[Ord. No. 4085 § 1, 5-8-2017]
An Overlay District is a "transparent" zoning district that
lies over an existing zoning district and is used to implement additional
development standards or place restrictions beyond those required
by the existing or base zoning district. The Overlay District generally
outlines uniform standards within the established boundary to ensure
a higher quality of development.
[Ord. No. 4085 § 1, 5-8-2017]
The purpose of creating an Overlay District (OD) is to set and
coordinate special development standards to a specific area that has
unique value to the City and its residents, such as a business district
or transportation corridor, and that are designed to provide a distinctive
character and atmosphere to the designated area. Overlay Districts
are appropriate instruments to implement the long-term goals and objectives
of the adopted Comprehensive Plan and are primarily intended to be
used when special circumstances justify the modification of base or
existing zoning district regulations to achieve those specific design
objectives that do not coincide with base zoning districts.
[Ord. No. 4085 § 1, 5-8-2017]
A.
Overlay Districts shall be established through the rezoning process as outlined in Section 405.290 and only in conjunction with existing, base zoning districts.
B.
An Overlay District may cover parts of several zoning districts or
only a portion of an existing or base zoning district.
C.
The existing or base zoning district shall maintain standard permitted
land uses and development regulations. The Overlay District may further
restrict development standards and/or land uses suitable to the purpose
and protection of the Overlay District.
1.
Development standards that may be regulated in an Overlay District
are: lot size, building height and area, architectural design and
materials, accessory buildings and structures, landscaping and buffer
yards, parking, lighting, signage, development review procedures or
any other restrictions that meet the Overlay District's purpose.
2.
Land uses shall be specifically delineated for each application.
D.
When an Overlay District is established, any subsequent application
to change the existing or base zoning district shall not be construed
to be an application to eliminate the Overlay District for the property
covered by the application. Any intent to eliminate the Overlay District
on a given property shall be expressly stated to be part of the application.
E.
In cases where there is a conflict between the requirements of the
Overlay District and the underlying existing or base zoning district,
the Overlay District restrictions shall apply.
F.
When an applicant seeks to vary from the requirements of an Overlay
District, they shall apply to the Board of Adjustment for a variance
just as they would if they were varying from the requirements of the
base or existing zoning district.
[Ord. No. 4085 § 1, 5-8-2017]
Overlay Districts are adopted in the same manner as any other
zoning amendment. When an Overlay District and its associated regulations
are adopted, the zoning map shall be amended to establish the boundaries
for the Overlay District.
[Ord. No. 4085 § 1, 5-8-2017]
These Sections have been left reserved for future Overlay District
Regulations.
[Ord. No. 4085 § 1, 5-8-2017]
A Planned Development Zoning District is a zoning district that
provides for one (1) or more properties to be developed under a plan
that provides for better coordinated development that incorporates
development standards crafted to respond to site conditions.
[Ord. No. 4085 § 1, 5-8-2017; Ord.
No. 4393, 11-9-2020]
A.
The purpose of a planned development (PD) district is to permit flexibility
and encourage a more creative and efficient development of a tract
of land not possible with an existing zoning district, while maintaining
maximum control by the City over both the structure and future operation
of the development.
B.
The use of a planned development district is not intended to allow
significant reductions in conventional zoning regulations, or the
development of incompatible land uses, within the development or as
the development relates to the surrounding neighborhood.
C.
The City may, upon proper application, approve a planned development
district in order to achieve the following objectives for the benefit
of the public:
1.
Facilitate the implementation of the recommendations of the
adopted Comprehensive Plan, where applicable.
2.
Preserve and enhance the natural resources, such as grand trees,
open space, woodlands, in the development of the property that is
of a higher quality than is possible under the regulations otherwise
applicable to the property.
3.
Promote a creative approach to the use of land and related physical
facilities resulting in quality design and development, including
aesthetic and public amenities, such as enhanced public parks and
trails, below-grade parking facilities, and architectural/historically
significant building preservation.
4.
Promote a combination and coordination of architectural styles,
building forms and building relationships within a single development
project and, if necessary, covering different phases.
5.
Provide economic development benefits and not overtax public
services.
6.
Encourage efficient and effective vehicular and pedestrian circulation,
both within and adjacent to the development site.
7.
Provide public benefits that could not be derived from a development
that strictly adheres to the underlying zoning district.
[Ord. No. 4393, 11-9-2020[1]]
A.
There shall be two (2) types of planned development districts. Each district shall be subject to the specific restrictions and limitations outlined in this Section. These districts are the Planned Non-Residential District (PNRD) and the Planned Senior Living District (PSLD). A planned development that is primarily residential shall adhere to the regulations established by Article XIV, Planned Residential Community (PRC) Regulations.
B.
Planned Non-Residential Development (PNRD). A PNRD allows for flexibility from certain zoning performance standards under conditions that allow for development of a combination of non-residential uses and, under specific circumstances, residential uses, in a manner that promotes the objectives of Section 405.1705(C).
1.
