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Bridgeton City Zoning Code

SECTION 410

090 Planned Developments.

[Ord. No. 70-25 §9, 3-18-1970; Ord. No. 74-88, 8-21-1974; Ord. No. 81-47, 7-1-1981; Ord. No. 84-73, 10-17-1984; Ord. No. 90-55, 6-6-1990; Ord. No. 99-01, 1-6-1999; Ord. No. 99-87, 12-8-1999; Ord. No. 06-29 §1, 6-21-2006]
A. 
Authorization. The City Council may by ordinance grant a special permit for a planned development authorized by this Section on such terms and conditions and with such restrictions as the Council may determine, subject to the provisions of this Section.
B. 
Community Unit Plan. A planned development for residential purposes, to be known as a "Community Unit Plan", may be authorized in any residential use district as herein provided. The intent of this Section is to allow desirable housing concepts which are neither single-family residences nor the traditional apartment complex. A Community Unit Plan should be considered when the development of land requires a high level of site improvements, has topography unsuitable for conventional development, or has high dollar value. It would encourage high quality site planning design and construction, mixed single-family and multi-family residences, plus inclusion of green space and recreational facilities.
1. 
Permitted uses.
a. 
Low-rise garden type apartments and town houses;
b. 
Cluster housing;
c. 
Row houses;
d. 
Zero lot line houses;
e. 
Detached single-family residences.
Multi-family housing for general or family occupancy will be encouraged over rental housing due to the general compatibility of housing ownership characterizing the prevalent life style of Bridgeton.
Permitted uses of this planned district may be developed according to the condominium property as defined in the Rules and Definitions Section 3 (410.030) of this zoning ordinance.
2. 
The owner or owners of any tract of land comprising an area of not less than five (5) acres may submit to the Planning and Zoning Office of the City of Bridgeton a plan for use and development of all the tract of land for residential purposes, or for the repair and alteration of any existing housing development of an area comprising ten (10) acres or more.
3. 
The development or alteration plan shall be referred to the City Planning Commission for the study and report. If the Commission approves the plan, it, together with the recommendation of the Commission, shall then be submitted to the Council for consideration and approval. The recommendations of the Commission shall be accompanied by a report stating the reasons for the approval of the application and specific evidence and facts showing that the proposed community plan meets the following conditions.
a. 
That the property adjacent to the area included in the plan will not be adversely affected.
b. 
That the plan is consistent with the intent and purpose of this Chapter to promote public health, safety, morals and general welfare.
c. 
That the buildings shall be used only for single-family dwellings or multiple dwellings and the usual accessory uses such as garages, storage space and community activities, including churches.
d. 
That the dwelling units shall not exceed fourteen (14) units per acre and that the average lot area per family, exclusive of streets, will not be less than three thousand (3,000) square feet.
e. 
That none of the buildings which are planned as a part of the development shall be upon separate lots, but all of the said buildings constituting component parts of the "Community Unit Plan" shall be and remain upon a single tract of land, unsubdivided, and that said tract of land shall be owned as a whole entity or as an entirety; and even though said ownership may be by or through a single individual, a husband and wife, a corporation, a partnership or an associated or unassociated group of individuals, no owner other than those who are part owners of condominium property hereinabove defined and as developed under Section 448.010, RSMo., 1969, shall be permitted to own any dwelling or residential unit or units which shall comprise any less than the total whole entity or entirety of the Community Unit Planned Development; provided however, that notwithstanding the above, there may be separate ownership of single-family residential units on individual lots in a portion of a Community Unit Plan.
4. 
No Community Unit Plan shall be considered by the Council unless it shall be accompanied by a trust indenture which shall contain proposed deed restrictions and trust provisions, which shall include, but not be limited to, the following items:
a. 
Provisions for designation of a "common element" or common facilities area upon which no residential buildings shall be constructed, but upon which there may be provided the following, among other possible facilities or common elements:
(1) 
Picnic areas;
(2) 
Swimming pool or pools;
(3) 
Playground areas and playground equipment;
(4) 
Tennis courts;
(5) 
Nursery school or schools.
b. 
