- PLANNED UNIT DEVELOPMENTS
Planned unit developments are intended to encourage the efficient use of land and resources, promoting greater efficiency in public and utility services and encouraging innovation in the planning, design and building of all types of development. Through the flexibility of the planned unit development technique, the city seeks to achieve the following objectives:
(a)
Creation of a more desirable environment that would not be possible through strict application of other city land use regulations;
(b)
Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities;
(c)
Coordination of architectural styles, building forms and building relationships;
(d)
Preservation and enhancement of desirable site characteristics such as natural topography, vegetation and geologic features, and the prevention of soil erosion;
(e)
Preservation of buildings which are architecturally or historically significant or contribute to the character of the city;
(f)
Use of design, landscape or architectural features to create a pleasing environment;
(g)
Inclusion of special development features;
(h)
Elimination of blighted structures or incompatible uses through redevelopment or rehabilitation; and
(i)
Facilitate implementation of the recommendations of the City of Jennings Comprehensive Plan, in accordance with the City of Jennings Comprehensive Plan.
In order to achieve the purposes set forth in Article 1 of this appendix, and the City of Jennings Comprehensive Plan, the city council shall have the authority in approving any planned unit development to change, alter, modify or waive any provisions of any districts' regulations set forth in Appendix A of the Municipal Code as such regulations apply to the proposed planned unit development.
The public benefits that are intended to be derived from the approval of planned unit developments, include, but are not limited to:
(a)
Extensive use of high quality building materials that would add to the assessed valuation.
(b)
Inclusion of street level landscape garden, plaza or park available for public use;
(c)
Architectural distinctiveness and/or significant architecture that would make the building noteworthy;
(d)
Inclusion of special access features or provisions to existing or planned public transit facilities;
(e)
Public art;
(f)
Inclusion of below grade public parking facilities;
(g)
Inclusion of public parking spaces in excess of what is required by Article 20 of this appendix.
These public benefits, and such others as the city council may determine, shall not be considered to be the principal use on a zoning lot, but rather an accessory feature or use complementary to the principal use.
The site development plan approval process requires two (2) approval steps - A preliminary site development plan approval and a final site development plan approval.
An applicant shall file an application for preliminary site development plan approval with the director of public works.
16.5.1 Application submission requirements. The preliminary site development plan application shall be submitted to the director of public works accompanied by such number of copies of documents as the director of public works may require for processing of the application, and shall include at least the following information.
16.5.2 General information. The preliminary site development plan application shall include the following general information:
(a)
The applicant's name, address, telephone number and interest in the property;
(b)
Certification by the Office of the Secretary of State, State of Missouri, that the applicant is registered to do business and is in good standing.
(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)
The street address and legal description of the subject property;
(e)
The zoning classification, zoning district boundaries and present use of the subject property;
(f)
A vicinity map with north point, scale and date, indicating the zoning classifications and current uses of properties within two hundred fifty feet (250') of the subject property; and
(g)
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.
16.5.3 Preliminary development plan. A preliminary site development plan at a scale of twenty feet to the inch (20' = 1") or larger, unless otherwise approved by the director of public works, setting forth at least the following:
(a)
The location, dimensions, and total area of the site;
(b)
The location, dimensions, floor area, type of construction and use of each proposed building or structure;
(c)
The number, size and type of dwelling units in each building, and the overall dwelling unit density (if residential uses are proposed);
(d)
The treatment of open spaces and the exterior surfaces of all structures, with sketches of proposed landscaping and structures, including typical elevations;
(e)
Architectural graphics, if requested by the director of public works, including typical floor plans and elevations, profiles and cross-section;
(f)
The number, location and dimension of parking spaces and loading docks, with means of ingress and egress;
(g)
The traffic circulation pattern within the area of the development, including the location and description of public improvements to be installed, including any streets and access easements;
(h)
A traffic impact analysis;
(i)
The location and purpose of any existing or proposed dedication or easement;
(j)
The general drainage plan for the development tract;
(k)
Existing or proposed utility services are adequate for the development.
