[Ord. No. 3148 §1, 5-24-2006]
A.
The
purpose of the planned mixed use development (PMX) regulations is
to allow deviation from certain zoning performance standards for mixed
use developments in the Commercial "C" Zoning District under conditions
that allow for development of high quality residential and commercial
uses in locations where there are possible conflicts with adjoining
uses or with natural resources or other site conditions.
B.
Planned
mixed use development regulations provide the City with flexibility
in consideration of residential uses with commercial uses and enable
it to adjust development regulations to particular site conditions.
Planned mixed use developments may be developed only in accordance
with approved site plans and conditions enumerated in ordinances for
particular planned mixed developments.
C.
Unless
specifically provided herein, the regulations and performance standards
pertaining to the "C" District apply for all non-residential uses
in a planned mixed use development.
D.
Unless
specifically provided herein, the regulations and performance standards
pertaining to the "SE" District apply for all residential uses in
a planned mixed use development.
[Ord. No. 3148 §1, 5-24-2006]
A.
A
planned mixed use development "PMX" may be established on a tract
of land of a minimum seventy (70) acres, which is bounded on at least
one (1) side by a State highway with at least four (4) lanes and borders
at least one (1) intersection, which has commercially zoned property
on a majority of the quadrants, which tract is under single ownership
or management contract at the time of the application in the "C" Zoning
District, upon a finding by the Board that the particular planned
mixed use development 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 districts;
4.
Would be visually compatible with the uses or development character
of the adjacent area; and
5.
Would be desirable to promote the general welfare of the City, and
upon approval by the Board, in accordance with this Article.
[Ord. No. 3148 §1, 5-24-2006]
A.
A
planned mixed use development shall be deemed approved when:
1.
An application for the planned mixed use development is approved
by the Board of Aldermen after a report from the Planning and Zoning
Commission, and an ordinance setting forth the permitted uses, the
performance standards governing those uses, and other conditions of
development is enacted in accordance with this Chapter;
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 Planning Director
and recorded in the office of the St. Louis County Recorder of Deeds
in compliance with the Zoning Code and ordinance for the planned mixed
use development; 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 mixed use development
shall result in the rescission by operation of law of the ordinances
approving the development or the preliminary site development plan
for the development.
[Ord. No. 3148 §1, 5-24-2006]
A.
Permitted
land uses and developments for each planned mixed use development
shall be established in the conditions of the ordinance authorizing
and governing each planned mixed use development.
B.
Each
planned mixed use development shall include a minimum of twenty-nine
(29) acres reserved for non-commercial uses.
C.
"Non-commercial use" shall mean uses other than commercial
retail, office, day care center, medical office or clinic, restaurant,
gasoline service station, nursing home, hospital, churches or educational
uses.
E.
In
the calculation of minimum acreage under this Section, any access
drives, roads and streets shall be included.
[Ord. No. 3148 §1, 5-24-2006]
A.
An
approved planned mixed use development may include as permitted uses
the following non-residential uses:
1.
Public buildings and facilities which are owned or leased by the
City.
2.
Commercial retail. These uses include both retail
uses and personal services including brokers, banks (and other financial
institutions), barbershops, blueprint and photostat stores, private
indoor clubs, commercial or trade schools (e.g., dance studios, cooking
and sewing schools), computer and data processing, grocery stores
and supermarkets (excluding convenience stores), hairdressers, ice
cream stores, laundries and/or dry cleaners, light mechanical repair
stores (e.g., watch, camera, bicycle, TV), stores selling liquor,
beer or soft drinks, retail sales or stores, service businesses or
stores (e.g., catering, duplicating, photography, shoe repair, tailoring,
travel agency, upholstering), shopping centers, upholstery stores,
furniture stores and post offices.
3.
Major shopping center.
4.
Medical offices or clinics where the medical office or clinic has
direct outside access, provided that floor area for all medical offices
and/or clinics in the development shall total no more than ten percent
(10%) of non-residential floor area in the planned mixed use development.
5.
Restaurants, provided they meet the following standards:
[Ord. No. 3890 §1, 3-23-2015]
a.