Requirements And Restrictions. The following requirements and
restrictions shall apply to all PNRD applications:
a.
Location. A PNRD shall be located exclusively on a property
designated as Commercial, Office, Campus Office, or Planned Office
Park Zoning.
b.
Permitted Uses And Specific Prohibitions. A PNRD shall be limited
to non-residential uses such as general retail, office, personal services,
medical, and institutional uses. A PNRD shall include more than one
(1) non-residential use. Senior living uses, such as a skilled-nursing
facility, residential-care facility, assisted-living facility and
independent living (continuum-of-care facility), shall only be eligible
for a Planned Senior Living Development (PSLD) and not a PNRD.
c.
Residential Exception. The Board of Aldermen may approve owner-occupied
residential in combination with complementary non-residential uses
within a PNRD if planned development is located on property that meets
each and every of the following conditions:
d.
Performance Standards. Consistent with the PNRD regulations, the Board of Aldermen may approve deviations from performance standards for particular uses within that development in order to achieve the objectives set forth in Section 405.1705(C), unless provided otherwise herein.
e.
Permanent Open Space And Natural Resources. All land required to be protected by Section 405.335 of this Chapter shall be preserved as permanent open space, and this permanent open space requirement shall not be varied in the ordinances for a particular PNRD development.
f.
Greenspace. A minimum of fifty percent (50%) of the gross buildable
site area of each PNRD shall be devoted to green space.
g.
Single-Family Residential Adjacency. Where adjoining property
is zoned single-family residential, the following performance standards
shall apply:
C.
Planned Senior Living Development (PSLD). A PSLD allows for flexibility
from certain zoning performance standards under conditions that allow
for development of high-quality senior living uses in locations where
they would be complementary with adjoining uses and allow for a better
site design and preservation of natural resources and open space.
1.
Requirements And Restrictions. The following requirements and
restrictions shall apply to all PSLD applications:
a.
Location. A PSLD shall be located exclusively on a property
designated as Office, Campus Office, or Planned Office Park Zoning.
b.
Permitted Uses. A PSLD shall be limited to senior-living uses,
such as a skilled-nursing facility, residential-care facility, assisted-living
facility and independent living. Independent living shall be permitted
only in association with a continuum-of-care facility that also includes
skilled nursing and/or assisted living. These permitted uses are only
eligible for a Planned Senior Living Development (PSLD) and not a
PNRD.
c.
Performance Standards. Consistent with the PSLD regulations, the Board of Aldermen may approve deviations from performance standards for particular uses within that development in order to achieve the objectives set forth in Section 405.1705(C), unless provided otherwise herein.
d.
Permanent Open Space And Natural Resources. All land required to be protected by Section 405.335 of this Chapter shall be preserved as permanent open space, and this permanent open space requirement shall not be varied in the ordinances for a particular PNRD development.
e.
Greenspace. A minimum of fifty percent (50%) of the gross buildable
site area of each PSLD shall be devoted to green space.
f.
Single-Family Residential Adjacency. Where adjoining property
is zoned single-family residential, the following performance standards
shall apply:
[1]
Editor's Note: This ordinance repealed former Section 405.1710, Land Uses; Section 410.1715, Lot Area And Yard Requirements; Section 405.1720, Minimum Landscaping And Bufferyard Standards; Section 405.1725, Off-Street Parking And Loading Requirements; Section 405.1730, Height Limitations For Structures; and Section 405.1735, Sign Regulations, all adopted or amended by Ord. No. 4085 § 1, 5-8-2017. This ordinance also provided for the renumbering of former Sections 405.1740 through 405.1797 as Sections 405.1715 through 405.1755, respectively.
[Ord. No. 4085 § 1, 5-8-2017]
A.
Generally. An application for a particular Planned Development District
shall be made by filing a verified application with the City Administrator
or their designee, specifying the site for which development is proposed,
and accompanied by the following:
[Ord. No. 4393, 11-9-2020]
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 of Aldermen accordingly.
C.
Preliminary Site Development Plan.
2.
An application for a Planned Development District 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 of Aldermen. 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 vote of the Commission.
[Ord. No. 4085 § 1, 5-8-2017]
A.
Recommendations As Required For A Planned Development District.
[Ord. No. 4393, 11-9-2020]
1.
The Planning and Zoning Commission shall recommend to the Board
of Alderman either approval, approval with conditions, or denial of
a zoning application for a planned development district as well as
a separate recommendation for the associated preliminary site development
plan application.
2.
The recommendation of the zoning application shall primarily be based on the satisfaction of Section 405.1705(C). A vote on findings shall only be required with the recommendation of the zoning application and not the preliminary site development plan application.
3.
Findings. The Commission's recommendation of the application
for rezoning shall be based upon whether the planned development proposed:
a.
Would facilitate the implementation of the recommendations of
the adopted Comprehensive Plan, where applicable.
b.
Would preserve and enhance the natural resources, such as grand
trees, open space, woodlands, in the development of the property that
is of a higher quality than is possible under the regulations otherwise
applicable to the property.
c.
