[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14000), 11-13-1989]
A.
The
purpose of the planned residential community (PRC) regulations is
to allow deviation from certain zoning performance standards for residential
developments in the Suburban Low "SL" and Suburban Medium "SM" Residential
Zoning Districts under conditions that allow for development of high
quality residential uses in locations where there are possible conflicts
with adjoining uses or with natural resources or other site conditions.
However, under no circumstances shall the standards for a development
relating to density, permanent open space or green space per gross
buildable site area be relaxed.
B.
Planned
residential community regulations provide the City with flexibility
in consideration of residential uses and enable it to adjust development
regulations to particular site conditions. Planned residential communities
may be developed only in accordance with approved site plans and conditions
enumerated in ordinances for particular planned residential community
developments.
C.
A planned
residential community should attempt to incorporate the following
design criteria:
[Ord. No. 4393, 11-9-2020[1]]
1.
Incorporate landscaped buffers from main roads and adjacent residential
uses.
2.
Include shared common ground.
3.
Offer front/side side entry garage access and avoid the use of open
parking and carports.
4.
Use high-quality architectural features such as high-pitched roofs.
natural exterior materials and avoid the use of non-natural materials
such as vinyl or plastic components, synthetic or faux stone and brick
and other imitation materials.
5.
Use less-restrictive lot sizes with large greenspaces.
6.
Connect to a trail system. if feasible.
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection (C) as Subsection (D).
D.
Unless
specifically provided herein, the regulations pertaining to the "SL"
and "SM" Districts apply.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14001), 11-13-1989]
A.
A planned
residential community "PRC" may be established on a tract of land
undivided by a street, which tract is under single ownership or management
contract in the "SL" or "SM" Zoning Districts upon a finding by the
Board that the particular planned residential community proposed:
1.
Would provide for use of the site in a manner compatible with natural
resources or other site conditions, or with adjoining uses or conditions;
2.
Would be consistent with good general planning practice and with
good site planning;
3.
Could be constructed and maintained in a manner that is not detrimental
to adjoining uses or the permitted uses of the zoning district, particularly
residential uses;
4.
Would be visually compatible with the uses or development character
of the adjacent area; and
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14005), 11-13-1989]
A.
A planned
residential community shall be deemed approved when:
1.
An application for the planned residential community is approved by the Board of Aldermen after a report from the Planning and Zoning Commission, and an ordinance setting forth the permitted uses, permitted incidental uses, the performance standards governing those uses, and other conditions of development, is enacted in accordance with Sections 405.800 through 405.815.
2.
A preliminary site development plan is approved by the Board of Aldermen
after a report from the Planning and Zoning Commission;
3.
A final site development plan is approved by the Board of Aldermen
and recorded in the office of the St. Louis County Recorder of Deeds
in compliance with the Zoning Code and ordinance for the planned residential
community; and
4.
All other applicable provisions of the Municipal Code are satisfied,
including those pertaining to subdivision approval set forth in the
subdivision regulations, if subdivision is required.
B.
Failure
to comply with the time limits set forth herein, or as extended by
the Board, for presentation of a final site development plan or for
commencement of construction in accordance with the requirements of
this Zoning Code and the ordinance for the planned residential community
shall result in the rescission by operation of law of the ordinances
approving the PRC development or the preliminary site development
plan for the development.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14020), 11-13-1989]
A.
Generally. Any single-family detached dwelling conforming
to the performance standards in the Suburban Low or the Suburban Medium
Zoning Districts, whichever are applicable.
B.
Alternative Residential Uses. An applicant may propose alternative
single-family residential uses which deviate from one (1) or more
of the performance standards in the Suburban Low "SL" or Suburban
Medium "SM" Zoning Districts. Such alternative residential uses shall
be deemed permitted uses for that planned residential community development,
if after review by the Planning and Zoning Commission, the Board of
Aldermen finds that the development of such alternative residential
uses:
1.
Would provide for use of the site in a manner compatible with natural
resources or other site conditions, or with adjoining uses or conditions;
2.
Would be consistent with good general planning practice and with
good site planning;
3.
Could be constructed and maintained in a manner that is not detrimental
to adjoining uses or the permitted uses of the zoning district, particularly
residential uses;
4.