All loading and unloading of food stuffs shall be via the building
loading and service entrance.
b.
All trash, debris and discarded food shall be contained in covered
receptacles in an enclosed trash pickup area.
c.
All other ordinances of the City of Town and Country shall be observed
and complied with in connection with the restaurant and failure to
do so shall be cause for revocation of any applicable City licenses
and/or permits.
d.
Applicable licenses and permits shall be non-transferable and non-assignable.
e.
The owner and/or operator of any restaurant shall provide the following
information to the City for review and approval by the Board of Aldermen
before an occupancy permit for the restaurant can be issued by the
City: name and address of owner and/or operator of the restaurant;
hours of operation; type of restaurant service; area of restaurant
interior; location and address of restaurant shown on a plan.
[Ord. No. 3148 §1, 5-24-2006]
A.
Non-Residential Conditional Uses. The following uses may be permitted as non-residential conditional uses in a planned mixed use development (PMX), if approved pursuant to the regulations of this Chapter concerning conditional uses and in accordance with the standards and procedures of Article VI (Sections 405.180 — 405.220) and Article VIII (Sections 405.310 — 405.350) of this Chapter.
[Ord. No. 3890 §1, 3-23-2015]
2.
Public utility facilities.
3.
Accessory uses, buildings and structures provided such is clearly customarily incidental and subordinate to and only in conjunction with the use specified in Sections 405.1220 hereof and already approved for the premises.
4.
Satellite earth stations equal to or greater than two (2) meters in diameter as provided in Section 405.225 of this Chapter.
5.
Theaters and auditoriums (indoor).
6.
Ground-mounted solar energy systems and roof-mounted solar energy
systems that are mounted either on the front of the roof or on the
side of the roof facing a street.
[Ord. No. 3759 §5, 8-26-2013]
7.
Drive-through restaurants.
B.
Residential Conditional Uses. The following uses may be permitted as residential conditional uses in a planned mixed use development (PMX), if approved pursuant to the regulations of this Chapter concerning conditional uses and in accordance with the standards and procedures of Article VI (Sections 405.180 — 405.220) and Article VIII (Sections 405.310 — 405.350) of this Chapter.
1.
Accessory uses, buildings and structures provided such are clearly customarily incidental and subordinate to and only in conjunction with the use specified in Section 405.1235 hereof and provided that the accessory uses, buildings and structures are defined in the conditions of the ordinance governing the residential development portion of the particular planned mixed use development.
2.
Ground-mounted solar energy systems and roof-mounted solar energy
systems that are mounted either on the front of the roof or on the
side of the roof facing a street.
[Ord. No. 3759 §6, 8-26-2013]
[Ord. No. 3148 §1, 5-24-2006]
A.
Authorization. Temporary uses are permitted only as expressly provided in this Section and shall comply with the requirements of Section 405.240.
B.
Permit Required. No temporary use shall be established unless an occupancy permit evidencing the compliance of such use with the applicable provisions of this Chapter shall have first been issued as provided in Section 405.240.
C.
Use Limitations. No signs in connection with a temporary use shall be permitted in accordance with the provisions of Chapter 420 of this Title.
D.
Particular Temporary Uses Permitted. The following temporary
uses are permitted subject to the regulations and standards set forth
below and further subject to the requirements specified in this Chapter.
[Ord. No. 3148 §1, 5-24-2006]
A.
An
approved planned mixed use development may include as permitted uses:
1.
Single-family detached residential uses conforming to the performance
standards of the Suburban Estate (SE), Suburban Low (SL) or Suburban
Medium (SM) Zoning Districts.
2.
Alternative residential uses including, but not limited to, attached
single-family residences, duplexes, villas and the like.
a.
An applicant may propose alternative single-family residential uses
which deviate from one (1) or more of the performance standards in
the Suburban Estate (SE), Suburban Low (SL) or Suburban Medium (SM)
Zoning Districts. Such alternative residential uses shall be deemed
permitted uses for that planned mixed use 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; and
(2)
Would be consistent with good general planning practice and
with good site planning; and
(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; and
(4)
Would be visually compatible with the uses or development character
of the adjacent area; and
(5)
Would be desirable to promote the general welfare of the City,
and the proposed planned mixed development community is reviewed and
approved in accordance with this Article.
b.