Would promote a creative approach to the use of land and related
physical facilities resulting in quality design and development, including
aesthetic and public amenities.
d.
Would promote a combination and coordination of architectural
styles, building forms and building relationships within a single
development project and, if necessary, covering different phases.
e.
Would provide economic development benefits and not overtax
public services.
f.
Would encourage efficient and effective vehicular and pedestrian
circulation, both within and adjacent to the development site.
g.
Would provide public benefits that could not be derived from
a development that strictly adheres to the underlying zoning district.
h.
Could be constructed and operated in a manner that is not detrimental
to adjoining uses or the permitted uses of the zoning district.
B.
Recommendations For Approval Of A Planned Development. If the Commission
recommends approval of a preliminary site development plan for a planned
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 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.
Preliminary Site Development Plan As Preliminary Plat.[1] An approved preliminary site development plan may be accepted
as an approved preliminary plat for purposes of subdivision.
[1]
Editor's Note: Former Subsection (D), Changes In Preliminary
Site Development Plan After Hearing, was repealed by Ord. No. 4393,
11-9-2020. This ordinance also provided for the redesignation of former
Subsection (E) as Subsection (D).
[Ord. No. 4085 § 1, 5-8-2017]
A.
Upon receipt of the recommendations of the Commission, the Board
of Aldermen, using the same standards imposed upon the Commission
in these planned development regulations, may take any of the following
actions:
[Ord. No. 4393, 11-9-2020]
1.
Approve the planned development as recommended and pass an ordinance
containing the conditions as stated in the recommendations of the
Commission;
2.
Approve the planned 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. 4085 § 1, 5-8-2017]
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
Development District, 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 of Aldermen 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 PD 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 PD development, the developer
shall record the final site development plan and the ordinance for
that planned development 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. 4085 § 1, 5-8-2017]
A.
Surety Required. Construction shall not commence until a bond or
surety in a form approved by the City Attorney 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 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. 4085 § 1, 5-8-2017]
Failure to submit a final site development plan or to commence
substantial construction for a planned development within the time
prescribed herein or as extended by the Board shall terminate approval
of that planned development, and ordinances approving a preliminary
site development plan for that planned 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 of Aldermen.
[Ord. No. 4085 § 1, 5-8-2017]
A.
Interlocutory Appeals From The Planning And Zoning Commission. At
any time during review of an application for a planned 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 the imposition of such requirement, condition or action. The
appeal shall be heard at 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
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
of Aldermen 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. 4085 § 1, 5-8-2017]
A.
In order to amend any provisions of an ordinance for an existing
planned development, the following procedures shall be followed:
1.
To amend the ordinance for a particular planned 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 planned 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 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 Planning and Zoning 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 requirements 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 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 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 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. 4085 § 1, 5-8-2017]
A.
In planned 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
development, or that the common areas may also be used by residents
outside the planned development. If residents outside of the planned
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 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 development;
b.
All rules and regulations promulgated pursuant to the indenture
with respect to residents of the planned 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 development shall be
applied equally to the non-residents;
2.
Any time after the recording of the indenture, a majority of
the residents of the planned 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 development,
unless otherwise restricted in the ordinance approving the planned
development.
[Ord. No. 4393, 11-9-2020]
3.
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.
4.
In planned developments containing attached units, the indenture
shall contain provisions for maintenance of common walls.
[Ord. No. 4107, 8-14-2017]
A.
Zoning Change. Section 405.1800, Adopted Planned Development Districts of the City of Town and Country Municipal Code, is hereby added by the approval of the application to rezone 33.427 acres known as Mason Pointe from its current Nursing Home, Assisted Living, Continuum of Care Facility (NHALCCF) District to Planned Development One (PD-1) District for nursing home, assisted living and continuum of care uses. Property is generally located south of South Outer Forty and 550 feet west of South Mason Road, in the City of Town and Country. Subject property is more fully described on Exhibit "A" (Metes and Bounds), Exhibit "B" (Location Map), and Exhibit "C" (Preliminary Site Development Plan), of the approving ordinance. All such exhibits are held on file in the City's offices.
B.
Conditions Of Approval. This planned development shall be subject
to the following conditions listed within this Section as approved
by the Board of Aldermen, based on recommendation of the Planning
and Zoning Commission.
1.
Land Uses.
a.
Permitted Uses. Nursing Homes, Assisted Living and Continuum
of Care Facilities and associated support services consisting of a
total of fifteen (15) beds per acre. For the purposes of this Section
one (1) independent living unit is equal to one (1) bed.
b.
State Of Missouri License Requirements. All skilled nursing
and residential care beds shall be licensed by the State of Missouri.
2.
Site Design.
a.
Maximum Floor Area. Five hundred thousand (500,000) square feet
in all buildings with connectors.
b.
