Town And Country City Zoning Code
ARTICLE XIV
Planned Residential Community PRC Regulations
Section 405.750 Purpose.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14000), 11-13-1989]
A.
The purpose of the planned residential community (PRC) regulations is to allow deviation from certain zoning performance standards for residential developments in the Suburban Low "SL" and Suburban Medium "SM" Residential Zoning Districts under conditions that allow for development of high quality residential uses in locations where there are possible conflicts with adjoining uses or with natural resources or other site conditions. However, under no circumstances shall the standards for a development relating to density, permanent open space or green space per gross buildable site area be relaxed.
B.
Planned residential community regulations provide the City with flexibility in consideration of residential uses and enable it to adjust development regulations to particular site conditions. Planned residential communities may be developed only in accordance with approved site plans and conditions enumerated in ordinances for particular planned residential community developments.
C.
A planned residential community should attempt to incorporate the following design criteria:
[Ord. No. 4393, 11-9-2020[1]]
1.
Incorporate landscaped buffers from main roads and adjacent residential uses.
2.
Include shared common ground.
3.
Offer front/side side entry garage access and avoid the use of open parking and carports.
4.
Use high-quality architectural features such as high-pitched roofs. natural exterior materials and avoid the use of non-natural materials such as vinyl or plastic components, synthetic or faux stone and brick and other imitation materials.
5.
Use less-restrictive lot sizes with large greenspaces.
6.
Connect to a trail system. if feasible.
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection (C) as Subsection (D).
D.
Unless specifically provided herein, the regulations pertaining to the "SL" and "SM" Districts apply.
Section 405.755 Application.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14001), 11-13-1989]
A.
A planned residential community "PRC" may be established on a tract of land undivided by a street, which tract is under single ownership or management contract in the "SL" or "SM" Zoning Districts upon a finding by the Board that the particular planned residential community proposed:
1.
Would provide for use of the site in a manner compatible with natural resources or other site conditions, or with adjoining uses or conditions;
2.
Would be consistent with good general planning practice and with good site planning;
3.
Could be constructed and maintained in a manner that is not detrimental to adjoining uses or the permitted uses of the zoning district, particularly residential uses;
4.
Would be visually compatible with the uses or development character of the adjacent area; and
Section 405.760 Establishment of A Planned Residential Community (PRC) - Generally.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14005), 11-13-1989]
A.
A planned residential community shall be deemed approved when:
1.
An application for the planned residential community is approved by the Board of Aldermen after a report from the Planning and Zoning Commission, and an ordinance setting forth the permitted uses, permitted incidental uses, the performance standards governing those uses, and other conditions of development, is enacted in accordance with Sections 405.800 through 405.815.
2.
A preliminary site development plan is approved by the Board of Aldermen after a report from the Planning and Zoning Commission;
3.
A final site development plan is approved by the Board of Aldermen and recorded in the office of the St. Louis County Recorder of Deeds in compliance with the Zoning Code and ordinance for the planned residential community; and
4.
All other applicable provisions of the Municipal Code are satisfied, including those pertaining to subdivision approval set forth in the subdivision regulations, if subdivision is required.
B.
Failure to comply with the time limits set forth herein, or as extended by the Board, for presentation of a final site development plan or for commencement of construction in accordance with the requirements of this Zoning Code and the ordinance for the planned residential community shall result in the rescission by operation of law of the ordinances approving the PRC development or the preliminary site development plan for the development.
Section 405.765 Permitted Uses.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14020), 11-13-1989]
A.
Generally. Any single-family detached dwelling conforming to the performance standards in the Suburban Low or the Suburban Medium Zoning Districts, whichever are applicable.
B.
Alternative Residential Uses. An applicant may propose alternative single-family residential uses which deviate from one (1) or more of the performance standards in the Suburban Low "SL" or Suburban Medium "SM" Zoning Districts. Such alternative residential uses shall be deemed permitted uses for that planned residential community development, if after review by the Planning and Zoning Commission, the Board of Aldermen finds that the development of such alternative residential uses:
1.
Would provide for use of the site in a manner compatible with natural resources or other site conditions, or with adjoining uses or conditions;
2.
Would be consistent with good general planning practice and with good site planning;
3.
Could be constructed and maintained in a manner that is not detrimental to adjoining uses or the permitted uses of the zoning district, particularly residential uses;
4.
Would be visually compatible with the uses or development character of the adjacent area; and
Section 405.770 Permitted Incidental Uses.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14025), 11-13-1989]
In addition to and only when dependent on, incidental to, or affiliated with one (1) or more permitted uses set forth in the ordinance for the particular planned residential community, other uses which are defined in the conditions of that ordinance, and which are designated as permitted, accessory or conditional uses for any residential zoning district in the Zoning Code, are permitted incidental uses in a planned residential community development.
Section 405.771 Satellite Earth Stations and Telecommunications Facilities.
[Ord. No. 2447 §10, 3-28-2000]
A.
