Planning and Zoning Commission Training

1. Planning and Zoning Commission Training 2010

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

3. Functions of the P&Z Commission Not Exactly…

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

6. Functions of the P&Z Commission But first…

7. Pre-Application Meeting • When: • Prior to submission of a formal application for inclusion upon a P&Z Commission agenda, for review of any site plan and/or subdivision plat City Code §§ 405.073, 410.100

8. Pre-Application Meeting • What: • Highlight ordinances & stipulations/access regulations • Address potential issues • Discuss potential solutions to technical, design & environmental review issues • Provide direction about process, i.e. submittal requirements, appropriate sequences of required plan review & processes • Assist in preparing plan which meets goals & objectives of Comprehensive Plan City Code §§ 405.073, 410.100

9. Pre-Application Meeting • Why? • Opportunity to consult informally with City • Decrease costs to developer • Eliminate inadequate design in early stages of the development process • Help developers… …Get It Right the First Time

10. Site Plan Review Review plans that have significant impact on: • Natural resources • Traffic patterns • Adjacent land uses • Character of future urban development City’s opportunity to evaluate effect of development on City as a whole • Impose conditions on development & use of property that can effect entire community

11. Authority—Dillon's Rule Non-Charter cities such as Wentzville (4th class) possess only the powers expressly granted or indispensable to accomplishing the expressed powers • Not even a chartercitycan contradict statute.City of Springfield v. Goff, 918 S.W.2d 786(Mo. 1996) (en banc)

12. Site Plan Review:Procedures • Application filed with City Planner • Reviews site plan & suggests revisions (“comments”) to applicant • Revised application submitted by Applicant • Administrative review involving all affected City staff • Results reported to Commission in “staff rec”

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

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

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

16. Site Plan Review:Procedures • Action of Commission: • Approve • Deny • Approve with Conditions • The “Action” and “reasoning” are forwarded to Board of Aldermen with Plan • Decision of Board • Approve • Deny SECTION 405.390: REVIEW PROCEDURES

17. Site Plan ReviewEffect of Approval/Denial • Approval • Applicant can receive building permits for buildings and structures in Site Plan • Denial • Applicant can resubmit Site Plan with changesin response to reasons for denial

18. Rezoning:Procedure • Application filed with City Planner • City gives newspaper notice and by mail to property owners within 300 ft. of property 15 days before hearing

19. Rezoning:Procedure • Upon Hearing, the P&Z Commission can either approve or deny an application • Commission Recommendation is forwarded to Board of Aldermen • Applicant has burden for justification for Rezoning

20. Rezoning:Board Action on Commission’s Recommendation • If Commission approves application: • Confirm approval with simple majority vote (no citizen protest). • If Commission denies application: • Affirmative vote of 3/4 of full Board to override Commission recommendation (0.75 x 6 = 4.5 = 5) • OR, Board can refer it back to P&Z for further review

21. Limitations • "Contract/Conditional" Zoning - process by which a property owner, in consideration of the re-zoning of his or her property, agrees to the imposition of certain conditions or restrictions not imposed on similarly zoned properties • "Spot" Zoning - the rezoning of a single parcel or a small area to benefit one or more property owners rather than carry out an objective of the comprehensive plan; an illegal practice in which a community approves a zoning change that benefits a private party, to the detriment of the public interest as a whole • Vested Rights/Non-Conforming Uses - a use that lawfully occupied a building or land at the time zoning became effective and that does not conform to the use regulations of the district in which it is located • Amortization- a tool used by communities to gradually phase out nonconforming land uses

22. Rezoning:Citizen Protest • 30% of property owners within proposed district or 30% of property owners within 185 feet of proposed district file protest • When Citizen Protest is made, Board can only confirm approval with 3/4 of full Board (0.75 x 6 = 4.5 = 5)

23. Rezoning:Varying the Application Commission can recommend that: • Only a portion of proposed development be rezoned, or… • Be zoned to different classification than that desired by applicant • Different classification must be of same or more (= or >) restrictive use type than what was requested.

24. Zoning Text Amendments • Amendment to generally applicable regulations contained within text of the Zoning Code • Not specific to any individual property, development, or zone • Initiated by Board, Mayor, Commission, or “any appointed or elected City official” • Procedures same as for Rezoning

25. Zoning Code: Points of Emphasis • Landscape and Screening • Plans required in R-3B, R-3C (Multi-Family Residential) and MHD (Mobile Home Development) • Specific approval by Commission

26. Zoning Code: Points of Emphasis • Heightened Scrutiny of Aesthetics • HF (Highway Frontage Overlay) & WP (Wentzville Parkway Overlay) • Sample of additional considerations in Commission’s Scope of Review of HF and WP Site Plans: • Exterior colors and materials • Relation to existing structures in vicinity • Landscaping & screen plantings • Size/spacing of windows, doors, & other openings • Recreational facilities & open space • Size, type, and location of signs, towers, chimneys, roof structures, flagpoles, antennas, etc. • Type & pitch of roofs • Additional signage information for WP