Building Heights. Two (2) story buildings shall not exceed a
height of forty-five (45) feet and three (3) story buildings shall
not exceed a height of fifty-five (55) feet when measured from the
highest point of the building to the lowest point where the finished
grade meets the buildings. Basement areas that are used only for parking,
storage or mechanical equipment where only the parking entrance and
exit, or loading dock, is exposed to exterior view shall not be considered
a story and not included in the height calculation.
c.
Minimum Setbacks.
(1)
The setback from South Forty Drive is thirty (30)
feet.
(2)
The setback for circulation drives, parking and
buildings from the rear development property line is one hundred eighty
(180) feet.
(3)
The setback for circulation drives, parking and
buildings from the west property line is one hundred (100) feet.
d.
Signs. All signs shall conform to the submitted unified sign
package dated July 31, 2018 and all amendments adopted by the Board
of Aldermen hereafter.
[Ord. No. 4232, 9-24-2018]
e.
Lighting. All street and parking lot lighting are to be a maximum
of twelve (12) feet high from grade, with downlight-type fixture.
A photometric plan submitted to and approved by the City shall show
light levels at south, east, and west property lines to be at zero
(0) foot-candles.
f.
Fences. No fences will be permitted in the development except:
(1)
Fences to be shown on all plans and to be approved
by the City. Fences for resident security and safety and along South
Forty Drive and for controlled courtyards.
(2)
Temporary tree protection fences.
(3)
Temporary siltation fences.
(4)
Safety barricades throughout the construction phase
of the project.
(5)
Fences required by City Code or regulations.
(6)
Solid fences to screen and/or enclose trash disposal
areas, loading docks, mechanical equipment, generators and similar
uses and structures.
g.
Entrance Gates. Electric operated entrance gates controlling
vehicular access shall not be required at each of the three (3) entrances.
If provided, the following shall apply:
(1)
The gate mechanism permits immediate access to
emergency vehicles.
(2)
The gates controlling vehicular access to the facility
are located no closer than twenty-five (25) feet from the pavement
of the adjacent right-of-way so that waiting vehicles do not impede
traffic flow.
(3)
The applicant files an agreement as approved by
the City Attorney, to indemnify, defend and hold the City harmless
from any claims of liability resulting from the placement of any gate
controlling vehicular access.
3.
Site Access And Parking.
a.
Site Access. Access to the development shall be via three (3)
entrance drives from South Outer Forth Drive as shown on the PSDP.
(1)
The entrance geometrics and drainage design shall
be in accordance with Missouri Department of Transportation (MoDOT)
standards and shall be reviewed and approved by MoDOT.
(2)
The petitioner shall provide adequate detention
to reduce the flowrate of stormwater discharge, to the extent practicable,
into the MoDOT right-of-way.
(3)
Wherever practicable, all drainage detention storage
facilities shall be placed at least fifteen (15) feet from the new
or existing right-of-way line.
b.
Off Street Parking And Loading Requirement. A minimum of four
hundred (400) surface parking spaces shall be provided. No parking
shall be allowed on the perimeter loop drive identified on the amended
PSDP.
c.
Underground Parking. Underground parking spaces will be provided
as shown on the amended PSDP.
d.
Temporary Parking. The developer shall be responsible to provide
temporary gravel parking for construction employees. Parking on grass
or earth surfaces shall be prohibited.
e.
Emergency Vehicles. Emergency vehicles shall be requested to
turn their sirens off before entering the development.
4.
Landscaping And Stormwater.
a.
Landscape Requirements. Landscaping, including buffer yards
complying with City requirements, shall be installed as shown on the
PSDP.
b.
Green Space. Green space shall be a minimum of sixty percent
(60%).
c.
Berm. A berm shall be used in place as shown on the PSDP.
d.
Erosion Control. Erosion control meeting City Code requirements
shall be installed.
e.
Natural Resource Preservation. Natural resources (Woodlands)
are to be preserved, as shown on the PSDP.
f.
Storm Water Detention. The above ground and below ground detention
facilities shall be designed and constructed in accordance with the
requirements of the Metropolitan St. Louis Sewer District and the
City of Town and Country.
g.
Culvert Under The Berm. The storm sewer culvert running under
the berm between Mason Woods Subdivision and the development shall
remain in place.
5.
Building Design.
a.
Roofs. The overall appearance of the roofs on the development
shall be of a residential character. Except where otherwise designated
on the Preliminary Site Development Plan, the roofs shall have a slope
typical of a residential roof.
b.
Roof Mounted Cupolas, Skylights Or Clerestories. No direct lighting
is to be installed in the cupolas or in the clerestories. The tops
of all roof mounted cupolas, skylights or clerestories shall not exceed
the height limitations of this Section. Any roof mounted cupolas,
skylights or clerestories shall either be screened from view by the
adjoining residential properties or emit no higher than one (1) foot-candle
of light measured at the exterior surface of the glass. Any cupola,
skylight or clerestory proposed over the main entrance commons area
shall have the long axis and the south face screened in such a way
as to shield the glass from view by adjoining residential properties.