(l)
The location and dimensions of adjacent properties, abutting public rights-of-way and easements, and utilities serving the site;
(m)
Significant topographical or physical features of the site, including existing trees;
(n)
Soils and subsurface conditions, if requested;
(o)
The location and treatment of any historical structure or other historical design element or feature;
(p)
One (1) copy of the preliminary site development plan colored or shaded (unmounted) for legibility and presentation at public meetings; and
(q)
A reduction of the preliminary site development plan to 8 ½ × 11 inches. The reduction need not include any area outside the property lines of the subject site.
16.5.4 Plat of survey. A plat or survey of the piece or parcel of land, lot, lots, block, blocks, or parts or portions thereof, drawn to scale, showing the actual dimensions of the piece or parcel, lot, lots, block, blocks, or portions thereof, according to the registered or recorded plat of such land.
16.5.5 A preliminary plat of subdivision, if required. A preliminary plat of subdivision showing that the planned unit development consists of and is conterminous with a single lot described in a recorded plat of subdivision, or a proposed resubdivision or consolidation to create a single lot or separate lots of record in suitable form ready for review.
16.5.6 Additional information. The preliminary site development plan application shall also contain the following information and be accompanied by the following submissions, as well as such additional information, drawings, plans or documentation as may be requested by the director of public works or the plan commission if determined necessary or appropriate for a full and proper consideration and disposition of the application.
(a)
A certificate of disclosure of ownership interest;
(b)
When the proposed planned unit development includes provisions for common open space or common recreational areas, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a government authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted;
(c)
Copies of any restrictive covenants that are to be recorded with respect to property in the proposed planned unit development;
(d)
When the planned unit development is to be constructed in stages or units, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion time for each stage or unit. When a development provides for common open space or common recreational area, the total area of common open space or common recreational areas to be provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire development as the stages or units are completed or under development bear to the entire development;
(e)
A statement showing the relationship of the proposed planned unit development to applicable recommendations of the comprehensive plan.
(f)
A statement showing the relationship of the proposed planned unit development to the comprehensive plan or justification for variations from the comprehensive plan;
(g)
A written statement addressing each of the standards set forth in subsection 16.5.9 below, and such additional standards, if any, as may be applicable under the specific provisions of these regulations. The statement shall explain specifically how the proposed planned unit development relates to and meets each such standard.
(h)
A statement describing how the proposed planned unit development is compatible with other property adjacent to the planned unit development.
16.5.7 Determination of completeness. Upon the review of a preliminary development plan application by the department of public works and the City of Jennings Fire Department, the director of public works shall notify the applicant of any deficiencies and/or modifications necessary to perfect the application.
16.5.8 Review procedure. The application for a preliminary development plan shall be reviewed and a recommendation made by the plan commission in accordance with the procedures for conditional use permits established in Article 25 of this appendix.
16.5.9 Standards for approval of preliminary development plan. The plan commission shall recommend to the city council approval, approval with conditions, or denial of the preliminary development plan based upon written findings of fact with regard to each of the standards set forth below.
(a)
The proposed development is in harmony with the general purposes and intent of Appendix A of the Municipal Code and these regulations, and is compatible with and implements the planning goals and objectives of the city, including the city's comprehensive plan.
(b)
Streets or other means of access to the proposed development are suitable and adequate to carry anticipated traffic and will not overload the adjacent streets;
(c)
The internal circulation system of the proposed development encourages safe movement for vehicles and pedestrians;
(d)
Existing or proposed utility services are adequate for the proposed development;
(e)
Appropriate buffering is provided to protect adjacent land uses from light, noise and visual impacts;
(f)
Architecture and building materials are consistent within the development and compatible with the adjacent neighborhood;
(g)
Landscaping is appropriate for the scale of the development;
(h)
The proposed development preserves designated historical features of the property;
(i)
The proposed development preserves architectural and environmental features of the property;
(j)
Operating and delivery hours are compatible with adjacent land uses;
(k)
The proposed uses are compatible with the neighborhood surrounding the proposed development and will not have a material net cumulative adverse impact on the neighborhood, or on the city as a whole; and
(l)
The proposed development complies with all other applicable codes and ordinances.
16.5.10 Conditions of planned unit development. The city council 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 planned unit development, 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 and other matters relating to the purposes and objectives of these regulations. Such conditions shall be expressly set forth in the ordinance authorizing the planned unit development. Violation of any such condition or limitation shall be a violation of these regulations and shall constitute grounds for revocation of the conditional use permit authorizing the planned unit development.