Would be visually compatible with the uses or development character
of the adjacent area; and
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14025), 11-13-1989]
In addition to and only when dependent on, incidental to, or
affiliated with one (1) or more permitted uses set forth in the ordinance
for the particular planned residential community, other uses which
are defined in the conditions of that ordinance, and which are designated
as permitted, accessory or conditional uses for any residential zoning
district in the Zoning Code, are permitted incidental uses in a planned
residential community development.
[Ord. No. 2447 §10, 3-28-2000]
A.
Satellite earth stations less than one (1) meter in diameter (one (1) per dwelling unit) shall be a permitted incidental use in any Planned Residential Community. More than one (1) satellite earth station less than one (1) meter in diameter per dwelling unit, or satellite earth stations equal to or greater than one (1) meter in diameter, shall be a conditional use as provided in Section 405.225 of this Chapter.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14030), 11-13-1989]
In the ordinance authorizing the planned residential community, the Board of Aldermen may approve deviations from performance standards for particular uses within that development pursuant to the criteria set forth in Section 405.805(A), unless provided otherwise herein.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14062), 11-13-1989]
A.
After review by and a report from the Planning and Zoning Commission, the Board of Aldermen may approve a fence, wall and/or gate proposed by the applicant that would otherwise be prohibited by Section 405.150 herein, upon finding that such a fence, wall and/or gate:
1.
Would adequately provide for access by police, fire, and emergency
vehicles;
2.
Would buffer the site from a highway or adjoining office, commercial,
or other residential uses;
3.
Would be visually compatible with the development character of the
site and the adjacent area; and
4.
Would not be detrimental to any adjoining uses, particularly residential
uses.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14140), 11-13-1989]
At least thirty percent (30%) of each planned residential community shall be devoted to permanent open space. Permanent open space is also to be considered green space in determining compliance with green space requirements. The permanent open space shall be landscaped with at least eight (8) plant units per acre of open space that is not already classified as a woodland resource. All land required to be protected by Section 405.335 of this Chapter shall be preserved as permanent open space in a planned residential community. This permanent open space requirement shall not be varied in the ordinances for a particular PRC development.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14145), 11-13-1989]
A.
The
minimum green space requirements for PRC developments set forth below
include permanent open space and any green space per lot requirement
which may be imposed in the ordinance for a particular planned residential
community, and shall not be varied in such ordinances except as set
forth in Subsection (3) below.
1.
Green space for developments in the "SL" District. A minimum of seventy-five percent (75%) of the gross buildable site
area of each planned residential community development in the "SL"
District shall be devoted to green space.
2.
Green space for developments in the "SM" District. A minimum of seventy percent (70%) of the gross buildable site area
of each planned residential community development in the "SM" District
shall be devoted to green space.
3.
Reduction in required green space for particular "PRC" developments. Where a portion of the gross buildable site area of particular PRC
development is devoted to common recreational areas, or other unusual
circumstances exist on the site or are proposed for the development,
the Planning and Zoning Commission may recommend, and the Board in
its discretion may approve, a reduction in the above minimum green
space requirement to no lower than sixty-five percent (65%) if that
development is in the "SL" District and sixty percent (60%) if that
development is in the "SM" District.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14150), 11-13-1989]
A.
The
density limitations set forth below shall not be varied in the ordinance
for a particular PRC development.
1.
Maximum density for PRC developments in the "SL" District. The maximum density for planned residential community developments
in the "SL" District shall be one (1) unit per acre.
2.
Maximum density for PRC developments in the "SM" District. The maximum density for planned residential community developments
in the "SM" District shall be two (2) units per acre.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14200), 11-13-1989]
A.
Generally. An application for a particular planned residential
community development shall be made by filing a verified application
with the Director, specifying the site for which development is proposed,
and accompanied by the following:
1.
Filing fee per requirements as established by the Board;
2.
A preliminary site development plan which shall depict, either on the plan or on a separate sheet accompanying the plan, all information required for site plan review under Section 405.260 of this Chapter, and, if subdivision is necessary, all information required on a preliminary plat pursuant to Section 410.150 of Chapter 410, Subdivision Regulations, unless otherwise provided herein.
B.
Public Hearing And Further Procedure. After filing, the application shall be treated in all respects as a request for a change in zoning pursuant to Section 405.290 of this Chapter, and unless provided otherwise herein shall be reviewed by the Planning and Zoning Commission and the Board accordingly.