27. Zoning Code: Points of Emphasis • Parking • VC-2 and VC-3 (Village Corridor) • Commission has discretion to reduce parking requirements in VC-2 and VC-3 for: • Shared parking between different uses • Up to 25% reduction • Applicant installation of decorative landscaping and/or fencing around parking areas • Up to 15% reduction

28. Planned Development • Planned Development (PD) Zoning • Appropriate when tract or area of land warrants: • More flexibility, control, and density than allowed by general zoning regulations • Development of traditionally incompatible uses (in the Euclidian sense)

29. Planned Development • Objectives: • High quality environmental design • Diversification of uses within project • Functional & beneficial use of open space • Preservation of natural resources • Encourage “neighborhood concept” (non-residential mixed with residential) • Discourage commercial strip-development

30. Planned DevelopmentObjectives (cont.): • Creation of safe and desirable “living environment” of development as a whole • Rational, cost-effective development in relation to public services • Efficient and effective traffic circulation • Encourage pedestrian and non-motorized traffic • Commission & Board determine if objectives have been demonstrated by proposed PD development

31. Planned Development It’s a Balancing Act

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

33. Planned Development • But NO RELIEF if: • Inadequate or unsafe access • Excessive traffic volumes in and around proposed development • Undue burden on parks & recreation areas, schools, fire and police protection, and other public facilities/services • Detrimental environmental impact • Includes aesthetics

34. Planned Development • Density Bonus (PD-Residential) • Increase of Density in exchange for Parks/Open Space • Bonus granted by dedication of land (or cash equivalent) • 150% of allowed density of dedicated land (or cash) may be applied to rest of PD development

35. Planned Development:Procedure • Pre-Application Meeting • Sketch Plan: • Site Plan requirements • Preliminary Plat requirements • Building footprint, circulation & landscaping plans • Involves concurrent: • Site Plan review • Subdivision (Plat) review • Rezoning

36. Planned Development:Preliminary Development Plan • Preliminary Plat/Site Plan Combo • Submitted to City Planner for review • Staff findings submitted to Commission • Revised Plan forwarded to Commission

37. Planned Development:Preliminary Development Plan • Public Hearing before Commission • Hearing on the trifecta - PDP, Plat, & Rezoning • Commission Action • Recommendation, including conditions • Conditions contained in ordinance approving PD zoning • May include condition of Performance Guarantees

38. Planned Development:Preliminary Development Plan • Public hearing before Board (2nd hearing) • Board approval • Ordinance establishing PD zoning • Incorporates PDP and conditions • Final Development Plan approval still required • 3/4 vote of Board “required to overrule Commission recommendations”

39. Planned Development:Final Development Plan • Staff review for substantial compliance with PDP and conditions • Commission review & recommendation • Ensure compliance with PDP, conditions, and Record Plat requirements • Board approval • Final Development Plan and Final Plat

40. Conditional Uses • Uses that are “essentially desirable” but may create “unique” problems: • Traffic (vehicular and pedestrian) • Noise or pollution • Impact on surrounding property values • A use may be Permitted in one zone, while being Conditional in another

41. Conditional Uses

42. Conditional Uses

43. Conditional Uses

44. Conditional Uses

45. Conditional Uses

46. Conditional Use Permits:FACTORS for Applicant • Will the CUP? • Comply with underlying zoning regulations • Contribute to and promote public welfare or convenience • Not injure surrounding property values • Comply with parking & loading requirements • Have adequate drainage and utilities • Have adequate access/egress • Have adequate on-site vehicular/pedestrian circulation • Prevent development or use of neighboring properties • Related to location, size, intensity and nature of use, and exterior features of use; use should not “dominate” neighborhood

47. Conditional Use PermitsCommission findings for CUP: • Consistent with good planning practice • Not detrimental to surrounding permitted uses • Visually compatible with surrounding uses • Will not significantly increase traffic congestion & hazards • Will not increase fire hazards • Will not overtax public utilities • Will not injure property values or limit future development of surrounding areas • Comply with Comprehensive Plan or other applicable plans adopted by the City Reasoning & recommendation of Commission should be contained in a report to the Board.

48. Conditional Use Permits:What type of conditions? • Permitted Uses (maximum floor area) • Performance standards (noise, odor, etc.) • Height limitations • Minimum yard requirements • Parking and loading requirements • Sign regulations • Time limitations (hours of operation) • Architectural elevations of structures • Landscaping • Conditions may be more restrictive than underlying zoning • Conditions may also include Performance Guarantees to ensure improvements are completed

49. Conditional Use PermitsProtest of CUP Approval • Owners of 30% of land included in proposed change • 30% of owners of land within 185 ft. of proposed change • Three-fourths (¾) majority vote of Board required to approve protested CUP

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