reconsideration and appeal must be filed with the City Clerk within the time specified above. A copy of the request and any supporting documents or materials filed by aggrieved party must be served by the aggrieved party on the applicant (if different than the aggrieved party) by certified U.S. mail, return receipt requested, within three (3) days of filing with the City Clerk. Proof of service on the applicant must be filed with the City Clerk within six (6) days of filing of the request. The Board of Aldermen may consider the appeal on the record of the prior decision or may, at its sole discretion, receive additional evidence in such manner as it deems appropriate in light of the circumstances.
Section 405.1290 Time Limit On Approved Special Development
[Ord. No. 6022 §1(Att. A), §11.14, 7-8-2008]
There shall be no time limit on an approved special development plan; however, the subdistrict development plan shall be valid for a period no longer than one (1) year after approval by the Board of Aldermen unless a building permit is issued and construction is actually begun and is diligently pursued within that period. A written request for an extension of a subdistrict development plan must be received by the City Clerk not less than forty-five (45) days prior to the expiration of the original one (1) year period. The applicant shall bear the burden of providing just cause for delay, proof that the project remains the same and proof that no circumstances bearing on the suitability of the project have changed. Approval of a request for an extension is at the sole discretion of the Board of Aldermen.
Section 405.1300 Building Permit Issuance
[Ord. No. 6022 §1(Att. A), §11.15, 7-8-2008]
A.
The approval of a proposed special development by the Board of Aldermen shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the regulations of the City including, but not limited to, a building permit, certificate of occupancy and, where applicable, subdivision approval.
B.
Building permits shall be issued in accordance with the approved subdistrict development plan. A copy of the approved subdistrict plans shall be retained in the records of the Department of Planning and Development Services and all building and occupancy permits issued by the Director of Planning and Development Services, or his/her designee, shall conform to the provisions of the approved subdistrict development plan.
Section 405.1310 Revocation
[Ord. No. 6022 §1(Att. A), §11.16, 7-8-2008]
The City shall have the authority to order the abatement, removal and/or conformity of any special development, including subdistricts, or any portion thereof that is contrary to any of the conditions and/or provisions of the approved special development. Provided however, that the property owner was first served with an order to abate, remove and/or bring into conformity the violation(s), and the property owner failed to comply with the order within ten (10) days of receiving the order and following a public hearing held in accordance with this Article. If the construction is deemed hazardous by the City, immediate action may be taken by the City to correct the situation.
Section 405.1320 Adjustments
[Ord. No. 6022 §1(Att. A), §11.17, 7-8-2008]
A.
No adjustment shall be made in the construction, development or use without a new application under the provisions of these regulations. However, minor adjustments may be made subject to written approval by the City Manager. Additionally, a request for an extension to the date of completion may be approved by the Board of Aldermen upon recommendation from the Director of Planning and Development Services.
B.
Minor Adjustments.
1.
The City Manager may authorize minor adjustments to the approved subdistrict development plan when such adjustments appear necessary in light of technical or engineering considerations. Such minor adjustments shall be limited to the following elements:
a.
Adjusting the distance as shown on the approved subdistrict development plan between any one (1) structure or group of structures and any other structure or group of structures, or any vehicular circulation element or any boundary of the site.
b.
Adjusting the location of any open space.
c.
Adjusting any final grade.
d.
Altering the types of landscaping elements and their arrangement within the required landscaping buffer area.
e.
The City Manager may decline to approve such minor adjustments if he/she deems the changes are significant and refer the application to the Board of Aldermen (see Major Amendments).
2.
Such minor adjustments shall be consistent with the intent and purpose of these regulations and the approved special development plan and subdistrict development plan, and shall be the minimum necessary to overcome the particular difficulty and shall not be approved if such adjustments would result in a violation of any standard or requirement of these regulations.
C.
Major Amendments.
1.
All major amendments to the approved subdistrict development plan will require a public hearing held by the Board of Aldermen and notice to all property owners whose properties are located within two hundred (200) feet of the special development subdistrict. A request for an amendment to the approved subdistrict development plan shall be considered a major amendment, only if the following apply:
a.
An increase or decrease in square footage or density from the original proposal;
b.
Change in the number of parking spaces from the original approval;
c.
Changes in proposed land uses (office become retail/restaurant);
d.
Significant changes to the site, landscaping and/or streetscape;
e.
The amendment requires a modification of any written conditions of approval or recorded easements;
f.
Upon finding that any changes in the plan as approved will not be in substantial conformity with the approved subdistrict development plan.
2.
If the Board of Aldermen determines that a major amendment is not in substantial conformity with the approved subdistrict development plan, then the Board of Aldermen shall review the request and approve or disapprove the amendment. The fee for a major amendment to the approved subdistrict development plan shall be as set forth in the fee schedule as approved by the Board of Aldermen.