C.
Preliminary Site Development Plan.
2.
An application for a planned residential community development must be accompanied by a preliminary site development plan complying in all respects with Section 405.260, except for the following items, which are not required unless specifically requested by the Commission or Board.
a.
Section 405.260(1)(a)(1)(k) (exterior sign design);
b.
Section 405.260(1)(a)(1)(l) (exterior lighting location, height,
and intensity);
c.
Section 405.260(1)(a)(1)(o)(ii) (type and size of all trees and shrubs
used in landscaping);
d.
Section 405.260(1)(a)(3)(a)(vi) (location and dimensions of existing
and proposed curb cuts);
e.
Section 405.260(1)(a)(3)(d) (landscaping plan illustrating all proposed
deciduous and evergreen trees, ground cover and other landscaping
elements);
f.
Section 405.260(1)(h) (color photograph and/or rendering of proposed
building(s) and elevation views).
3.
A preliminary site development plan shall be reviewed by the Commission in accordance with Section 405.260. At any time, the Commission may require the developer to submit a revised preliminary site development plan reflecting any or all of the conditions that the Planning and Zoning Commission may recommend to the Board. Such a revised preliminary site development plan must be presented within six (6) months of the date the request is made by the Commission, or the application shall be deemed withdrawn. This six (6) month period may be extended by the Commission.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14300), 11-13-1989]
A.
Findings.
1.
The Commission's recommendations shall be based upon whether the
planned residential community proposed for development:
a.
Would provide for use of the site in a manner compatible with natural
resources or other site conditions, or with adjoining uses or conditions;
b.
Would be consistent with good general planning practice and with
good site planning;
c.
Could be constructed and operated in a manner that is not detrimental
to adjoining uses or the permitted uses of the zoning district, particularly
residential uses;
d.
Would be visually compatible with the uses or development character
of the adjacent area; and
e.
Would be desirable to promote the general welfare the City.
2.
The Commission shall also consider the architectural, landscaping
and other relationships which may exist between the proposed planned
residential community development and the character of the surrounding
neighborhood and shall prescribe and require such physical treatment
or other limitations which will secure or enhance the neighborhood
character.
B.
Recommendations For Approval Of A Planned Residential Community. If the Commission recommends approval of a preliminary site development
plan for a planned residential community development, its report to
the Board shall include, at a minimum, recommendations for regulations
and/or conditions to be included in the ordinance for that planned
residential community development. In particular, the report shall
include recommendations for the following:
1.
Permitted uses (including specifications for the mix of single-family
dwelling types, and the maximum number of attached units).
2.
Permitted incidental uses, if any.
3.
Site access.
4.
Site design and layout.
5.
Performance standards, including any design deviations to be allowed
for particular uses.
6.
Minimum lot width.
7.
Minimum setbacks from streets, internal drives, structures, and site
perimeter.
8.
Front, side, and rear yards.
9.
Building spacing.
10.
Minimum green space for each lot.
11.
Maximum floor area percentage for each lot.
12.
Landscaping.
13.
Signs.
14.
Development, improvement and maintenance of common ground.
15.
Maintenance of permanent open space.
16.
Stormwater detention and control.
17.
Fire, health or other public safety considerations.
18.
Location of structures on the property relative to natural resources
and conditions on the site, and buildings, roads, highways, and features
on adjoining property.
19.
Design of permanent open space (to provide maximum recreational benefit
of the open space and to provide a landscape design that maintains
the suburban character of the City).
20.
Location of permanent open space (to preserve the most critical or
important features and natural resources).
21.
Minimum side or rear wall requirements for patio and atrium homes
may be reduced where those walls separate the unit from common open
space.
22.
Bufferyards.
C.
Recommendations To Be Forwarded To The Board. The recommendation, along with the preliminary site development plan and conditions where approval has been recommended, shall be forwarded to the Board for its consideration and further action in accordance with Section 405.290.
D.
Changes In Preliminary Site Development Plan After Hearing. When approval has been recommended by the Planning and Zoning Commission
subject to conditions, and the conditions would cause substantial
change in the preliminary site development plan presented at the public
hearing, the Commission may in its discretion withhold forwarding
its recommendations to the Board pending receipt of a revised preliminary
site development plan from the developer reflecting compliance with
the conditions. The developer shall submit such a revised preliminary
site development plan within forty-five (45) days, unless the Commission
has granted an extension of time or the developer has submitted an
interlocutory appeal to the Board as provided herein. If the developer
fails to submit such a revised preliminary site development plan within
the prescribed time, or within such time as extended by the Commission,
the Commission shall forward its recommendations to the Board.