Provision for the qualifications and for the election or selection of at least three (3) qualified persons to serve as trustees for the administration and enforcement of the trust provisions under the trust indenture; with further provisions for their terms of office, their method of election or selection after the first (1st) Board of Trustees' election or appointment; with further provisions for succession or replacement of trustees who die, resign, move from the community or who fail or refuse to carry out their duties under the trust indenture, with power in the City to enforce the trust provisions.
c. 
Provisions setting out the powers and duties of the trustees under the trust indenture with respect to the following:
(1) 
The reasonable minimum amount of money required to be expended yearly in maintaining the area where the common elements and facilities are located and the common facilities, which said amount shall be related percentagewise to the total rents collectable from, or the value of, all residential units in the planned development.
(2) 
Provisions that the yearly minimum amount of money which is to be expended for maintenance of the common element or facilities area and the elements or facilities therein shall be paid to the trustees for such purposes, and that minimum yearly amount shall constitute a lien upon all of the real estate, including the improvements thereon, and the common element or facilities area.
(3) 
Provisions shall be made for the effective means of collection of the reasonable yearly minimum amount of money designated and required for the maintenance of the common element area, which shall be acceptable to the Council before approval of the planned development.
(4) 
Provisions that the planned development shall be maintained as a whole, an entity, or as an entirety, unsubdivided, and that no part thereof shall ever be sold or transferred separately, except as hereinabove provided in connection with condominium property and individual lots for single-family residential units, and except that the unsubdivided fee underlying the entire planned development may be sold, transferred and held separately subject to all of the provisions of this Chapter.
(5) 
In the event there shall be individual lots for single-family residential units, there shall be provisions in the trust indenture specific to such individual lots.
5. 
No Community Unit Plan shall be considered by the Council unless the plan shall contain:
a. 
Provisions for two (2) off-street automobile parking spaces for each dwelling unit in the planned development. In addition to the required off-street parking, the development shall provide off-street public parking areas of no more than four (4) vehicles and equal to the sum of one percent (1%) of the total off-street parking requirements. These off-street public parking areas shall be distributed throughout the development.
b. 
Provisions that all roads and streets in the Community Unit Plan shall be dedicated to public use and the construction thereof planned in accordance with the standards applicable to at least the minimum standards for construction of public streets of the City of Bridgeton, with adequate provisions for bond or escrowed funds conditioned upon the completion of said streets.
c. 
Provisions for bond or escrowed funds conditioned upon the completion as planned of the common element facilities.
6. 
After a receipt of findings, report and recommendations of the Planning Commission, the City Council shall hold a public hearing at which supportive statements or objections may be voiced on the application. At least fifteen (15) days' notice of the date, time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation in the City of Bridgeton.
7. 
If the City Council approves the development by ordinance, building permits and certificates of occupancy may be issued even though the use of land, the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which the development is located. The City Council has the right to impose any conditions or restrictions it determines to be proper.
8. 
No Community Unit Plan rezoning shall occur or be effective to authorize issuance of any permits for construction thereunder, despite approval of the City Council, until and unless the aforementioned trust indenture, deed restrictions, and the development plat approved by the Planning Commission and signed by the Mayor have been recorded in the office of the St. Louis County Recorder of Deeds.
9. 
Authority to modify regulations. The Bridgeton City Council shall have the authority in approving any Community Unit Plan to change, alter or modify any provisions of the zoning ordinance or subdivision ordinance as they apply to the proposed Community Unit Plan to achieve the intent of the Community Unit Plan.
C. 
Planned Single-Family Residential Unit Development.
1. 
A planned development for single-family residential purposes may be authorized by the City Council by ordinance and the granting of a special permit in any residential district as herein provided. The intent of this Section is to permit desirable housing concepts and encourage innovative single-family residential design, open space and site planning developments that are conducive to neighborhood characteristics.
2. 
