(1)

[General.] The purpose of the planned single-family dwelling development (PSD) is to permit greater flexibility in the development of residential areas.

(2)

Application. That tracts of land, upon request of a property owner or owners or the board of aldermen, may be zoned subject to the provisions contained herein.

(3)

[Fee.] Before any action shall be taken as provided in this article, the party or parties seeking approval for a PSD shall pay a fee of $500.00. If a request for a PSD is submitted in conjunction with a subdivision petition, only the fee required by this section or the fee required because of the subdivision, whichever fee is larger, shall apply. Under no circumstances or condition shall the fee or any portion be refunded for failure of the board of aldermen to approve, in whole or in part, the PSD.

(Ord. No. 1609, § 1, 11-8-82; Ord. No. 2201, § 1, 8-26-91; Ord. No. 2669, § 1, 2-23-98)

The regulations contained in this article are supplemented and qualified by additional general regulations appearing elsewhere in this ordinance which are incorporated as part of this article by reference.

(Ord. No. 1609, § 2, 11-8-82; Ord. No. 2201, § 1, 8-26-91)

[The following uses are permitted in the mixed use development district:]

(1)

Single-family detached dwellings or single-family attached dwelling provided that such attached dwelling shall not exceed two units per separate free-standing building.

(2)

Institutional and governmental uses such as public libraries, parks and playgrounds, elementary and high schools, private schools with a curriculum similar to that used in public schools.

(3)

Churches.

(4)

Accessory buildings and structures customarily incidental to the above uses.

(5)

Open space that is permanently dedicated and guaranteed in perpetuity by covenant to stay in an open space configuration.

(Ord. No. 1609, § 3, 11-8-82; Ord. No. 1733, § III, 2-11-85; Ord. No. 1742, § II, 4-22-85; Ord. No. 1797, § III(A, B), 2-24-86; Ord. No. 1833, § V, 7-14-86; Ord. No. 1837, § II, 8-11-86; Ord. No. 2201, § 1, 8-26-91; Ord. No. 00-35, § 1, 7-12-00)

No building shall exceed 35 feet in height.

(Ord. No. 1609, § 4, 11-8-82; Ord. No. 2201, § 1, 8-26-91)

No front, side or rear yard requirements are established, but no building, accessory building or structure in excess of four feet in height, except fences and screens, may be constructed or erected:

(1)

Within 15 feet of any street easement or right-of-way line except land facing any neighborhood collector street or state highway shall have a front yard with a minimum depth of 40 feet along such street or highway and 60 feet minimum depth when facing on Manchester Road; and

(2)

Within 20 feet of any existing building, accessory building or structure located on any adjacent lot or tract of land is not developed; and

(3)

Within ten feet of the side or rear lot line if the adjacent lot or tract of land is not developed; and

(4)

Within 20 feet of the perimeter of the PSD and any single-family zoned district; or

(5)

Except as designated on a site plan or plat showing the location and dimensions of each proposed building, accessory building or structure and adjacent easements, rights-of-way, and existing buildings, accessory buildings or structures located in the PSD district and within an area outside the PSD district which is determined by drawing a parallel line 50 feet outside the perimeter line of the PSD district, provided the site plan or plat is approved by the board of aldermen as required herein.

(Ord. No. 2102, § 1, 7-23-90; Ord. No. 2201, § 1, 8-26-91)

A minimum of one acre of land shall be necessary in order to be considered under the provisions of this article.

(Ord. No. 1609, § 6, 11-8-82; Ord. No. 1797, §§ I, II, 2-24-86; Ord. No. 2201, § 1, 8-26-91)

(1)

For each dwelling unit, there shall be two off-street spaces of not less than 200 square feet each.

(2)

Parking shall be arranged so as to prevent through traffic to other parking areas.

(3)

Joint parking lots (owned in common by the development) shall be screened from adjacent structures, roads, and traffic arteries with hedges, dense plantings, earth berms, changes in grade, walls, fences or other means of similar style and scale.

(4)

No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping.

(5)

All streets, parking areas and any off-street loading areas shall be paved and the design thereof in compliance with applicable Ballwin standards.

(6)

Parking shall be provided in accordance with articles I and XV of the zoning ordinance.

(7)

All joint parking lots shall be lighted. All such lighting shall be so arranged as to direct the light away from adjoining residences.