In the discretion of the City, additional screening may be required
should light emission from the skylights or clerestory windows exceed
the maximum foot-candle level or cause objections from the adjoining
neighborhoods.
c.
Heating And Air Conditioning Equipment. Ground level cooling
towers shall be located on the opposite side of any building from
adjoining residential property. There shall be no window or individual
air conditioning units facing adjoining residential property.
6.
Process And Construction.
a.
Final Site Development Plan Minimum Requirements.
(1)
A Final Site Development Plan (FSDP) for the subject
property shall be presented to the City within twelve (12) months
of approving this Section. Such FSDP shall reflect all conditions
and restrictions imposed by the Board of Aldermen.
(2)
Before City certification of the FSDP, the applicant
shall by bond, escrow, or other instrument approved by the City, guarantee
installation of all required landscaping, in accordance with the landscape
plan for the development approved as part of the FSDP.
(3)
Landscape materials shall be maintained in accordance
with the landscape plan as a condition of approval of the FSDP. All
required plant materials shall be replaced as necessary.
b.
Start Of Construction. Construction shall commence on Phase
2 (Independent Living) within two (2) years from the date of the passage
of this Section. Phase 1 per Ordinance No. 2392 has already been constructed.
7.
Subject To All Applicable Regulations.
a.
That in all other respects, the use of the tract or tracts of
land herein described shall be subject to all the applicable regulations
contained in said City of Town and Country Municipal Code.
8.
Accordance With The Comprehensive Plan.
a.
That the Comprehensive Plan is hereby amended to the extent
that the zoning regulations and district as herein established have
been made in accordance with the Comprehensive Plan for the purpose
of promoting health, safety, morals and the general welfare of the
community. That the regulations and district have been made with reasonable
consideration, among other things, of the character of the district,
and its peculiar suitability for the particular uses and with a view
of conserving the value of buildings and encouraging the most appropriate
use of land throughout the community.
[Ord. No. 4111, 8-14-2017]
A.
Zoning Change. Section 405.1801, Adopted Planned Development Districts of the City of Town and Country Municipal Code, is hereby added by the approval of the application to rezone 8.811 acres known as Town Square from its current Suburban Estate (SE) and Commercial (C) Zoning Districts to Planned Development Two (PD-2) District for retail, office and public uses. Property is generally located south of Clayton Road and 550 feet east of South Mason Road, in the City of Town and Country. Subject property is more fully described on the attached Exhibit "A" (Metes and Bounds), attached Exhibit "B" (Location Map), and Exhibit "C" (Preliminary Site Development Plan), in accordance with Chapter 405 as amended.
B.
Conditions Of Approval. This planned development shall be subject
to the following conditions listed within this Section as approved
by the Board of Aldermen, based on recommendation of the Planning
and Zoning Commission.
1.
Preliminary Site Plan. When the term "Preliminary Site Development
Plan" or "PSDP" is utilized in this PD-2 District (Town Square) it
shall mean the "Preliminary Site Development Plan" dated 6/2/2017
and revised 2017-06-16 per Board of Aldermen direction on 6/12/2017
as prepared by Stock & Associates Consulting Engineers, which
is approved herewith.
2.
Land Uses.
a.
Permitted Uses. The following uses are permitted in the PD-2
District (Town Square):
(1)
Alcoholic Beverage Sales.
(2)
Bakery, Retail.
(3)
Catering Services.
(4)
Clothing and Clothing Accessories Store.
(5)
Copy/Business Center.
(6)
Dry Cleaning Establishment.
(7)
Financial Institution.
(8)
Fitness Center.
(9)
Flagpoles.
(10)
Grocery Store, Specialized.
(11)
Home and Office Furnishings Store.
(12)
Learning Center.
(13)
Leisure Activities Store.
(14)
Nursery, Retail.
(15)
Office, Business and Professional.
(16)
Office/Clinic, Medical.
(17)
Personal Care, Retail.
(18)
Personal Care, Services.
(19)
Pet Supply and Accessories Store.
(20)
Public Building.
(21)
Public Park.
(22)
Repair Services Establishment.
(23)
Restaurant, Traditional.
(24)
Restaurant, Specialty.
c.
Temporary Uses.
(1)
Authorization. Temporary uses are permitted only as expressly provided in this Section and shall comply with the requirements of Section 405.240, Occupancy Permit Regulations.
(2)
Permit Required. No temporary use shall be established unless an occupancy permit evidencing the compliance of such use with the applicable provisions of this Section shall have first been issued, as provided in Section 405.240.
(3)
Use Limitations. No signs in connection with temporary
uses shall be permitted except in accordance with an adopted unified
sign plan.
d.