Density of housing units in alternative residential use in an area
of a planned mixed use development designated for residential use
shall not exceed six (6) units per gross acre of use so designated.
Areas identified as special natural resource areas, such as post oak
savannahs, may be included in residential acreage for purposes of
determining residential density, where the developer files a plan
acceptable to the City guaranteeing restoration and continued maintenance
of the natural resource area.
c.
Architectural review and compliance. No building
permit shall be issued for any housing unit or units in alternative
residential use in an area of a planned mixed use development designated
for residential use until architectural compliance has been approved
by the Board of Aldermen, consistent with the standards and procedures
of Section 405.260(5) of the Zoning Code, including, without limitation,
such matters as the numbers of buildings, the number of units per
building and the configuration and placement of the buildings on the
site.
d.
An elevator is required in every building that contains residential
units which are entered above the first (1st) floor.
[Ord. No. 3148 §1, 5-24-2006]
In the ordinance authorizing the planned mixed use development, the Board of Aldermen may approve deviations from performance standards for particular uses within that development pursuant to the criteria set forth in Section 405.1205, unless provided otherwise herein.
[Ord. No. 3148 §1, 5-24-2006]
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. 3148 §1, 5-24-2006]
A.
Type
D bufferyards shall be required around the perimeter of the residential
development portion of the site. A landscape screen already in place
consisting of different plants than the Type D bufferyard may be substituted
for the Type D bufferyard.
B.
Only
one (1) Type D bufferyard is required between the commercial and the
residential development portions of the site.
C.
The
developer shall provide detailed landscaping plans prior to approval
of its site development plan for any phase of the development.
[Ord. No. 3148 §1, 5-24-2006]
A.
The
minimum green space requirements for PMX developments set forth below
include permanent open space and any green space requirement which
may be imposed in the ordinance for a particular planned mixed use
development and shall not be varied in such ordinances except as set
forth in Subsections (2) and (3) below.
1.
Green space minimum for planned mixed use developments. A minimum of fifty percent (50%) of the gross buildable site area
of each planned mixed use development shall be devoted to green space.
2.
Allowance in required green space for particular features
in PMX developments. Where the developer of a planned mixed
use development proposes to preserve, restore and maintain areas of
special natural resources located on the development site, the approved
ordinance shall provide an allowance in the above minimum green space
requirement up to thirty percent (30%) multiplied by the acreage of
the particular feature to be preserved, restored and maintained.
3.
For the purposes of this Article, green space shall include parcels
owned and maintained by the applicant that are used for access to
the development; portions of the original site dedicated for road
right-of-way; and medians of adjacent rights-of-way that are maintained
as planted, permeable surface by the developer.
[Ord. No. 3148 §1, 5-24-2006]
A.
The
floor area limitations set forth below shall not be varied in the
ordinance for a particular planned mixed use development.
1.
Maximum floor area non-residential uses. The maximum
floor area for all non-residential uses in any planned mixed use development
shall be three hundred twenty-one thousand (321,000) square feet.
[Ord. No. 3890 §1, 3-23-2015]
2.
Maximum floor area for residential uses. The maximum
floor area for residential uses in any planned mixed use development
shall be four hundred thousand (400,000) square feet.
[Ord. No. 3890 §1, 3-23-2015]
[Ord. No. 3148 §1, 5-24-2006]
No setbacks shall be required between contiguous non-residential
lots in a planned mixed use development.
[Ord. No. 3148 §1, 5-24-2006]
A.
All
parking spaces shall be located behind the perimeter setback lines
of a planned mixed use development.
B.
Parking
on the non-residential portion of the site may be permitted up to
twenty (20) feet from any interior street or main entrance drive.
C.
