Several planned overlay districts (PODs) have been established for the purpose of promoting and implementing the goal of the city's comprehensive community plan, which is to be a family-oriented community of predominantly single-family neighborhoods supported by a unique, well planned commercial-retail business sector.

The overlay districts provide a process for permitting and regulating uses located in the areas designated as "overlay" on the future land use map. These districts are the Manchester Rd. revitalization overlay district (MRD), the conservation subdivision overlay district (CSD), the neighborhood residential overlay district (NRD) and the neighborhood commercial overlay district (NCD). The PODs establish a mechanism to allow additional or alternate developmental regulations to be applied in conjunction with the underlying zoning districts to facilitate greater flexibility in the site planning process than is allowed by the underlying zoning requirements. The intent of the PODs is to improve the quality of life and economic sustainability in Ballwin by promoting development and/or redevelopment in underutilized or aging commercial and residential areas.

The establishment of a POD requires a petition review and public hearing before the planning and zoning commission and final approval by the board of aldermen via the passage of a governing ordinance. Such ordinances will specify development controls and the land uses allowed in the associated development. The approved uses will be from those allowed in the underlying district. Uses allowed only by a special use exception in the underlying district may be allowed by appropriate language in a POD governing ordinance subject to the procedures of establishing and/or amending a POD district.

(Ord. No. 09-03, § 1, 1-12-09)

The intent of the POD districts is to allow the development of land in a manner that is consistent with the city's comprehensive plan and to promote the following development objectives:

(1)

Encourage development that is at the forefront of evolving trends in site design, marketing, placemaking and branding.

(2)

Encourage development that is green, sustainable and compatible with surrounding built and natural environments.

(3)

Flexibility in the utilization of land use regulations by allowing greater variety and market responsiveness in site design, the arrangement of site improvements, building locations and land uses. This may include a development-specific waver, approved by the board of alderman via the governing ordinance, for modifications to the requirements of the underlying district and other development regulations provided the development is consistent with the stated purpose and requirements of the respective overlay district(s).

(4)

Provide for new development and redevelopment that are in accordance with the guidelines and intent of comprehensive community plan and, where appropriate, advance the concepts of a mixed use district that provides a blend of retail, commercial service, office and residential activities.

(Ord. No. 09-03, § 1, 1-12-09)

Any change to the development characteristics of an existing site or parcel(s) of land located within a designated overlay area, as depicted on the future land use map of the comprehensive community plan, that includes any of the following shall require the establishment of an applicable POD.

(1)

The expansion of any single building or the total floor area of all buildings on a site by ten percent or more.

(2)

An increase of ten percent or more in the percentage of impervious coverage of a site.

(3)

Any decrease in a site's landscaping/green space.

(4)

Any amendment to an approved site development plan.

(5)

At the request of the property owner.

The following shall not be a basis for requiring the establishment of a POD.

(1)

Any change to the legal occupancy of all or a portion of an existing building.

(2)

The reconfiguration of occupied spaces within a building.

(3)

The granting of a special use exception that does not involve the modification of the existing site or an amendment to an approved site development plan.

(4)

The exterior renovation, upgrading or remodeling of architecture provided such changes do not materially alter the neighborhood character, traffic volumes, patterns or congestion or unduly burden public improvements or finances.

(Ord. No. 09-03, § 1, 1-12-09)

A petition for the approval of a planned overlay district shall follow the same procedure as that utilized for special use exception petitions as outlined in article XIV, Section 3 (1)—(5). A petition shall include, at a minimum, the submittal of the following:

(1)

A fully executed city petition form signed by the property owner(s) identified by the current deed with all required information and accompanying documentation.

(2)

A copy of the current deed(s) for the property(ies) involved.

(3)

The legal description(s) of all properties to be encompassed in said district.

(4)

Evidence of unified ownership or control by the petitioner of all properties encompassed in said petition.

(5)

Statement of petitioner's experience and background in real estate development and residential or commercial construction.

(6)

A nonrefundable petitioning fee of $1,500.00.

(7)

A preliminary site development plan measuring no more than 24″ × 36″ and bearing the seal and signature of a licensed professional engineer or architect. The site development plan shall include the following information:

a.

The number, type(s), use and height dimensions of all proposed buildings.

b.

Provisions for stormwater control and drainage including pre and post development drainage maps (including contributory off-site drainage), detention and clean water facilities including preliminary capacity computations, stormwater pollution prevention plan, and other information and documentation as required in chapter 25sections 25-71 through 25-75.

c.

A pre and post development grading plan with topographic intervals at no greater than two feet and extending 100 feet beyond the perimeter of the subject site.

d.

The number of dwelling units contemplated.

e.

The total floor area by floor of all buildings.

f.

A parking and traffic circulation plan including ingress/egress to adjoining roadways and sites and cross access to adjoining properties or the dedication of cross access easements to Ballwin for future connections to adjoining developments if connections cannot be established at the time of petition submittal.

g.

Preliminary utility locations.

h.

A vicinity map drawn at a scale of not less that 1:1000 showing the location of e parcel(s) contained in the legal description.

i.

The out boundaries, bearings and dimensions of the property described in the legal description with respect to the surrounding community.

j.

The locations and improvements of all streets and properties complete with dimensions and ownership information within 100 feet from the perimeter of the site.

k.

All areas proposed for landscape treatments or to remain undeveloped.

l.

A computation of the total land area in square feet and as a percentage of the entire site used for buildings, roadways, other pavements, recreation, landscape/green space and other major land uses.

m.