ALCOHOLIC BEVERAGE SALES
BAKERY, RETAIL
CATERING SERVICES
CLOTHING AND CLOTHING ACCESSORIES STORE
COMMERCIAL RECREATION, INDOOR
CONSTRUCTION EQUIPMENT SHED
CONTRACTOR'S OFFICE
COPY/BUSINESS CENTER
DRY CLEANING ESTABLISHMENT
ELECTRONICS AND APPLIANCE STORE
FINANCIAL INSTITUTION
FITNESS CENTER
FLAGPOLE
GROCERY STORE, SPECIALIZED
HARDWARE STORE
HOME AND OFFICE FURNISHINGS STORE
LEARNING CENTER
LEISURE ACTIVITIES STORE
NURSERY, RETAIL
OFFICE, BUSINESS AND PROFESSIONAL
OFFICE/CLINIC, MEDICAL
PERSONAL CARE SERVICES
PERSONAL CARE, RETAIL
PET SUPPLY AND ACCESSORIES STORE
PUBLIC BUILDING
PUBLIC INTEREST EVENT
PUBLIC PARK
REPAIR SERVICES ESTABLISHMENT
RESTAURANT, SPECIALTY
RESTAURANT, TRADITIONAL
Definitions. These following definitions shall apply to this
Section:
The retail sale of beer, wine, or other alcoholic beverages
for off-premise consumption. Complementary tasting events are permitted
if incidental to the primary use.
An establishment primarily engaged in the retail sale of
baked products for consumption on- or off-site. The products may be
prepared either on- or off-site.
An establishment that serves and supplies food to be consumed
off premises.
A store whose principal business is the sale of clothing
apparel or associated clothing accessories, such as jewelry, shoes,
hats, leather goods and luggage.
An establishment providing enclosed recreation activities.
Accessory uses may include the preparation and serving of food, the
sale of equipment related to the enclosed uses and up to four hundred
(400) square feet of outdoor recreational activities. This definition
does not include Theatres, Auditoriums, or Pool Halls.
A temporary building or structure housing equipment or construction
materials during the period of construction.
A temporary building, trailer or structure utilized as office
space by construction staff during the period of construction.
A retail establishment that provides duplicating services
using photocopying, blueprint, scanner (PDF) and offset printing equipment
and may include the collating and binding of booklets and reports
as well as other business services such as fax, email, computers,
packaging, shipping and mailing and the incidental retail sale of
stationery products and office supplies.
An establishment or business maintained for the pickup and
delivery of dry cleaning and/or laundry.
A store whose principal business is the sale of electronics
and appliance merchandise, such as household-type appliances and equipment,
cameras, computers, televisions, radios, cell phones, wireless devices
and computer software.
An establishment wherein the primary occupation is concerned
with such Federal or State-regulated businesses as banking, savings
and loans, loan companies, credit unions and investment and brokerage
companies. Services also include business and personal financial advisement
excepting pay day loan services. This definition does not include
drive-thru as an accessory use with the financial institution.
A facility where members or non-members use equipment or
space for the purpose of physical exercise with or without instruction.
A freestanding structure or a structure attached to a building
or to the roof of a building used for the sole purpose of displaying
flags.
An establishment selling a limited range of food and grocery
items, including, coffees/teas, candies, confectionaries, spices and
herbs, meats, seafood, fruits and vegetables, and incidental non-food
items.
A store whose principal business is the sale of hardware
items such as tools, builders' hardware, paint and paint-related supplies.
A store whose principal business is the sale of home and
office furnishings; which may include floor and wall coverings, window
treatments and interior decorating services.
A business that provides one (1) on one (1) or small group
instruction in a non-traditional school setting which may be supplementary
to public or private schooling. This shall include tutoring establishments,
music instruction, dance instruction, art instruction, martial arts
instruction, or similar uses.
A store whose principal business is the sale of goods and
providing expertise related to specific leisure activities. Typical
uses include Sporting Goods Stores, Hobby/Craft Stores, Musical Instrument
Stores, Book Stores, Stationery Stores, Gift Stores, Antique Stores,
Art/Framing Stores and Toy Stores.
The retail handling of any article, substance, or commodity
related to the planting, maintenance, or harvesting of garden plants,
shrubs, trees, packaged fertilizers, soils, chemicals, or other nursery
goods and related products in small quantities to the consumer. This
definition includes Florist Shops and Lawn and Garden Stores.
An office for the use of a person or persons generally classified
as professionals, such as architects, engineers, attorneys, accountants,
travel agents, real estate brokers and similar professions. This definition
does not include medical professions.
An establishment where human patients who are not lodged
overnight are admitted for examination and treatment by one (1) or
more physicians, dentists, other healthcare professionals, or similar
professions.
An establishment providing personal care related services,
including, barbershops, hairdressers, tailors, salons, spas, nail
care, massage and tanning. These uses may also include accessory retail
sales of products related to the services provided. This definition
does not include tattoo parlors, fortune tellers, psychics and similar
services.
An establishment whose principle business is the sale of
personal care merchandise or products. Typical uses include pharmacies,
cosmetics or beauty supply stores, optical goods stores and food supplement
stores.
A retail sales establishment primarily involved in the sale
of products for domestic animals, such as dogs, cats, fish, birds,
and reptiles, but excluding the grooming or sale of any live animals.
Any building or structure, owned or leased, by the City of
Town and Country, Missouri, for public or quasi-public purposes.