(8)

All impervious surfaces including parking lots, rooftops, etc., shall be graded and/or drained so as to dispose of all surface water without erosion, flooding and other inconveniences.

(9)

All parking facilities serving residential developments shall be provided within 200 feet of the residential structure.

(Ord. No. 1609, § 7, 11-8-82; Ord. No. 2201, § 1, 8-26-91)

Cross reference— Parking, stopping and standing, § 15-256 et seq.

(1)

Vehicular access points to an PSD area shall be designed to permit smooth and safe traffic flow and shall conform to St. Louis County standard specification for highway construction as modified by the City of Ballwin. Pedestrian circulation systems shall be insulated from vehicular circulation systems. Nonresidential uses within an PSD classification shall have direct access to major roadways. All streets constructed within an PSD zoning classification shall be in compliance with those set out in this ordinance. Rights-of-way and pavement widths within an PSD zoning classification shall be in accordance with the following table:

(Ord. No. 1609, § 8, 11-8-82; Ord. No. 2201, § 1, 8-26-91)

Cross reference— Motor vehicles and traffic, ch. 15; streets and sidewalks, ch. 24.

(1)

The perimeter of an PSD is that portion which abuts adjoining land uses which are not a part of the PSD.

(2)

A minimum of a 60-foot buffer zone shall be maintained from any commercial or multiple-family use and any structure intended for human occupancy within a PSD.

(3)

All buffer zones must be kept free of buildings or structures and must be landscaped, screened or protected by natural features, so that adverse impacts on surrounding areas are minimized.

(Ord. No. 1609, § 9, 11-8-82; Ord. No. 2201, § 1, 8-26-91)

(1)

Within a PSD, the minimum spacing between buildings shall be the mean of the minimum spacings allowed in adjoining residential zoning districts provided that such spacing shall not be less than 12 feet.

(Ord. No. 1609, § 10, 11-8-82; Ord. No. 1661, § I, 11-14-83; Ord. No. 2201, § 1, 8-26-91; Ord. No. 00-35, § 2, 7-12-00)

(1)

All PSD districts shall have open space and useable open areas incorporated in their design in accordance with the following definitions and standards:

(i)

Open space shall include all the land and water areas of a site that are not covered by structures (except recreational), roadways, driveways, parking areas and loading zones. Useable open areas may be included in open space computations. Undeveloped building sites, proposed right-of-way and similar areas are not to be considered in open space computations.

(ii)

A useable open area shall be defined as an open and unobstructed space having an area of at least 6,000 square feet. The smallest dimension shall be no less than 40 linear feet. A useable open area may have no slope in excess of six percent.

(2)

All residential development within an PSD shall provide that 15 percent of the total parcel be open space. As a part of this requirement, one area meeting the definition of useable open areas must be provided for each 100 dwelling units, or fraction thereof.

(3)

Useable open space shall be distributed throughout the project in relation to the residential units. Accessibility is very desirable and connecting linkages between open spaces are necessary.

(4)

At least 70 percent of the land dedicated for open space shall have an overall finished grade of not more than eight percent.

(5)

Recreational structures and improvements are acceptable in an open space; however, no more than five percent of any open space shall be covered with such facilities.

(6)

Buffer zones may be counted as open space or useable open area, but buffer zones may not contain aboveground structural improvements.

(Ord. No. 1609, § 11, 11-8-82; Ord. No. 1661, § I, 11-14-83; Ord. No. 2201, § 1, 8-26-91)

(1)

A general landscaping plan shall be required at [the] time of initial submission to be followed by a detailed landscape plan as part of the final development plan. All sizes and types of landscape materials shall be indicated in the final landscape plan.

(2)

All floodplains delineated by the Federal Flood Insurance Administration will be preserved as permanent, common, open ground.

(3)

A grading plan must be submitted as part of the initial plan. All efforts should be made to maintain as many of a site's native characteristics as possible.

(4)

Special considerations for hillsides should be made to ensure that they are stable and protected from erosion. No slope shall be allowed in excess of a 3:1 ratio.

(Ord. No. 1609, § 12, 11-8-82; Ord. No. 2201, § 1, 8-26-91)

(1)

[Petition.] When designated as qualifying for development and meeting the requirements of section 6 of this ordinance [article], the owner or owners of any tract of land zoned PSD may petition the board of aldermen for approval of an PSD development plan.

(2)

Preliminary development plan.

