Florissant City Zoning Code
ARTICLE V
"PD-R" Planned Development-Residential 1
Section 405.165 Intent And Purpose.
[Ord. No. 8920, 10-9-2023]
A.
The purpose of the "PD-R" Planned Development-Residential District (PD-R) is to provide a means of achieving greater flexibility in development of land for single-family residential uses intended for owner occupancy in a manner that may not be possible under the City's "R" dwelling districts; to encourage a more imaginative and innovative design of land development; and to promote a more desirable community environment.
B.
The City Council, upon recommendation by the Planning and Zoning Commission, may, by an ordinance adopted in the same manner as a rezoning is approved, authorize a Planned Development-Residential District when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the general regulations of existing "R" district regulations. These Planned Development regulations are not intended to allow excessive densities either within the development, or as the development relates to the general neighborhood. The City Council may, upon proper application, approve a Planned Development-Residential development to facilitate the use of flexible techniques of land development and site design, by providing relief from conventional zoning standards to achieve an objective of the City, including, but not limited to one (1) or more of the following objectives:
1.
Site planning that better adapts to site conditions and its relation to surrounding properties that would not otherwise be possible or would be inhibited under the district regulations applicable to the property.
2.
Functional and beneficial uses of open space areas.
3.
Preservation of natural features of a development site.
4.
Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.
5.
Providing for single-family housing types that are not presently found in the City thereby adding choice to greater sectors of the population.
6.
Rational development that creates efficiencies for public utilities and services.
7.
Efficient and effective traffic circulation, both within and adjacent to the development site.
C.
Relationship of planned development districts to Zoning Map:
1.
A Mapped District. The "PD-R" designation is not intended to be attached to existing zoning districts as an overlay. The "PD-R" designation, as detailed in this Article, is a separate use district and may be attached to a parcel of land through the process of rezoning and Zoning Map amendment as provided for in Article XIII of this Chapter.
2.
Plan Approval Required. It is the intent of this Article that no development or redevelopment of the property encompassed by the "PD-R" designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Article, Chapter 405, and applicable sections of Title IV Chapter 410, Subdivisions, Changes and Amendments, Article XIII, Section 405.475, and/or any other applicable provisions of the Florissant Municipal Code ("Municipal Code").
3.
Existing Approved Development. Upon adoption of this Article and the Sections therein, certain developments designated under Article V, "PEU" Sections 405.165 through 405.200 are hereby rezoned "PD-R." All site plans, permitted and conditional uses, and all other provisions of the plans for "PEU" developments as approved by ordinance remain in full force and effect. However, changes in uses, building size, and other aspects of any such approved development shall constitute an amendment to the approved plan requiring review and approval under the requirements of this Section and other applicable Sections of the Florissant Zoning Code ("Zoning Code") existent at the time such changes are sought.
D.
Coordination with Ch. 410, Subdivisions Regulations, of the Municipal Code.
1.
When a "PD-R" development involves any subdivision activity, the subdivision review and approval procedure requirements contained in Chapter 410, Subdivisions, of the Municipal Code shall be carried out simultaneously with the review of a Planned Development — Residential proposed project under this Section of this Article. As applicable, reference is made to requirements in Chapter 410 of the Municipal Code within this Section. Regarding these references, said Title may contain the term "plat," which under the "PD-R" District requirements is intended to be synonymous with "plan" as appropriate.
E.
Types of "PD-R" development. A "PD-R" development must consist of housing units designed and intended for single-family owner-occupancy in any "A," "NU," or "R" District as provided for in Article IV of this Chapter and on property identified for residential development in the City's Comprehensive Plan. A "PD-R" development may consist of traditional single-family unit types on individual lots or villa or townhome style units [either attached (i.e., in zero-lot-line configuration)] or detached so long as each unit and its site/lot is under individual ownership. Unit types, lot sizes, and density may vary by sector or subarea within the same "PD-R" development.
Section 405.170 Density And Performance Standards.
[Ord. No. 8920, 10-9-2023]
A.
A "PD-R" development site shall comprise a minimum of five (5) acres. The minimum site size may be waived by the Council upon report by the Planning and Zoning Commission; if it is determined that the "PD-R" proposed is desirable or necessary in relationship to the surrounding neighborhood; or, if the City Council should determine such waiver to be in the public interest.
B.
The density of any residential development consisting of owner-occupied detached single-family dwelling units shall not be greater in any "PD-R" development than six (6) dwelling units per acre, excluding therefrom the area used for streets.