16.5.11 City council action on preliminary site development plan subject to certifications by director of public works. The ordinance of the city council approving the preliminary site development plan shall include a provision approving the final development plan, subject to certification by the director of public works that the final development plan is in substantial conformance with the preliminary site development plan approved by the city council.
16.5.12 Appeals. In the event the city council denies a preliminary application for a planned unit development, no new application for the same or similar use shall be accepted for a period of at least six (6) months from the date of denial by the city council. The decision to deny a preliminary application for a planned unit development shall be in writing with findings of fact. An appeal of the city council's decision may be presented to the circuit court having jurisdiction in St. Louis County. To do so, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality and asking for relief therefrom, shall be filed with the circuit court within thirty (30) days after the filing of the decision of the city council.
16.6.1 Certification of final site development plan compliance. Upon receipt from the applicant of an application for final site development plan certification, the director of public works shall review the application to determine if it is complete, including any modifications required in conjunction with such approval by the city council. Within seven (7) days of receipt of the completed application, the director of public works shall either (1) certify that the final development plan substantially complies with the approved preliminary development plan; or (2) refuse to certify the final site development plan for lack of compliance with the preliminary site development plan as finally approved by the city council.
16.6.2 Effect of certification of compliance. A final site development plan as approved and certified in accordance with the provisions of this article shall not be modified, except pursuant to section 16.2.
16.6.3 Effect of refusal of certification. If the director of public works, upon determining that the final site development plan does not substantially comply with the approved preliminary site development plan, refuses to certify the plan, he shall notify the applicant in writing of that decision, and identify the items of the approved preliminary site development plan with which the final site development plan does not comply. The applicant shall have fourteen (14) days following receipt of the director's notification to correct the deficiencies.
16.6.4 Appeal of director's refusal to certify compliance. Any party aggrieved by the decision of the director of public works not to certify a final site development plan, may appeal to the city council within thirty (30) days of the date of decision.
No planned unit development permit shall be valid for a period longer than one (1) year unless a building permit is issued and construction actually begins and is diligently pursued within that period. However, upon written request of the applicant, the one-year period may be extended by the city council, upon recommendation of the director of public works, without further hearing.
The ordinance approving a planned unit development shall contain a legal description of the property subject to the planned unit development. The ordinance along with the final site development plan, shall be recorded by the applicant in the Office of the St. Louis County Recorder of Deeds before any permits may be issued.
The approval of a proposed planned unit development by the city council 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.
Following final site development plan approval, the final site development plan, rather than any other provision of these regulations, shall constitute the use, parking, loading, sign, bulk, space and yard regulations applicable to the subject property. After approval of a final site development plan no other use shall be permitted within the planned unit development except temporary uses pursuant to the zoning district regulations for the planned unit development.
16.11.1 New application required for alterations and amendments. No alteration or amendment shall be made in the construction, development or use of the approved final development plan, without a new application under the provisions of these regulations. However, minor alterations to an approved final site development plan may be made subject to written approval of the city council and the date for completion of the development may be extended by the city council upon recommendation of the director of public works.
16.11.2 Minor adjustments. During build-out of the planned unit development, the director of public works may authorize minor adjustments to the approved final site 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 final site development plan between any one structure or group 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.
Such minor adjustments shall be consistent with the intent and purpose of these regulations and the final development plan as approved pursuant to this article. Such minor adjustments 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.
16.11.3 Major adjustments. Any adjustment to the approved final site development plan not authorized above shall be considered to be a major adjustment. The city council, following notice to all property owners whose properties are located within two hundred fifty (250) feet of the planned unit development, may, at a regularly scheduled meeting, approve an application for a major adjustment to the final site development plan not requiring a modification of written conditions of approval or recorded easements, upon finding that any changes in the plan as approved will be in substantial conformity of such final site development plan. If the city council determines that a major adjustment is not in substantial conformity with the final site development plan as approved, then the city council shall review the request and approve or disapprove the adjustment.
16.11.4 Fees. Fees for review of a planned unit development site development plan and fees for adjustments to a final site development plan shall be as set forth in the fee schedule (Article 31 of this appendix) as approved by the city council.