E.
Preliminary Site Development Plan As Preliminary Plat. An
approved preliminary site development plan may be accepted as an approved
preliminary plat for purposes of subdivision.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14400), 11-13-1989]
A.
Upon
receipt of the recommendations of the Commission, the Board, utilizing
the same standards imposed upon the Commission in these planned residential
community regulations, may take any of the following actions:
1.
Approve the planned residential community development as recommended
and pass an ordinance containing the conditions as stated in the recommendations
of the Commission;
2.
Approve the planned residential community development based upon
a modification of the conditions as stated in the recommendations
of the Commission and pass an ordinance containing the modified conditions;
3.
Disapprove the plan; or
4.
Deny the application.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14500), 11-13-1989]
A.
Time For Submission Of Final Site Development Plan And Final Plat.
1.
Twelve (12) months to submit final site development plan
and final plat. Within twelve (12) months of the date of
the ordinance approving a preliminary site development plan for a
particular PRC development, a final site development plan reflecting
compliance with the conditions contained in that ordinance shall be
submitted to the Director. If subdivision is required, a final plat
of the subdivision shall be filed concurrently with the final site
development plan.
2.
Extensions of time. Upon application and for good
cause shown, the Board may extend the time for filing the final site
development plan and, if required, the final plat.
B.
Review By The Director. The final site development plan
shall be reviewed by the Director or his/her designee to determine
whether it complies with the ordinances authorizing the PRC development.
Upon finding compliance, the Director shall note that finding and
the date thereof upon the final site development plan.
C.
Recording. Upon finding by the Director that the final site
development plan complies with the ordinance for the PRC development,
the developer shall record the final site development plan and the
ordinance for that planned residential community with the Recorder
of Deeds within sixty (60) days of the date that finding is noted
on the final site development plan.
D.
Building Permits. No building permit shall be issued by
the Director unless a finding of compliance is made and until the
developer shall have recorded the final site development plan within
the time prescribed herein, or as extended by the Board.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14525), 11-13-1989]
A.
Surety Required. Construction shall not commence until a
surety is posted for the benefit of the City to guarantee installation
and maintenance of improvements, in accordance with the subdivision
regulations.
B.
Substantial Construction. As used in this Section, "substantial construction" shall mean final grading for
roadways necessary for the first (1st) approved plat or phase of construction
and commencement of installation of sanitary and storm sewers.
C.
Time For Commencement Of Substantial Construction. Substantial
construction shall commence within six (6) months of recording of
the final site development plan. Upon application and for good cause
shown, the Board may extend the time to commence substantial construction.
D.
Phasing Of Construction. The Director shall review the schedule
or phasing of construction. Failure to proceed with construction may
result in cancellation of building permits.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14550), 11-13-1989]
Failure to submit a final site development plan or to commence
substantial construction for a PRC development within the time prescribed
herein or as extended by the Board shall terminate approval of that
PRC development, and ordinances approving a preliminary site development
plan for that PRC development shall be deemed rescinded by operation
of law. Within sixty (60) days of the rescission by operation of law
of such ordinances, the Director shall notify the City Clerk, who
shall note such rescission by operation of law in the minutes of the
next regular meeting of the Board.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14600), 11-13-1989]
A.
Interlocutory Appeals From The Planning And Zoning Commission. At any time during review of an application for a planned residential
community by the Planning and Zoning Commission, the developer may
appeal to the Board of Aldermen from any requirement or condition
imposed by, or other action of the Planning and Zoning Commission
within ten (10) days of such requirement, condition or action. The
appeal shall be placed on the agenda of the next regular meeting of
the Board of Aldermen. The Board shall make the final determination
of the matter. While such an appeal is pending before the Board, and
until the next regular meeting of the Commission after the Board's
decision on the matter, all proceedings relating to the application
for the planned residential community before the Commission shall
be stayed, and time for action set forth herein shall not run.
B.
Appeals From The Director. The developer may appeal to the
Board from any finding or decision by the Director in his/her review
of a development plan, within ten (10) days of such finding or decision.