D.
Notwithstanding the provisions of Section 405.170(C) above, the side or rear yard and any buffering requirements for any proposed "PD-R" development adjacent to an existing residential district shall be the same as is required for the abutting district for any portion of the proposed development bordering or abutting said district. All yard setbacks within the "PD-R" development for lots or other areas of the development not bordering an adjacent residential district shall comply with those as specified in the approved site plan but shall not be less than those specified in Section 405.170(C) above.
E.
Where a "PD-R" development abuts a commercial or industrial use or district, there shall be a minimum thirty (30) foot wide buffer area which shall be permanent and landscaped and provided with screening (i.e., sight-proof fencing) to effectively screen the commercial or industrial use from the "PD-R" development.
F.
A "PD-R" development comprising a site of 10 acres or greater may have sectors or subareas with different unit types or lot sizes so long as the standards set forth in this Section are met and the site plan clearly sets forth the areas attributable to each development density. However, lot standards may not vary within a sector or subarea or along street frontages.
G.
Development Phasing. If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or legally provided for on a final plat, in reasonable proportion to the number of dwelling units intended to be developed during any given stage of construction as approved on a final plat by the City Council. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per net acre established by the approved "PD-R" District.
H.
Density and other performance standards requirements for owner-occupied single-family attached dwelling units (townhouse, row-house, zero-lot-line, or villa unit types) shall be established during the process of staff review and the site plan review process involving the Planning and Zoning Commission.
I.
Common Open Space Requirements. Any proposed "PD-R" development shall contain common open space areas that may be used for recreation, park, or environmental amenity purposes for the collective enjoyment of the occupants of the development. The requirements as set forth below may be altered by the Planning and Zoning Commission in conjunction with site plan review and recommendation to the City Council.
1.
Common open space shall comprise at least five percent (5%) of the gross area of the residential development.
2.
Where common open space is to be provided in a subdivided residential development, the use, operation, and maintenance of areas for common open space, common ground, and common buildings shall be guaranteed by the establishment of a trust indenture providing for such by a subdivision association or trustees. Said indenture shall be approved by the City Attorney prior to recording the indenture simultaneously with the recording of the final plat.
4.
Off-Street Parking Requirements.
b.
Parking areas shall be used only for automobiles and light-duty pickup trucks. Parking of boats, travel trailers, motor homes, cargo or recreation vehicle trailers shall be limited to periods of not more than three (3) consecutive twenty-four-hour periods occurring not more than three times in any twelve-month period.
J.
Performance Standards.
1.
General Standards. The approval of a site/development plan for a "PD-R" project may provide for exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. No "PD-R" development shall be allowed which would result in:
a.
Inadequate or unsafe vehicular access to the development.
b.
Peak-hour traffic volumes exceeding the capacity of the adjoining or nearby streets. Capacity shall be based on a street providing "level of service D" as defined in the latest publication of the Transportation and Traffic Engineers Handbook, Institute of Transportation Engineers. In conjunction with the site plan review process as set forth in Section 405.180, the Planning and Zoning Commission may require a traffic study to determine the ability for the proposed development to meet this requirement.
c.
An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development.
d.
A failure to comply with the standards contained in this Title or other provisions of the Municipal Code.
e.
Other detrimental impacts on the surrounding area, including, but not limited to, visual pollution.
In addition to the above requirements, all planned developments shall be subject to the review criteria established in Section 405.180 of this Article. It shall be the responsibility of the applicant to clearly establish that the above requirements are met. |
2.
Other Codes. All requirements of other codes and ordinances of the City applicable to property development and building construction shall be applicable.
Section 405.175 Uses Permitted.
[Ord. No. 8920, 10-9-2023]
Any "PD-R" dwelling district may be developed for residential use as provided for in Section 405.165(E) and for supporting community facilities related to the development such as a subdivision community building, recreation area, or other such facilities for the benefit of the development property owners, provided that such ancillary uses are designated as part of the "PD-R" site plan and approval procedure hereinafter delineated.
Section 405.180 Procedure For Approval Of A "PD-R" District.
[Ord. No. 8920, 10-9-2023]
A.
Establishment of a "PD-R" development requires a change in zoning and therefore must comply with the provisions of Article XIII, Section 405.475, which provides for changes or amendments to the code which amend, supplement or change, modify or repeal the boundaries or regulations of the of the Zoning Code. Approval of a "PD-R" development also involves the approval of a specific site plan that is tied to the district by the enacted ordinance. Approval of a "PD-R" site plan is subject to the following:
1.
