Town And Country City Zoning Code
ARTICLE XVI
Planned Office Park District Regulations
Section 405.910 Purpose.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16000), 11-13-1989]
A.
The Planned Office Park District is intended to facilitate the development of high quality office uses in locations where, because of possible conflicts with adjoining uses or with natural resources or conditions on the site, more development control and flexibility than that afforded in other office districts is necessary. Planned office parks may be developed only in accordance with approved site plans and conditions enumerated in specific ordinances for each respective planned office park development. Planned office parks are to provide the City flexibility in consideration of office uses and to enable the City to adjust development regulations to particular site conditions.
B.
Although the standards of the office districts may be relevant to planned office parks, more development control and flexibility may be necessary to protect the general welfare than is possible under either the campus office or office regulations. In an ordinance creating or approving particular planned office parks, the Board of Aldermen shall impose those conditions and restrictions consistent with the characteristics of that particular development and its surrounding area in accordance with good planning considerations.
C.
Planned office parks shall be located such that no significant amount of non-residential traffic will flow through any residential district.
Section 405.920 Application of Other Provisions of This Zoning Ordinance.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16005), 11-13-1989]
The regulations in Article XVI (Sections 405.910 — 405.990) of this Chapter are supplemented by additional general regulation in other Chapters of this Zoning Code. Where there is a conflict between regulations in or authorized by this Chapter and provisions in other chapters of this Zoning Code, the regulations in or authorized by this Chapter govern the Planned Office Park District.
Section 405.930 Supplemental Definitions.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16010), 11-13-1989; Ord. No. 3491 §1, 1-12-2010]
The following definitions supplement those set forth in Section 405.080, and apply to this Chapter only.
One (1) contiguous area occupied by or developed for one (1) or more of the uses permitted by ordinances approving particular planned office parks and under single ownership or, alternatively, under single management control by one (1) Board of Trustees pursuant to a single trust indenture in compliance with Section 405.990 herein. When a street would run through a proposed planned office park development so as to divide an otherwise contiguous area, the Board of Aldermen may, after a recommendation by the Planning and Zoning Commission deem the proposed area to constitute one (1) development if it finds it would enhance the project and would not be detrimental to the general welfare.
A structure whose principal use is for the housing of students, faculty and guests and is directly related to a "major educational use" as defined in Section 405.695.
A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
Office uses include business or professional offices, medical offices or clinics, and all other customary office uses.
Uses which are dependent on, incidental to, or affiliated with one (1) or more permitted uses within the Planned Office Park District, and which are designated as permitted, accessory or conditional uses in the Office or Campus Office Districts in Article XI (Sections 405.550 — 405.610) of this Chapter.
A shelter or storage structure for automotive vehicles, which provides parking or storage facilities in excess of that required for and not associated with approved uses for the lot or development on which it is located.
Uses occupying floor area within an office structure in planned office parks, which uses are not designated as permitted, accessory or conditional uses in the Office or Campus Office Districts in Article XI (Sections 405.550 — 405.610) of this Chapter, and which uses are intended primarily to serve the tenants of the permitted office uses.
Section 405.935 Procedure For Establishment of A Planned Office Park.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16015), 11-13-1989]
A.
A planned office park may be established on one (1) development in single ownership or management control, provided that:
1.
An application for a change in zoning, if required, is approved by the Board of Aldermen after a report from the Planning and Zoning Commission;
2.
A preliminary site development plan is approved by the Board of Aldermen after a report from the Planning and Zoning Commission; and
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 this Chapter and the enabling ordinances for the particular planned office parks.
4.
In annexed areas where plans were approved by St. Louis County prior to annexation, which plans do not comply with bufferyard, landscaping, off-street parking, loading, lot area, green space, natural resource protection, or other standards for the POP District, the Planning and Zoning Commission may review and the Board of Aldermen may approve such plans in place of the preliminary site development plan and final site development plan otherwise required herein, upon finding that:
B.
Failure to comply with the time limits for presentation of a final site development plan or with the schedule for construction in accordance with the requirements of this Chapter and the specific ordinances for particular planned office parks may, in the discretion of the Board of Aldermen, result in revocation of the ordinances.
Section 405.940 Rezoning of Property To Planned Office Park District.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16021), 11-13-1989]
A.
Initiation Of Requests For Rezoning. Requests for rezoning of property to the Planned Office Park District may be initiated by either the owner of the subject property or its agent or the City, in accordance with the requirements for rezoning set forth in Section 405.290 of this Zoning Code.
1.
Petition by the owner or his/her agent.
a.
Petitions for rezoning by the owner of the subject property or its agent must be accompanied by a preliminary site development plan reflecting the proposed use(s) of the property, in accordance with Section 405.945 herein. The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance a zoning district classification other than that requested in a petition for rezoning.
b.