- PLANNED UNIT DEVELOPMENTS
Planned unit developments are intended to encourage the efficient use of land and resources, promoting greater efficiency in public and utility services and encouraging innovation in the planning, design and building of all types of development. Through the flexibility of the planned unit development technique, the city seeks to achieve the following objectives:
(a)
Creation of a more desirable environment that would not be possible through strict application of other city land use regulations;
(b)
Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities;
(c)
Coordination of architectural styles, building forms and building relationships;
(d)
Preservation and enhancement of desirable site characteristics such as natural topography, vegetation and geologic features, and the prevention of soil erosion;
(e)
Preservation of buildings which are architecturally or historically significant or contribute to the character of the city;
(f)
Use of design, landscape or architectural features to create a pleasing environment;
(g)
Inclusion of special development features;
(h)
Elimination of blighted structures or incompatible uses through redevelopment or rehabilitation; and
(i)
Facilitate implementation of the recommendations of the City of Jennings Comprehensive Plan, in accordance with the City of Jennings Comprehensive Plan.
In order to achieve the purposes set forth in Article 1 of this appendix, and the City of Jennings Comprehensive Plan, the city council shall have the authority in approving any planned unit development to change, alter, modify or waive any provisions of any districts' regulations set forth in Appendix A of the Municipal Code as such regulations apply to the proposed planned unit development.
The public benefits that are intended to be derived from the approval of planned unit developments, include, but are not limited to:
(a)
Extensive use of high quality building materials that would add to the assessed valuation.
(b)
Inclusion of street level landscape garden, plaza or park available for public use;
(c)
Architectural distinctiveness and/or significant architecture that would make the building noteworthy;
(d)
Inclusion of special access features or provisions to existing or planned public transit facilities;
(e)
Public art;
(f)
Inclusion of below grade public parking facilities;
(g)
Inclusion of public parking spaces in excess of what is required by Article 20 of this appendix.
These public benefits, and such others as the city council may determine, shall not be considered to be the principal use on a zoning lot, but rather an accessory feature or use complementary to the principal use.
The site development plan approval process requires two (2) approval steps - A preliminary site development plan approval and a final site development plan approval.
An applicant shall file an application for preliminary site development plan approval with the director of public works.
16.5.1 Application submission requirements. The preliminary site development plan application shall be submitted to the director of public works accompanied by such number of copies of documents as the director of public works may require for processing of the application, and shall include at least the following information.
16.5.2 General information. The preliminary site development plan application shall include the following general information:
(a)
The applicant's name, address, telephone number and interest in the property;
(b)
Certification by the Office of the Secretary of State, State of Missouri, that the applicant is registered to do business and is in good standing.
(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)
The street address and legal description of the subject property;
(e)
The zoning classification, zoning district boundaries and present use of the subject property;
(f)
A vicinity map with north point, scale and date, indicating the zoning classifications and current uses of properties within two hundred fifty feet (250') of the subject property; and
(g)
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.
16.5.3 Preliminary development plan. A preliminary site development plan at a scale of twenty feet to the inch (20' = 1") or larger, unless otherwise approved by the director of public works, setting forth at least the following:
(a)
The location, dimensions, and total area of the site;
(b)
The location, dimensions, floor area, type of construction and use of each proposed building or structure;
(c)
The number, size and type of dwelling units in each building, and the overall dwelling unit density (if residential uses are proposed);
(d)
The treatment of open spaces and the exterior surfaces of all structures, with sketches of proposed landscaping and structures, including typical elevations;
(e)
Architectural graphics, if requested by the director of public works, including typical floor plans and elevations, profiles and cross-section;
(f)
The number, location and dimension of parking spaces and loading docks, with means of ingress and egress;
(g)
The traffic circulation pattern within the area of the development, including the location and description of public improvements to be installed, including any streets and access easements;
(h)
A traffic impact analysis;
(i)
The location and purpose of any existing or proposed dedication or easement;
(j)
The general drainage plan for the development tract;
(k)
Existing or proposed utility services are adequate for the development.