Such developments would be permitted on tracts which are unable to meet all the established zoning regulations due to unusual circumstances in lot size, configuration, topography, external conditions or particular design features through the planned unit development process.
3. 
The City seeks the following objectives:
a. 
Creation of a more desirable development than would be possible through strict application of the zoning regulations.
b. 
Encourage a creative approach to the use of land resulting in better design, amenities and overall development.
c. 
Combination and coordination of building styles, forms and building relationships.
d. 
Preservation and enhancement of desirable site characteristics and open space.
e. 
Use of design, landscape or architectural features to encourage a pleasing environment.
4. 
The owners of any tract of land zoned single-family residential comprising an area of two (2) or more acres may submit to the Planning and Zoning office of the City of Bridgeton a plan for development of a planned single-family unit project as provided herein. Such plan shall be referred to the City Planning Commission for a public hearing, report and recommendation and then submitted to the City Council for consideration and approval. The City Planning Commission report shall specify the facts and evidence the proposed projects meets the provisions and goals of this planned residential unit, the goals and objectives and of the Comprehensive Plan of the City of Bridgeton. The City Council shall hold a public hearing on the proposal in accordance with Section 410.090(B)(6).
5. 
Authority to modify regulations. The Bridgeton City Council shall have the authority in approving any planned unit development to change, alter, modify any provisions of the zoning ordinance as they apply to the proposed planned unit development to achieve the development objectives.
6. 
Permitted uses. The following types or combinations thereof of single-family housing units are permitted:
a. 
Detached houses;
b. 
Zero lot line houses;
c. 
Row houses;
d. 
Cluster houses.
Permitted uses of this planned district may be developed according to the condominium property as defined in the Rules and Definitions Section 3 (410.030) of this zoning ordinance.
7. 
That the dwelling units shall not exceed fourteen (14) units per acre and that the average lot area per family, exclusive of streets, will not be less than three thousand (3,000) square feet.
8. 
Application and plans. An applicant for a planned residential single-family development shall file an application for a special permit on forms provided by the Zoning Administrator. The application shall include the following:
a. 
One (1) copy of the legal description.
b. 
Eighteen (18) copies of the planned residential unit development plan prepared and sealed by a registered design professional drawn to a scale of one (1) inch to twenty (20) feet or larger showing:
(1) 
Boundary lines with dimensions and bearings and area of the proposed site.
(2) 
All proposed buildings and structures.
(3) 
Streets.
(4) 
Easements.
(5) 
Parking and internal traffic flow.
(6) 
Points of ingress and egress.
(7) 
Exterior building materials proposed.
(8) 
Preliminary architectural style of proposed buildings.
(9) 
Any proposed common areas.
(10) 
Preliminary landscape plan.
(11) 
Any proposed special site features.
(12) 
Setback lines.
(13) 
Any proposed detention area.
(14) 
Contour lines, existing and proposed.
(15) 
Number of dwelling units and floor areas of each unit.
(16) 
Proposed storm and sanitary sewers locations.
(17) 
Location and number of parking spaces.
9. 
Two (2) off-street parking spaces shall be provided for each dwelling unit.
10. 
Any proposed common areas shall comply with Subsection (B)(4) of Section 410.090 of the zoning ordinance.
11. 
A planned single-family residential development may be maintained as a condominium development or as individual land parcels for single-family residential units.
12. 
All roads proposed shall be constructed in accordance with the standards for construction of public streets of the City of Bridgeton.
13. 
No planned unit development rezoning shall occur or be effective to authorize issuance of any permits for construction thereunder, despite approval of the City Council, until and unless the aforementioned trust indenture, deed restrictions, building plans and elevations, and development plat approved by the Planning Commission and signed by the Mayor have been recorded in the office of the St. Louis County Recorder of Deeds.
D. 
Planned Commercial Or Manufacturing Districts. In order to encourage a high quality of design and site planning in the development of multi-family residential, commercial and manufacturing uses, or combinations thereof, Planned Commercial or Manufacturing Districts may be authorized in any section of the community appropriate for intensive development.
1. 