The procedure for establishment of a "PD-R" development and approval of site plan and required a change of zoning shall be as follows:
a.
Application. The owner or owners of record or owners under contract of a lot or tract of land or their authorized representatives shall petition the City Council on forms prescribed for this purpose by the Planning and Zoning Commission. These forms are to be submitted to the Building Commissioner or designated representative and accompanied by the following:
(1)
Applicable filing fee.
(2)
Legal description of the property.
(3)
Out boundary plat of the property.
(4)
Preliminary development plan depicting, but not limited to, the following:
(a)
Proposed Uses. Conceptual location and configuration of buildings including elevations, approximate locations of common ground and/or open space areas, streets, sidewalks, walking or biking trails, major utility easements, street lighting and stormwater retention or detention areas shall be indicated.
(b)
Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floor plan areas shall be indicated.
(c)
Approximate location of all isolated trees having a diameter at breast height of six (6) inches or more, all tree masses and proposed landscaping.
(d)
Two (2) section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.
(e)
Proposed ingress and egress to the site, including adjacent streets and approximate alignments of internal roadway systems.
(f)
Preliminary plan for sanitation and drainage facilities.
b.
Hearing/Public Hearing.
(1)
A hearing on the petition shall be held by the Planning and Zoning Commission following the filing of completed application with the Building Commissioner or designated representative and the acceptance of such application thereby as a complete application. The Planning and Zoning Commission shall thereafter make a recommendation to the City Council with respect to the application petition including its findings with respect to the provisions of Section 405.170. The recommendation shall be in the form of a written report that includes all development and design stipulations and/or conditions recommended by the Commission and be accompanied by a site plan the complies with their recommendations and the provisions of this Chapter.
(2)
The applicable provisions with respect to all petitions under this Section and proceedings with respect thereto, including public hearings and any ordinances resulting therefrom, but no public hearing shall be commenced until the petitioner has provided payment for the notice of publication of such public hearing. If such payment is not provided by the petitioner within sixty (60) days of submission of a bill thereto, the petition shall be deemed abandoned and the request for public hearing withdrawn.
(3)
Upon the issuance of a recommendation by the Planning and Zoning Commission or if no recommendation has been made by the Planning and Zoning Commission within sixty (60) days of acceptance of the completed application by the Building Commissioner or designated representative, the petitioner may request the City Council to set a public hearing on such petition by filing a written request therefor with the City Clerk together with any required deposit to cover the anticipated costs of advertising such public hearing. If the petitioner has requested the setting of public hearing in the absence of a recommendation from the Planning and Zoning Commission, the Planning and Zoning Commission shall be deemed to have made a recommendation of approval.
c.
Planning and Zoning Commission recommendation. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning and Zoning Commission. The recommendation shall address general planning considerations, including consistency with good planning practice and compatibility with adjoining permitted developments and uses. A recommendation of approval shall include recommended conditions to be included in the ordinance authorizing the establishment of the "PD-R" Planned Development-Residential District. Such conditions shall include, but not be limited to, the following:
(1)
Permitted uses, including maximum floor area.
(2)
Performance standards of Section 405.170(J).
(3)
Height limitations.
(4)
Minimum yard requirements.
(5)
Off-street parking and loading requirements.
(6)
Sign regulations.
(7)
Minimum requirements for site plans.
(8)
Time limitations for commencement and completion of construction.
d.
Site Development Plans. After passage by the City Council of an ordinance authorizing the establishment of a "PD-R" Planned Development-Residential District, the final site development plan shall be submitted to the Building Commissioner to review for compliance with the applicable "PD-R" Planned Development-Residential ordinance prior to issuance of construction permits. Any variations from the ordinance approved by the City Council and/or the conceptual plans attached to such ordinance shall be processed in accordance with the procedure established in Section 405.185.
Section 405.185 Procedure For Amendment Of Conditions Or Plans.
[Ord. No. 8920, 10-9-2023]
A.
In order to amend the provisions of an existing "PD-R" ordinance or to amend the recorded site plan, site development concept plan or site development section plan approved for the residential development, the procedure shall be as follows:
1.
To amend the "PD-R" residential development ordinance.
a.