Satellite earth stations less than one (1) meter in diameter (one (1) per dwelling unit) shall be a permitted incidental use in any Planned Residential Community. More than one (1) satellite earth station less than one (1) meter in diameter per dwelling unit, or satellite earth stations equal to or greater than one (1) meter in diameter, shall be a conditional use as provided in Section 405.225 of this Chapter.
Section 405.775 Design Deviations Within Planned Residential Communities.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14030), 11-13-1989]
In the ordinance authorizing the planned residential community, the Board of Aldermen may approve deviations from performance standards for particular uses within that development pursuant to the criteria set forth in Section 405.805(A), unless provided otherwise herein.
Section 405.780 Security.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14062), 11-13-1989]
A.
After review by and a report from the Planning and Zoning Commission, the Board of Aldermen may approve a fence, wall and/or gate proposed by the applicant that would otherwise be prohibited by Section 405.150 herein, upon finding that such a fence, wall and/or gate:
1.
Would adequately provide for access by police, fire, and emergency vehicles;
2.
Would buffer the site from a highway or adjoining office, commercial, or other residential uses;
3.
Would be visually compatible with the development character of the site and the adjacent area; and
4.
Would not be detrimental to any adjoining uses, particularly residential uses.
Section 405.785 Permanent Open Space For Development and Natural Resource Protection.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14140), 11-13-1989]
At least thirty percent (30%) of each planned residential community shall be devoted to permanent open space. Permanent open space is also to be considered green space in determining compliance with green space requirements. The permanent open space shall be landscaped with at least eight (8) plant units per acre of open space that is not already classified as a woodland resource. All land required to be protected by Section 405.335 of this Chapter shall be preserved as permanent open space in a planned residential community. This permanent open space requirement shall not be varied in the ordinances for a particular PRC development.
Section 405.790 Green Space Per Gross Buildable Site Area.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14145), 11-13-1989]
A.
The minimum green space requirements for PRC developments set forth below include permanent open space and any green space per lot requirement which may be imposed in the ordinance for a particular planned residential community, and shall not be varied in such ordinances except as set forth in Subsection (3) below.
1.
Green space for developments in the "SL" District. A minimum of seventy-five percent (75%) of the gross buildable site area of each planned residential community development in the "SL" District shall be devoted to green space.
2.
Green space for developments in the "SM" District. A minimum of seventy percent (70%) of the gross buildable site area of each planned residential community development in the "SM" District shall be devoted to green space.
3.
Reduction in required green space for particular "PRC" developments. Where a portion of the gross buildable site area of particular PRC development is devoted to common recreational areas, or other unusual circumstances exist on the site or are proposed for the development, the Planning and Zoning Commission may recommend, and the Board in its discretion may approve, a reduction in the above minimum green space requirement to no lower than sixty-five percent (65%) if that development is in the "SL" District and sixty percent (60%) if that development is in the "SM" District.
Section 405.795 Maximum Density For Development.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14150), 11-13-1989]
A.
The density limitations set forth below shall not be varied in the ordinance for a particular PRC development.
1.
Maximum density for PRC developments in the "SL" District. The maximum density for planned residential community developments in the "SL" District shall be one (1) unit per acre.
2.
Maximum density for PRC developments in the "SM" District. The maximum density for planned residential community developments in the "SM" District shall be two (2) units per acre.
Section 405.800 Application For A Planned Residential Community Development.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14200), 11-13-1989]
A.
Generally. An application for a particular planned residential community development shall be made by filing a verified application with the Director, specifying the site for which development is proposed, and accompanied by the following:
1.
Filing fee per requirements as established by the Board;
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 accordingly.
C.
Preliminary Site Development Plan.
2.
An application for a planned residential community development must be accompanied by a preliminary site development plan complying in all respects with Section 405.260, except for the following items, which are not required unless specifically requested by the Commission or Board.
a.
Section 405.260(1)(a)(1)(k) (exterior sign design);
b.
Section 405.260(1)(a)(1)(l) (exterior lighting location, height, and intensity);
c.
Section 405.260(1)(a)(1)(o)(ii) (type and size of all trees and shrubs used in landscaping);
d.
Section 405.260(1)(a)(3)(a)(vi) (location and dimensions of existing and proposed curb cuts);
e.
Section 405.260(1)(a)(3)(d) (landscaping plan illustrating all proposed deciduous and evergreen trees, ground cover and other landscaping elements);
f.
Section 405.260(1)(h) (color photograph and/or rendering of proposed building(s) and elevation views).
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. 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 the Commission.
Section 405.805 Planning and Zoning Commission Recommendations.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14300), 11-13-1989]
A.
Findings.
1.
The Commission's recommendations shall be based upon whether the planned residential community proposed for development:
a.
Would provide for use of the site in a manner compatible with natural resources or other site conditions, or with adjoining uses or conditions;
b.
Would be consistent with good general planning practice and with good site planning;
c.