An event or series of events scheduled in observance of a
State, Federal, or religious holiday, or conducting organized activities
for a historical, cultural, civic or a special theme held for a limited
period of time and where such events or activities are not being held
solely for profit.
A public area of land, with or without buildings, intended
for outdoor active and passive recreation.
An establishment primarily engaged in the provision of repair
services to individuals and households, rather than businesses, but
excluding automotive and equipment repair use types. Typical uses
include small appliance repair shops, shoe repair, watch or jewelry
repair shops, repair of musical instruments or bicycle repair.
Establishments whose primary business is the sale of a single
specialty type of food or beverage that is not considered a complete
meal (e.g., candy, coffee, bagels, donuts, yogurt or ice cream). The
sale of other food, beverages, or merchandise is incidental to the
sale of the specialty food or beverage. Outside Dining is permitted
with this use and shall be in conformance with the standards set forth
in the Zoning Code.
A restaurant principally oriented to the service of food
and beverages for consumption on the premises, and any carry-out incidental
to that principal use. Outside Dining is permitted with this use and
shall be in conformance with the standards set forth in the Zoning
Code.
3.
Setbacks.
a.
The following building setbacks shall be established for the
subject site as it is defined as Parcel 1 in Exhibit A — Metes
and Bounds:
|
1.
|
North (Clayton Road):
|
25 feet
|
|
2.
|
East:
|
75 feet
|
|
3.
|
South:
|
75 feet
|
|
4.
|
West:
|
75 feet
|
b.
Setbacks for future subdivision shall be governed by condition
of the Record Plat for said subdivision.
4.
Landscaping.
a.
Landscaping and bufferyards shall be installed as shown on the
approved Preliminary Site Development Plan.
b.
Landscape materials shall be maintained in accordance with the
landscape plan included in the Preliminary Site Development Plan.
All plant materials shall be replaced as deemed necessary.
c.
Existing trees on-site shall be catalogued in a tree study performed
by a City-approved urban forester or arborist. Trees designated to
be saved shall be protected for the duration of construction.
d.
A minimum of sixty percent (60%) greenspace shall be provided
on-site.
6.
Parking And Lighting.
a.
Parking shall be equal to that required in the Commercial Zoning
Code, but shall not exceed one hundred thirty-five (135) total spaces.
b.
Cart corrals, bike racks or other structures shall not occupy
any dedicated parking stalls.
c.
Any lighting placed on-site shall be downcast and shielded and
of a uniform design in locations as specified on the approved Development
Plan, except by special permit.
7.
Signage.
a.
All signage shall conform to the sign regulations specified in Section 420.150, Commercial District unless specifically stated as a condition of approval herein.
b.
Any directional signage shall be of a uniform design.
c.
Building signage shall be designed to be integrated into the
design of the building and submitted with elevations as a part of
an Architectural Review application.
8.
Infrastructure/Design Standards.
a.
The Town Square Development and its related infrastructure shall
be developed as specified in the Preliminary Site Development Plan.
b.
The commercial building shall be limited to a maximum of twelve
thousand (12,000) square feet in size.
c.
The Architectural Review Board and Board of Aldermen shall review
and approve the architecture of all structures prior to issuance of
a building permit.
9.
Miscellaneous.
a.
Should there be any discrepancy between this Section and the
approved Preliminary Site Development Plan, the most restrictive of
the two (2) shall apply.
10.
Subject To All Applicable Code Regulations.
a.
In all other respects, the use of the tract or tracts of land
herein described shall be subject to all the applicable regulations
contained in said City of Town and Country Municipal Code.
11.
The Comprehensive Plan.
a.
The Comprehensive Plan is hereby amended to the extent that
the zoning regulations and the district as herein established have
been made in accordance with the Comprehensive Plan for the purpose
of promoting health, safety, morals and the general welfare of the
community. The regulations and district have been made with reasonable
consideration, among other things, of the character of the district,
and its peculiar suitability for the particular uses and with a view
of conserving the value of buildings and encouraging the most appropriate
use of land throughout the community.
[Ord. No. 4212, 8-13-2018]
A.
Zoning Change. Section 405.1803, Adopted Planned Development Districts of the City of Town and Country Municipal Code, is hereby added by the application to rezone 11.588 acres known as Destiny Church from its current Estate (E) District to Planned Development-Three (PD-3) District for church and elementary school uses. Property is generally located adjacent to Des Peres Road Out and 900 feet north of Hickory Woods Drive in the City of Town and Country. Subject property is more fully described on Exhibit "A" (Metes and Bounds), Exhibit "B" (Location Map), and Exhibit "C" (Preliminary Site Development Plan) of the approving Ordinance.
B.
Conditions
of Approval. This planned development shall be subject to the following
conditions listed within this Section as approved by the Board of
Aldermen, based on recommendation of the Planning and Zoning Commission.
1.
General Regulation.
a.
Unless otherwise specified in the Conditions of Approval herein or the approved PSDP, the regulations of Section 405.445, Non-Residential Performance Standards, shall apply.
b.