Submission/advisory determination regarding necessity for public hearing. The property owner or authorized representative may submit a written request to amend ordinance conditions to the Building Commissioner or designated representative for review. The Building Commissioner or designated representative shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally or previously advertised for public hearing and shall make an advisory determination regarding the necessity of public hearing.
b.
Determination of necessity of public hearing. If the Building Commissioner or designated representative determines that the requested amendment is not consistent in purpose and content with the nature of the proposals as originally or previously advertised for public hearing, the Building Commissioner or designated representative shall so report to the applicant and the Planning and Zoning Commission. In such event, if the applicant wishes to proceed with that request to amend ordinance conditions, further action with respect thereto shall be required to be in accordance with the applicable provisions of this Section and shall require a new public hearing by the City Council before enactment of any ordinance amending conditions of the existing ordinance.
c.
Advisory determination of non-necessity for public hearing/planning and Planning and Zoning Commission action and determinations.
(1)
If the Building Commissioner or designated representative determines that the requested amendment is consistent in purpose and content with the nature of the proposal as originally or previously advertised for public hearing, the Building Commissioner or designated representative shall make an advisory determination of non-necessity of public hearing and so report to the Planning and Zoning Commission. The Planning and Zoning Commission shall thereafter review the request and the report to the Building Commissioner or designated representative.
(2)
If the Planning and Zoning Commission agrees that the requested amendment is consistent in purpose and content with the nature of the proposal as originally or previously advertised for public hearing, it shall make a preliminary determination of non-necessity of public hearing and shall report such determination and a recommendation to the City Council with respect to the proposed amendment, which recommendation shall be in accordance with the provisions applicable to this Section and shall note any recommended changes in conditions.
(3)
If the Planning and Zoning Commission determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally or previously advertised for public hearing, it shall issue a determination of necessity for public hearing and so report to the applicant and the City Council, in which event if the applicant wishes to proceed with its request to amend ordinance conditions, further action with respect thereto shall be required to be in accordance with the provisions applicable to this Section and shall require a new public hearing by the City Council before enactment of any ordinance amending conditions of the existing ordinance.
d.
Council Action.
(1)
The City Council may, by ordinance enacted after submission of a recommendation from the Planning and Zoning Commission upon a determination by it that the amendments provided for therein are consistent in purpose and content with the nature of the proposal as originally or previously advertised for public hearing, amend the pertinent existing ordinance.
(2)
The City Council may, by motion, determine that the requested amendments are not consistent in purpose and content with the nature of the proposal as originally or previously advertised for public hearing, in which event if the applicant wishes to proceed with its request to amend ordinance conditions, further actions with respect thereto shall be required to be in accordance with the applicable provisions of this Section and shall require a new public hearing by the City Council before enactment of any ordinance amending conditions of the existing ordinance.
(3)
Nothing herein shall obligate the City Council to take any actions with regard to a recommendation of disapproval or any other recommendation by the Planning and Zoning Commission relative to a request under this Section to amend ordinance conditions.
e.
Election by applicant to proceed. Nothing herein shall prevent or prohibit an applicant from electing to petition for a new or amended ordinance.
Section 405.190 Guarantee Of Improvements.
[Ord. No. 8920, 10-9-2023]
Unless otherwise provided for in the conditions of the ordinance governing a particular "PD-R" development, no building permits or permits authorizing the occupancy or use of a building or facility may be issued until required related public improvements on- and off-site improvements are constructed or a performance bond, escrow or other acceptable instrument is posted governing their estimated cost as determined by the Building Commissioner or designated representative. This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements which shall include, but not be limited to, streets, sidewalks, sanitary and storm sewer, streetlights, and street trees. If a "PD-R" development is developed in phases, the requirement shall also apply to all major improvements necessary to the proper operation and function of the phase in question, even though such improvements may be located outside of the phase in question.
Section 405.195 Failure To Commence Construction.
[Ord. No. 8920, 10-9-2023]
Substantial construction shall commence within the time period specified in the conditions of the ordinance governing the "PD-R" unless such time period is extended by the Planning and Zoning Commission. If substantial residential designed development construction or development does not begin within the time period specified in the conditions of the ordinance governing the unit or extensions authorized therein, the Planning and Zoning Commission may recommend to the City Council that action be taken to repeal, review or amend the existing ordinance or to rezone some or all of the property covered by the existing ordinance or to revert some or all of such property to prior or other zoning classifications. No building or occupancy permit shall be issued for the development or use of the property until completion of action by the City Council on the proceedings to rezone the property in accord with the provisions of the above-noted Section.