(l)
The location and dimensions of adjacent properties, abutting public rights-of-way and easements, and utilities serving the site;
(m)
Significant topographical or physical features of the site, including existing trees;
(n)
Soils and subsurface conditions, if requested;
(o)
The location and treatment of any historical structure or other historical design element or feature;
(p)
One (1) copy of the preliminary site development plan colored or shaded (unmounted) for legibility and presentation at public meetings; and
(q)
A reduction of the preliminary site development plan to 8 ½ × 11 inches. The reduction need not include any area outside the property lines of the subject site.
16.5.4 Plat of survey. A plat or survey of the piece or parcel of land, lot, lots, block, blocks, or parts or portions thereof, drawn to scale, showing the actual dimensions of the piece or parcel, lot, lots, block, blocks, or portions thereof, according to the registered or recorded plat of such land.
16.5.5 A preliminary plat of subdivision, if required. A preliminary plat of subdivision showing that the planned unit development consists of and is conterminous with a single lot described in a recorded plat of subdivision, or a proposed resubdivision or consolidation to create a single lot or separate lots of record in suitable form ready for review.
16.5.6 Additional information. The preliminary site development plan application shall also contain the following information and be accompanied by the following submissions, as well as such additional information, drawings, plans or documentation as may be requested by the director of public works or the plan commission if determined necessary or appropriate for a full and proper consideration and disposition of the application.
(a)
A certificate of disclosure of ownership interest;
(b)
When the proposed planned unit development includes provisions for common open space or common recreational areas, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a government authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted;
(c)
Copies of any restrictive covenants that are to be recorded with respect to property in the proposed planned unit development;
(d)
When the planned unit development is to be constructed in stages or units, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion time for each stage or unit. When a development provides for common open space or common recreational area, the total area of common open space or common recreational areas to be provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire development as the stages or units are completed or under development bear to the entire development;
(e)
A statement showing the relationship of the proposed planned unit development to applicable recommendations of the comprehensive plan.
(f)
A statement showing the relationship of the proposed planned unit development to the comprehensive plan or justification for variations from the comprehensive plan;
(g)
A written statement addressing each of the standards set forth in subsection 16.5.9 below, and such additional standards, if any, as may be applicable under the specific provisions of these regulations. The statement shall explain specifically how the proposed planned unit development relates to and meets each such standard.
(h)
A statement describing how the proposed planned unit development is compatible with other property adjacent to the planned unit development.
16.5.7 Determination of completeness. Upon the review of a preliminary development plan application by the department of public works and the City of Jennings Fire Department, the director of public works shall notify the applicant of any deficiencies and/or modifications necessary to perfect the application.
16.5.8 Review procedure. The application for a preliminary development plan shall be reviewed and a recommendation made by the plan commission in accordance with the procedures for conditional use permits established in Article 25 of this appendix.
16.5.9 Standards for approval of preliminary development plan. The plan commission shall recommend to the city council approval, approval with conditions, or denial of the preliminary development plan based upon written findings of fact with regard to each of the standards set forth below.
(a)
The proposed development is in harmony with the general purposes and intent of Appendix A of the Municipal Code and these regulations, and is compatible with and implements the planning goals and objectives of the city, including the city's comprehensive plan.
(b)
Streets or other means of access to the proposed development are suitable and adequate to carry anticipated traffic and will not overload the adjacent streets;
(c)
The internal circulation system of the proposed development encourages safe movement for vehicles and pedestrians;
(d)
Existing or proposed utility services are adequate for the proposed development;
(e)
Appropriate buffering is provided to protect adjacent land uses from light, noise and visual impacts;
(f)
Architecture and building materials are consistent within the development and compatible with the adjacent neighborhood;
(g)
Landscaping is appropriate for the scale of the development;
(h)
The proposed development preserves designated historical features of the property;
(i)
The proposed development preserves architectural and environmental features of the property;
(j)
Operating and delivery hours are compatible with adjacent land uses;
(k)
The proposed uses are compatible with the neighborhood surrounding the proposed development and will not have a material net cumulative adverse impact on the neighborhood, or on the city as a whole; and
(l)
The proposed development complies with all other applicable codes and ordinances.
16.5.10 Conditions of planned unit development. The city council 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 planned unit development, 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 and other matters relating to the purposes and objectives of these regulations. Such conditions shall be expressly set forth in the ordinance authorizing the planned unit development. Violation of any such condition or limitation shall be a violation of these regulations and shall constitute grounds for revocation of the conditional use permit authorizing the planned unit development.