Off-site buffer landscaping consistent with the plan dated June 20,
2018, for 12660 Post Oak Road and accepted by the owner of the subject
property shall be installed prior to the approval of the Final Site
Development Plan.
3.
Site Design.
a.
Maximum Floor Area. Eighty-five thousand (85,000) square feet.
b.
Maximum Building Coverage. Forty-six thousand (46,000) square feet.
c.
Maximum Building Height. Forty (40) feet.
d.
Minimum Setbacks. Minimum setbacks shall be established as shown
on the PSDP.
e.
Signs. All signs shall conform to the approved Unified Sign Plan
and any future amendments thereto.
f.
Lighting. All street and parking lot lights shall conform to Section 405.157, Exterior Lighting Regulations, of the City of Town and Country.
g.
Fences. A four (4) foot high ornamental aluminum fence shall be installed around the designated playground area as shown on the PSDP. Otherwise, all fencing shall conform to Section 405.150, Fence Regulations of the City of Town and Country Municipal Code unless specifically stated as a condition of approval herein.
h.
Entrance Gates. Electric operated entrance gates controlling vehicular
access shall not be required at each of the two (2) entrances and
the internal drive to St. Austin School. If provided, the following
shall apply:
(1)
The gate mechanism permits immediate access to emergency vehicles.
(2)
The gates controlling vehicular access to the facility are located
no closer than forty (40) feet from the pavement of the adjacent right-of-way
so that waiting vehicles do not impede traffic flow.
(3)
The applicant shall file an agreement as approved by the City
Attorney, to indemnify, defend and hold the City harmless from any
claims of liability resulting from the placement of any gate controlling
vehicular access.
4.
Site Access And Parking.
a.
Site Access. Access to the subject property shall be via two (2)
entrance drives from Des Peres Road as shown on the PSDP.
(1)
The entrance geometrics and drainage design shall be in accordance
with Missouri Department of Transportation (MoDOT) standards and shall
be reviewed and approved by MoDOT.
(2)
The petitioner shall provide adequate detention to reduce the
flowrate of stormwater discharge, to the extent practicable, into
the MoDOT right-of-way.
(3)
Wherever practicable, all drainage detention storage facilities
shall be placed at least fifteen (15) feet from the new or existing
right-of-way line.
b.
Off Street Parking And Loading Requirement. A minimum of two hundred
ninety-eight (298) surface parking spaces shall be provided as shown
on the PSDP. The uses located within this Planned Development District
shall execute a shared parking agreement.
c.
Temporary Parking. The developer shall be responsible to provide
temporary gravel parking for construction employees. Parking on grass
or earth surfaces shall be prohibited.
5.
Landscaping And Stormwater.
a.
Landscape Requirements. Landscaping, including buffer yards complying
with City requirements, shall be installed as shown on the PSDP.
b.
Minimum Green Space. The minimum greenspace shall be 59.3%.
c.
Erosion Control. Erosion control meeting City Code requirements shall
be installed.
d.
Natural Resource Preservation. Natural resources are to be preserved,
as shown on the PSDP. Young Woodlands, Mature Woodlands and Drainageways
which are to remain shall be maintained in current locations as indicated
on the PSDP and shall remain fully and completely undisturbed without
prior appropriate permit from the City of Town and Country which shall
require amendment of the PSDP and in the event that such actions occur,
the owner shall be required to replant the disturbed areas and place
with the City of Town and Country an escrow which insures their maintenance
until maturation.
e.
Storm Water Detention. Any detention facilities shall be designed
and constructed in accordance with the requirements of the Metropolitan
St. Louis Sewer District and the City of Town and Country.
6.
Building Design.
a.
Architecture. The Architectural Review Board and Board of Aldermen
shall review and approve the architecture of all structures prior
to issuance of a building permit.
b.
Heating And Air Conditioning Equipment. Heating and air equipment
shall be located on the rooftop and screened as required by the adopted
Zoning Code. There shall be no window or individual air conditioning
units facing adjoining residential property.
7.
Process And Construction.
a.
Final Site Development Plan Minimum Requirements.
(1)
A Final Site Development Plan (FSDP) for the subject property
shall be presented to the City within twelve (12) months of the ordinance
approving the PSDP. Such FSDP shall reflect all conditions and restrictions
imposed by the Board of Aldermen.
(2)
Before City certification of the FSDP, the applicant shall by
bond, escrow, or other instrument approved by the City, guarantee
installation of all required landscaping, in accordance with the landscape
plan for the development approved as part of the FSDP.
(3)
Landscape materials shall be maintained in accordance with the
landscape plan as a condition of approval of the FSDP. All required
plant materials shall be replaced as necessary.
b.
Start of Construction. Construction shall commence within five (5)
years from the date of the passage of the Ordinance approving the
PSDP.
[Ord. No. 4085 § 1, 5-8-2017]
These Sections have been left reserved for future Planned Development
District Regulations.