Could be constructed and operated in a manner that is not detrimental to adjoining uses or the permitted uses of the zoning district, particularly residential uses;
d.
Would be visually compatible with the uses or development character of the adjacent area; and
e.
Would be desirable to promote the general welfare the City.
2.
The Commission shall also consider the architectural, landscaping and other relationships which may exist between the proposed planned residential community development and the character of the surrounding neighborhood and shall prescribe and require such physical treatment or other limitations which will secure or enhance the neighborhood character.
B.
Recommendations For Approval Of A Planned Residential Community. If the Commission recommends approval of a preliminary site development plan for a planned residential community 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 residential community development. In particular, the report shall include recommendations for the following:
1.
Permitted uses (including specifications for the mix of single-family dwelling types, and the maximum number of attached units).
2.
Permitted incidental uses, if any.
3.
Site access.
4.
Site design and layout.
5.
Performance standards, including any design deviations to be allowed for particular uses.
6.
Minimum lot width.
7.
Minimum setbacks from streets, internal drives, structures, and site perimeter.
8.
Front, side, and rear yards.
9.
Building spacing.
10.
Minimum green space for each lot.
11.
Maximum floor area percentage for each lot.
12.
Landscaping.
13.
Signs.
14.
Development, improvement and maintenance of common ground.
15.
Maintenance of permanent open space.
16.
Stormwater detention and control.
17.
Fire, health or other public safety considerations.
18.
Location of structures on the property relative to natural resources and conditions on the site, and buildings, roads, highways, and features on adjoining property.
19.
Design of permanent open space (to provide maximum recreational benefit of the open space and to provide a landscape design that maintains the suburban character of the City).
20.
Location of permanent open space (to preserve the most critical or important features and natural resources).
21.
Minimum side or rear wall requirements for patio and atrium homes may be reduced where those walls separate the unit from common open space.
22.
Bufferyards.
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.
Changes In Preliminary Site Development Plan After Hearing. When approval has been recommended by the Planning and Zoning Commission subject to conditions, and the conditions would cause substantial change in the preliminary site development plan presented at the public hearing, the Commission may in its discretion withhold forwarding its recommendations to the Board pending receipt of a revised preliminary site development plan from the developer reflecting compliance with the conditions. The developer shall submit such a revised preliminary site development plan within forty-five (45) days, unless the Commission has granted an extension of time or the developer has submitted an interlocutory appeal to the Board as provided herein. If the developer fails to submit such a revised preliminary site development plan within the prescribed time, or within such time as extended by the Commission, the Commission shall forward its recommendations to the Board.
E.
Preliminary Site Development Plan As Preliminary Plat. An approved preliminary site development plan may be accepted as an approved preliminary plat for purposes of subdivision.
Section 405.810 Aldermanic Review.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14400), 11-13-1989]
A.
Upon receipt of the recommendations of the Commission, the Board, utilizing the same standards imposed upon the Commission in these planned residential community regulations, may take any of the following actions:
1.
Approve the planned residential community development as recommended and pass an ordinance containing the conditions as stated in the recommendations of the Commission;
2.
Approve the planned residential community 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.
Section 405.815 Final Site Development Plan.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14500), 11-13-1989]
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 PRC development, 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 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 PRC 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 PRC development, the developer shall record the final site development plan and the ordinance for that planned residential community 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.
Section 405.820 Commencement of Construction.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14525), 11-13-1989]
A.
Surety Required. Construction shall not commence until a surety 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 (1st) 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.
Section 405.825 Termination of A Planned Residential Community Development.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14550), 11-13-1989]
Failure to submit a final site development plan or to commence substantial construction for a PRC development within the time prescribed herein or as extended by the Board shall terminate approval of that PRC development, and ordinances approving a preliminary site development plan for that PRC 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.
Section 405.830 Appeals.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14600), 11-13-1989]
A.
Interlocutory Appeals From The Planning And Zoning Commission. At any time during review of an application for a planned residential community 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 such requirement, condition or action. The appeal shall be placed on the agenda of 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 residential community 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 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.
Section 405.835 Amendment Procedures.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14700), 11-13-1989]
A.
In order to amend any provisions of an ordinance for an existing planned residential community development, the following procedures shall be followed:
1.
To amend the ordinance for a particular planned residential community 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 PRC 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 residential community 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 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 proceedings 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 residential community 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 residential community 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 residential community 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.
Section 405.840 Trust Indentures and Warranty Deeds.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(14900), 11-13-1989]
A.
In 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 residential community development, or that the common areas may also be used by residents outside the planned residential community development. If residents outside of the planned residential community 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 residential community 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 residential community;
b.
All rules and regulations promulgated pursuant to the indenture with respect to residents of the planned residential community 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 residential community development shall be applied equally to the non-residents;
d.
Any time after the recording of the indenture, a majority of the residents of the planned residential community 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 residential community development.
2.
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.
3.
In planned residential community developments containing attached units, the indenture shall contain provisions for maintenance of common walls.