16.5.11 City council action on preliminary site development plan subject to certifications by director of public works. The ordinance of the city council approving the preliminary site development plan shall include a provision approving the final development plan, subject to certification by the director of public works that the final development plan is in substantial conformance with the preliminary site development plan approved by the city council.
16.5.12 Appeals. In the event the city council denies a preliminary application for a planned unit development, no new application for the same or similar use shall be accepted for a period of at least six (6) months from the date of denial by the city council. The decision to deny a preliminary application for a planned unit development shall be in writing with findings of fact. An appeal of the city council's decision may be presented to the circuit court having jurisdiction in St. Louis County. To do so, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality and asking for relief therefrom, shall be filed with the circuit court within thirty (30) days after the filing of the decision of the city council.
16.6.1 Certification of final site development plan compliance. Upon receipt from the applicant of an application for final site development plan certification, the director of public works shall review the application to determine if it is complete, including any modifications required in conjunction with such approval by the city council. Within seven (7) days of receipt of the completed application, the director of public works shall either (1) certify that the final development plan substantially complies with the approved preliminary development plan; or (2) refuse to certify the final site development plan for lack of compliance with the preliminary site development plan as finally approved by the city council.
16.6.2 Effect of certification of compliance. A final site development plan as approved and certified in accordance with the provisions of this article shall not be modified, except pursuant to section 16.2.
16.6.3 Effect of refusal of certification. If the director of public works, upon determining that the final site development plan does not substantially comply with the approved preliminary site development plan, refuses to certify the plan, he shall notify the applicant in writing of that decision, and identify the items of the approved preliminary site development plan with which the final site development plan does not comply. The applicant shall have fourteen (14) days following receipt of the director's notification to correct the deficiencies.
16.6.4 Appeal of director's refusal to certify compliance. Any party aggrieved by the decision of the director of public works not to certify a final site development plan, may appeal to the city council within thirty (30) days of the date of decision.
No planned unit development permit shall be valid for a period longer than one (1) year unless a building permit is issued and construction actually begins and is diligently pursued within that period. However, upon written request of the applicant, the one-year period may be extended by the city council, upon recommendation of the director of public works, without further hearing.
The ordinance approving a planned unit development shall contain a legal description of the property subject to the planned unit development. The ordinance along with the final site development plan, shall be recorded by the applicant in the Office of the St. Louis County Recorder of Deeds before any permits may be issued.
The approval of a proposed planned unit development by the city council 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.
Following final site development plan approval, the final site development plan, rather than any other provision of these regulations, shall constitute the use, parking, loading, sign, bulk, space and yard regulations applicable to the subject property. After approval of a final site development plan no other use shall be permitted within the planned unit development except temporary uses pursuant to the zoning district regulations for the planned unit development.
16.11.1 New application required for alterations and amendments. No alteration or amendment shall be made in the construction, development or use of the approved final development plan, without a new application under the provisions of these regulations. However, minor alterations to an approved final site development plan may be made subject to written approval of the city council and the date for completion of the development may be extended by the city council upon recommendation of the director of public works.
16.11.2 Minor adjustments. During build-out of the planned unit development, the director of public works may authorize minor adjustments to the approved final site 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 final site development plan between any one structure or group 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.
Such minor adjustments shall be consistent with the intent and purpose of these regulations and the final development plan as approved pursuant to this article. Such minor adjustments 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.
16.11.3 Major adjustments. Any adjustment to the approved final site development plan not authorized above shall be considered to be a major adjustment. The city council, following notice to all property owners whose properties are located within two hundred fifty (250) feet of the planned unit development, may, at a regularly scheduled meeting, approve an application for a major adjustment to the final site development plan not requiring a modification of written conditions of approval or recorded easements, upon finding that any changes in the plan as approved will be in substantial conformity of such final site development plan. If the city council determines that a major adjustment is not in substantial conformity with the final site development plan as approved, then the city council shall review the request and approve or disapprove the adjustment.
16.11.4 Fees. Fees for review of a planned unit development site development plan and fees for adjustments to a final site development plan shall be as set forth in the fee schedule (Article 31 of this appendix) as approved by the city council.