A.

[Purpose.] The purpose of the preliminary development plan is to allow the developer to propose a conceptual plan, with some detail without having to provide a complete set of engineering drawings and specifications.

B.

Written documents and information to be provided.

1.

Application form.

2.

A statement of planning objectives to be achieved by the PSD through the particular approach proposed by the applicant. This should include a description of the character of the proposed development and the rationale behind the choices and assumption made by the applicant.

3.

Quantitative data for the total number and type of dwelling units, parcel size, percentage of the total proposal devoted to each use, approximate gross residential density, total amount of open space and useable open space and traffic generation.

C.

Design documents to be provided.

1.

Existing site conditions including contours on a two-foot interval, watercourses, floodprone areas, unique natural and manmade features and vegetation cover. Isolated trees with a caliber of eight inches or more should be singled out.

2.

Overall site plan.

3.

The location, floor area and height of all existing and proposed structures.

4.

The size and number of all proposed dwelling units.

5.

The location and size of all useable open space areas and the ratio of the open space to the whole project.

6.

The existing and proposed circulation system, including off-street parking and loading areas, pedestrian and bicycle ways. Indication should be made as to eventual ownership (public or private).

7.

The proposed locations, volumes and capacities of all stormwater control structures, lines, pipes, etc.

8.

The proposed locations of all sanitary sewer lines.

9.

A general landscape plan with a grading plan showing the nature and topography of the site before and after construction.

10.

The proposed extent and treatments of all perimeter areas.

11.

Information on surrounding development, including ownership and size of adjacent land; distance to and nature of surrounding structures, circulation systems and zoning designations.

D.

[Intent.] The preliminary development plan is intended to provide a conceptual basis on which the final development can be evaluated by the board of aldermen. The preliminary development plan may not have to provide all detailed engineering and design information, nor is it intended to be absolute with regard to the location or nature of any plan elements, but sufficient information to understand the nature, scope and neighborhood impact of the proposal will be required.

E.

[Approval.] The preliminary development plan shall be approved by the board of aldermen according to the following procedure:

1.

A preliminary site plan shall be submitted to the city by petition.

2.

A petition fee shall be paid at the time of submission.

3.

The preliminary plan shall be reviewed for compliance with this ordinance. If the preliminary plan is in such compliance, the petition shall be forwarded to the planning and zoning commission of the City of Ballwin.

4.

The planning and zoning commission of the City of Ballwin shall review the preliminary plan, taking into account the matters set forth in article XIV, section 2 of this zoning ordinance and shall forward a report on those conditions to the board of aldermen.

5.

Upon receipt of the report of the city planning and zoning commission, the board of aldermen shall hold a public hearing in relation to the matter, shall give notice of the time and place by causing a notice thereof to be published at least one time in a newspaper, printed, published or of general circulation of the City of Ballwin. The publication of said notice shall be at least 15 days prior to the day of the hearing.

6.

After the hearing, the board of aldermen shall determine whether such plan will substantially increase traffic hazards or congestion, or adversely affect the character of the neighborhood, or adversely affect the general welfare of the community, will over-tax public utilities, is consistent with good planning practices and whether the proposed development can be operated in a manner that is not detrimental to single-family dwelling district developments, and whether the proposal can be developed and operated in a manner that is visually compatible with both the PSD development and surrounding areas. The board of aldermen shall approve the preliminary plan by ordinance, and a finding adverse to petitioner with respect to any of the above requirements shall be grounds for denial of the ordinance.

(3)

Final development plan.

A.

Within 12 months after the approval of the preliminary development plan, the applicant shall submit a final development plan to the board of aldermen which details the information that was conceptualized in the preliminary development plan. This plan will show detailed engineering and design criteria for the location and construction of all structures.

B.

No building or grading permits will be issued until the board of aldermen has approved the final development plan.

C.

If the applicant fails to obtain final development plan approval, for any reason, within the alotted time, the preliminary approval shall be deemed revoked.

D.

Final approval shall be granted via ordinance and shall be valid only upon the recording of a record plan, showing the approved plan, with the St. Louis County recorder of deeds.

E.

The board of aldermen may not approve a final development plan which differs substantially from the approved preliminary site plan.

(Ord. No. 1609, § 13, 11-8-82; Ord. No. 1661, § I, 11-14-83; Ord. No. 2201, § 1, 8-26-91)