The owners of record or the owners under contract, or their authorized representatives, of a tract of land comprising an area of not less than one (1) acre may, in the manner prescribed in Section 410.200 for a change in zoning, submit a proposal for the establishment of a Planned Commercial District (PCD) meeting the requirements of this Subsection (D).
2. 
The owners of record or the owners under contract, or their authorized representatives, of a tract of land comprising an area of not less than three (3) acres may, in the manner prescribed in Section 410.200 for a change in zoning, submit a proposal for the establishment of a Planned Manufacturing District (PMD) meeting the requirements of Subsection (D).
3. 
The City Council may, in the manner prescribed in Section 410.200 of the Bridgeton Zoning Ordinance, impose, create, amend, supplement, change, modify or repeal by ordinance any Planned Commercial District (PCD) or Planned Manufacturing District (PMD), the boundaries of PCD or PMD Districts, or the regulations or restrictions established within any PCD or PMD District.
4. 
The Planning Commission may, on its own initiative, petition the City Council requesting the imposition, creation, amendment, supplementation, change, modification or repeal by ordinance of any Planned Commercial District (PCD) or Planned Manufacturing District (PMD), the boundaries of PCD or PMD Districts, or the regulations or restrictions established within any PCD or PMD District, provided that it first held public hearings thereon in the manner set out in Sections 89.010 to 89.140, RSMo., and as may be prescribed by the Bridgeton Zoning Ordinance.
a. 
Permitted uses.
(1) 
For a PCD, the designated permitted uses may be any uses permitted in the "B-1", "B-2" or "B-3" Districts as well as multiple-family dwelling units, including low-rise garden type buildings and townhouses, cluster housing and row housing at a density not exceeding fifteen (15) units per acre.
(2) 
For a PMD the designated permitted uses may be any uses permitted in the "B-4" or "M-1" District.
(3) 
For both a PCD and a PMD there shall also be permitted accessory uses and/or buildings as defined in Section 410.030(B).
b. 
Other requirements. A PCD or PMD shall be established only by an ordinance describing the tract of land included and designating specific requirements for each of the following:
(1) 
Permitted uses of land in conformance with Section 410.090(D)(4)(a)(1).
(2) 
Minimum lot size.
(3) 
Minimum front, rear and side yard requirements.
(4) 
Maximum building heights provided that all buildings must, if applicable, conform to the provisions of Sections 410.050(B)(1)(c) and 410.050(B)(1)(d).
(5) 
Minimum proportion of the lot that must be kept free of all development including off-street parking and be appropriately landscaped.
(6) 
Screening of development from adjacent parcels in any "R" District.
(7) 
Landscaping of any portions of the lot not utilized for buildings or off-street parking.
c. 
Off-street parking and loading. All uses in a PCD or a PMD shall meet the off-street parking and loading requirements contained in Section 410.110; provided that the City Council may vary the size of the individual off-street parking spaces and/or the required number of off-street parking and/or off-street loading spaces when it finds that such variation will result in a more appropriate project design while still carrying out the purpose of Section 410.110.
d. 
Establishment of a PCD or a PMD.
(1) 
An application for a PCD or a PMD shall be heard, studied and considered by the Planning and Zoning Commission and City Council in the same manner as prescribed in Section 410.200 for a change in zoning. The provisions of Section 410.200 with respect to an adverse report of the Commission, a protest filed by property owners, and time limit regarding the refiling of an unsuccessful application shall apply to an application for a PCD or a PMD.
(2) 
A tract of land included within an established PCD shall be designated on the zoning map as in a "B-5" District. Such tract within an established PMD shall be designated on the zoning map as in an "M-3" District.
(3) 
The utilization of land in an established PCD or PMD shall require no special permit or approval not required under City ordinances for similar proposals in other areas of the City. Building permits for the utilization of land in an established PCD or PMD shall not be issued unless the proposal for utilization meets the requirements and conditions of the ordinance establishing such PCD or PMD as well as applicable provisions of other City ordinances, including the Building Code, the Zoning Ordinance and the Sign Ordinance.