A preliminary architectural elevation showing all sides of all buildings with dimensions, materials, colors, and architectural treatments.

n.

Locations of all vehicular service entrances, loading areas, refuse containers, ground mounted utilities, HVAC, etc.

o.

Other information as may be reasonably necessary to understand the character, scope and impact of a development proposal.

(Ord. No. 09-03, § 1, 1-12-09)

Rezoning to a POD district and the associated site plan approval process is initiated by a petition submitted by a person(s) or entity with a valid and demonstrable legal interest in the lots or tracts of land involved with the petition. The procedures for application, review and approval of a planned overlay district shall be as follows:

(1)

The planning and zoning commission meets on the first Monday of each month. Petitions shall be submitted no later than the close of business on the Friday preceding the Monday six weeks before the regularly scheduled meeting of the planning and zoning commission.

(2)

A petition shall consist of the application form available from the city and the required information, documents and submittal information as set forth above in Section 4 and in the individual POD district regulations.

(3)

The petition shall be reviewed for compliance with the minimum submittal requirements and provisions of the zoning ordinance, the subdivision ordinance and other applicable ordinances of the city. If the petition is properly submitted and in compliance with the minimum submittal requirements, the city planner shall advertise the public hearing and place the petition on the next available agenda of the planning and zoning commission for consideration.

(4)

If the petition is found to not meet minimum submittal requirements, the city planner shall notify the petitioner within 30 days of the date of submission of the deficiencies of the petition. The city reserves the right to not process incomplete applications.

(5)

If the city planner fails to notify the petitioner that the petition does not meet minimum submittal requirements within the specified 30-day period, the petition shall be deemed to have been properly submitted and shall be advertised for public hearing and placed upon the next available agenda of the planning and zoning commission.

(6)

Initially, only one copy of the petition documents must be submitted. After submission is determined to be in compliance with minimum submittal requirements, 25 sets of folded plans, drawings and other documents on paper not to exceed 24″ × 36″ must be submitted for distribution to the planning and zoning commission and board of aldermen for review before the issue will be advertised for public hearing or placed on an agenda.

(7)

The planning and zoning commission shall hold a public hearing on all petitions for a planned overlay district (POD) following the same public notice procedure as required for changes and amendments to the zoning regulations pursuant to article XXIII, amendments, of the Ballwin Zoning Ordinance and chapter 6, section 6-76.

(8)

The planning and zoning commission shall review the petition for consistency with the general guidance of the goals, policies and recommendations of the comprehensive community plan, compliance with the appropriate overlay district and underlying district regulations and consider the comments and testimony from the petitioner's presentation, the public hearing, the petition review report and make findings accordingly and submit said findings to the board of aldermen. The commission shall submit its findings to the board of aldermen in writing.

(9)

If the overlay district and the underlying zoning district standards appear to be in conflict, the more restrictive standard shall be applied, and if the overlay district does not delete or amend a regulation of the underlying district, such regulation shall be in force and a requirement of the governing ordinance.

(10)

The petition and the findings of the planning and zoning commission shall be placed on the Aldermanic agenda falling on the fourth Monday of the month of the meeting at which the planning and zoning commission voted on its findings, or the next subsequent available Aldermanic meeting, for the board of aldermen's consideration.

(Ord. No. 09-03, § 1, 1-12-09)

The POD district shall be approved by an ordinance (the governing ordinance) of the board of aldermen which shall grant the specific new zoning district classification, approve the site development plan, set forth the permitted uses, building bulk, setback and density limits and other restrictions or limitations to the uses and requirements of the underlying zoning districts, and set the general development parameters and conditions upon which permits for grading and construction are contingent.

Minor changes and adjustments to the approved site development plan may be made without subsequent planning and zoning commission or aldermanic approval as long as such changes are within the scope of the provisions of the approving ordinance. The city planner shall be responsible for determining if proposed changes are within said scope or constitute a substantial deviation from the ordinance.

In the case that it is determined that the changes constitute a deviation from the ordinance, the changes shall be considered an amendment to the approved site development plan and subject to the procedures established herein for considering such amendments. In the event that the determination of the city planner is disputed by the petitioner, the matter may be resolved via appeal to the Ballwin Board of Adjustment in accordance with the provisions of chapter 6, article V of the Ballwin Code of Ordinances.

Upon final approval of a fully engineered final site development plan by the City of Ballwin and all agencies with jurisdiction over the site, the petitioner shall provide mylar copies for recording and four paper copies and a digital copy on DVD or CD of the final site plan for the city's records.

No building permit shall be issued for any structure in a POD that does not conform to the final site development plan and governing ordinance as approved by the board of aldermen.

(Ord. No. 09-03, § 1, 1-12-09)

The governing ordinance shall specify site development regulations. Where the governing ordinance is silent on such matters, the underlying zoning district and development regulations will control.

(Ord. No. 09-03, § 1, 1-12-09)

The owner of any tract of land or project for which a planned overlay district governing ordinance has been approved by the board of aldermen, who desires to make a change that is a substantial deviation from the ordinance, may petition for a POD ordinance amendment in accordance with the petitioning procedures established for approving the original petition as established in this article.

(Ord. No. 09-03, § 1, 1-12-09)

The approval of the final site development plan shall be valid for one year following the date of the approval of the governing ordinance. If no construction or grading commences within a one year period, the site development approval shall expire, no construction or other development activity shall commence and no construction or grading permits shall be issued until a new site development plan is submitted and approved subject to the provisions of sections 5 and 6 of this article.

(Ord. No. 09-03, § 1, 1-12-09)