The Board shall make the final determination of the matter.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14700), 11-13-1989]
A.
In
order to amend any provisions of an ordinance for an existing planned
residential community development, the following procedures shall
be followed:
1.
To amend the ordinance for a particular planned residential community
development:
a.
The property owner or authorized representative shall submit to the
Director a written request to amend particular conditions in the ordinance
for that PRC development. The Director shall then evaluate the request
for consistency in purpose and content with the nature of the proposal
as originally advertised for public hearing.
b.
If the Director determines that the requested amendment is consistent
in purpose and content with the original proposal as advertised, the
Director shall so report to the Planning and Zoning Commission. The
Commission shall review the request and the report of the Director,
and then forward a recommendation to the Board. A recommendation of
approval shall include conditions to be included in the amended ordinance
for that particular planned residential community development.
c.
If the Director determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing the Director shall so report to the applicant and the Commission. The Commission shall then review the proposed ordinance amendment and forward a recommendation to the Board. If the Commission deems it necessary it shall request that the Board hold a new public hearing on the matter in accordance with proceedings specified in Section 405.290, procedure for amending the Zoning Code.
2.
To amend the final site development plan:
a.
The property owner or authorized representative shall submit an amended
final site development plan to the Director for review. The Director
shall then evaluate the request for consistency in purpose and content
with the nature of the proposal as originally advertised for public
hearing and the preliminary site development plan approved by the
Board.
b.
If the Director determines that the proposed amendment to the final
site development plan is not in conflict with the original proposal
as advertised and the approved preliminary site development plan,
and meets all the conditions of the ordinance for that planned residential
community development, said plan shall be reviewed and, in its discretion,
approved by the Planning and Zoning Commission. Said amended plan,
if approved by the Planning and Zoning Commission, shall be recorded
with the Recorder of Deeds within sixty (60) days of Commission approval.
c.
If the Director determines that the proposed amendment to the final site development plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, with the preliminary site development plan approved by the Board on the ordinance for that planned residential community development, the Director shall so report to the applicant and the Commission. The Commission shall then review the proposed final site development plan amendment and make the final determination. If the Commission finds the proposed amendment is not consistent in purpose and content with the nature of the proposal as originally advertised, with the preliminary site development plan, or with the ordinance for that planned residential community development, it shall hold a new public hearing on the matter in accordance with proceedings specified in Section 405.290, procedure for amending the Zoning Code.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14900), 11-13-1989]
A.
In
developments where common areas, which may include open spaces, recreational
areas, or other common grounds are provided, a trust indenture shall
be recorded simultaneously with the record plat. The indenture shall
provide for the proper and continuous maintenance and supervision
of said common areas by trustees to be selected and to act in accordance
with the terms of such indenture and the common areas shall be deeded
to the trustees under said indenture by general warranty deed. The
trust indenture and warranty deed shall comply with the requirements
established in the subdivision regulations. In addition, the trust
indenture shall contain the following provisions:
1.
Common areas, including open space, recreational areas, and other
common ground, shall be for the sole benefit, use, and enjoyment of
the lot or unit owners, present and future, of the entire planned
residential community development, or that the common areas may also
be used by residents outside the planned residential community development.
If residents outside of the planned residential community development
are permitted to use the common areas, the indenture shall contain
provisions which shall provide, in essence, the following:
a.
No resident of the planned residential community development shall
be denied the use of the common areas, including open space, recreational
facilities or other common ground, for any reason related to the extension
of such privilege to non-residents of the planned residential community;
b.
All rules and regulations promulgated pursuant to the indenture with
respect to residents of the planned residential community development
shall be applied equally to the residents;
c.
All rules and regulations promulgated pursuant to the indenture with
respect to non-residents of the planned residential community development
shall be applied equally to the non-residents;
d.
Any time after the recording of the indenture, a majority of the
residents of the planned residential community development, by election
duly called, may elect to allow or disallow usage of the open space,
recreational facilities or other common areas by non-residents of
the planned residential community development.
2.
The indenture shall contain provisions for the maintenance of all
common areas and facilities and the means of collecting assessments
necessary for the maintenance thereof.
3.
In planned residential community developments containing attached
units, the indenture shall contain provisions for maintenance of common
walls.