All
uses shall provide parking spaces as indicated below:
[Ord. No. 3148 §1, 5-24-2006]
Notwithstanding any other provision of the Municipal Code, lighting
fixtures in the non-residential portion of a planned mixed use development
may be mounted at a height no greater than thirty (30) feet above
grade.
[Ord. No. 3148 §1, 5-24-2006]
A.
Generally. An application for a particular planned mixed
use development shall be made by filing an application with the Director,
specifying the site for which development is proposed and accompanied
by the following:
1.
Filing fee per requirements;
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 mixed use development must be accompanied by a preliminary site development plan complying in all respects with Section 405.260.
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. 3148 §1, 5-24-2006]
A.
Findings.
1.
The Commission's recommendations shall be based upon whether the
planned mixed use development proposed:
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;
and
b.
Would be consistent with good general planning practice and with
good site planning; and
c.
Could be constructed and operated in a manner that is not detrimental
to adjoining uses or the permitted uses of the zoning district; and
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 of the City.
2.
The Commission shall also consider the architectural, landscaping
and other relationships which may exist between the proposed planned
mixed use 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 Mixed Use Development. If the Commission recommends approval of a preliminary site development
plan for a planned mixed use 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 mixed
use development.
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. 3148 §1, 5-24-2006]
A.
Upon
receipt of the recommendations of the Commission, the Board of Aldermen,
utilizing the same standards imposed upon the Commission in these
planned mixed use development community regulations, may take any
of the following actions:
1.
Approve the planned mixed use development as recommended and pass
an ordinance containing the conditions as stated in the recommendations
of the Commission;
2.
Approve the planned mixed use 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. 3148 §1, 5-24-2006]
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 planned mixed
use 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 planned mixed
use 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 planned mixed
use development, the developer shall record the final site development
plan and the ordinance for that planned mixed development 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. 3148 §1, 5-24-2006]
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 twelve (12) 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. 3148 §1, 5-24-2006]
Failure to submit a final site development plan or to commence
substantial construction for a planned mixed use development within
the time prescribed herein or as extended by the Board shall terminate
approval of that planned mixed use development, and ordinances approving
a preliminary site development plan for that planned mixed use 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. 3148 §1, 5-24-2006]
A.
Interlocutory Appeals From The Planning And Zoning Commission. At any time during review of an application for a planned mixed
use development 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 for consideration. 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 mixed use development 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. 3148 §1, 5-24-2006]
A.
In
order to amend any provisions of an ordinance for an existing planned
mixed use development, the following procedures shall be followed:
1.
To amend the ordinance for a particular planned mixed use 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 PMX 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 mixed use 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, which is the 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
site development plan together with a processing cost deposit which
the Board shall prescribe to the Commission for review and recommendation.
The Commission shall then evaluate the request for consistency in
purpose and content with the nature of the proposal as originally
advertised for public hearing and approved by the Board.
b.
If the Commission determines that the proposed amendment to the plan
is not significant, the Commission shall, within ninety (90) days
after receipt of said proposed amendment(s), submit a recommendation
to the Board for approval and/or modification. Within thirty (30)
days of receipt of the Commission recommendation, the Board shall
accept or reject said recommendation and approve or disapprove said
attachment(s) in accordance with the procedures set forth above. If
approved, the amended plan shall be recorded with the Recorder of
Deeds within thirty (30) days of approval.
c.
If the Commission determines that the proposed amendment to the plan
is significant, the Commission shall hold a new public hearing on
the matter in accordance with the procedure specified above prior
to submitting its recommendations to the Board for action in accordance
with the procedures set forth above. If approved, the amended plan
shall be recorded with the Recorder of Deeds within thirty (30) days
of approval.
[Ord. No. 3148 §1, 5-24-2006]
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
mixed use development, or that the common areas may also be used by
residents outside the planned mixed use development. If residents
outside of the planned mixed use 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 mixed use 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 mixed development community;
b.
All rules and regulations promulgated pursuant to the indenture with
respect to residents of the planned mixed use 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 mixed use development use
shall be applied equally to the non-residents.
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 a planned mixed use development containing attached units, the
indenture shall contain provisions for maintenance of common walls.