In annexed areas, in lieu of said preliminary site development plan, the applicant may submit plans for the subject property, which plans were approved by St. Louis County prior to annexations, but which do not comply with either the requirements of Section 405.945 or standards for the POP District.
2.
Motion by the City. A Planned Office Park District may be established by ordinance of the Board of Aldermen in accordance with Section 405.290 of this Zoning Code, when the Board determines that particular tracts or areas should be developed for office uses, but because of possible conflicts with adjoining uses, more flexibility and/or development control is necessary to protect the general welfare than is possible under the regulations of other zoning districts.
B.
Referral, Report And Public Hearing On Requests For Rezoning. As required in Article VII, Section 405.290 of this Zoning Code, any proposed change in the boundaries of zoning districts shall first be referred or submitted to the Planning and Zoning Commission for its recommendations and report. After the Commission submits its report to the Board, the Board shall hold a duly publicized public hearing in accordance with Article VII, Section 405.290 of this Chapter.
Section 405.945 Site Development Plan For Planned Office Parks.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16022), 11-13-1989]
B.
An application for a planned office park must be accompanied by a preliminary site development plan complying in all respects with Article VII , Section 405.260(1) of this Chapter, except for the following items, which are not required for preliminary site development plans for planned office parks, unless specifically requested by the Planning and Zoning Commission or the Board of Aldermen:
1.
Section 405.260(1)(a)(1)(k) (exterior sign design);
2.
Section 405.260(1)(a)(1)(l) (exterior lighting location, height, and intensity);
3.
Section 405.260(1)(a)(1)(o)(ii) (type and size of all trees and shrubs used in landscaping);
4.
Section 405.260(1)(a)(3)(a)(vi) (location and dimensions of existing and proposed curb cuts);
5.
Section 405.260(1)(a)(3)(d) (landscaping plan illustrating all proposed deciduous and evergreen trees, ground cover and other landscaping elements);
6.
Section 405.260(1)(h) (color photograph and/or rendering of proposed building(s) and elevation views).
C.
A preliminary site development plan shall be reviewed by the Planning and Zoning Commission in accordance with Article VII, Section 405.260 of this Chapter, taking into consideration all general planning considerations, including consistency with good planning practice and compatibility with adjoining community developments and uses, particularly residential uses. At any time, the Planning and Zoning Commission may require that the owner or its agent who has submitted an application for a planned office park submit a revised preliminary site development plan affecting any or all of the conditions that the Planning and Zoning Commission may recommend to the Board of Aldermen. Such a revised preliminary site development plan must be presented within six (6) months of the date the request therefor is made by the Planning and Zoning Commission, or the application shall be deemed withdrawn. This six (6) month period may be lengthened by the Planning and Zoning Commission.
D.
A recommendation of approval of a preliminary site development plan for a planned office park by the Planning and Zoning Commission shall include those conditions the Commission recommends be included in an ordinance authorizing the Planned Office Park District and/or approval of a site development plan for a planned office park. The Planning and Zoning Commission report, and any ordinance by the Board of Aldermen authorizing a planned office park, shall include, at a minimum, regulations and/or conditions relating to:
1.
Permitted uses.
2.
Permitted incidental uses, if any.
3.
Special ancillary uses, if any.
4.
Site access.
5.
Maximum floor area for each permitted use and ancillary use.
6.
Performance standards.
7.
Height limitations.
8.
Minimum bufferyards.
9.
Minimum setbacks from streets, internal drives, front, side and rear yards, parking areas, loading spaces, and structures.
10.
Minimum green space.
11.
Landscaping requirements.
12.
Off-street parking and loading.
13.
Signs.
14.
Lighting.
15.
Fences.
16.
Stormwater and erosion control, including a provision for special assessments for stormwater and erosion control.
17.
Minimum requirements for final site development plan.
18.
Other required on- and off-site improvements.
19.
Time limitations for commencement, and completion of construction, and phasing of development, if appropriate.
20.
Trust indenture, if required. (A trust indenture is required for approval of final site development plan only. A preliminary site development plan need not be accompanied by a trust indenture for approval.)
E.
The Planning and Zoning Commission shall review a revised preliminary site development plan reflecting the conditions that the Planning and Zoning Commission may recommend to the Board of Aldermen prior to submitting a proposed planned office park to the Board of Aldermen with the recommendation of approval. If the owner or its agent fails to submit such a revised preliminary site development plan within six (6) months after it is requested by the Planning and Zoning Commission, the application shall be deemed withdrawn. The Planning and Zoning Commission may waive the required revised preliminary site development plan, or extend the six (6) month period for submitting the revised preliminary site development plan.
G.
At any time after the Planning and Zoning Commission has submitted its recommendations and report to the Board of Aldermen, the Board of Aldermen may require that the owner or its agent who has submitted an application for a planned office park submit a revised preliminary site development plan reflecting any or all of the conditions that the Planning and Zoning Commission has recommended or the Board of Aldermen may impose in an ordinance authorizing that planned office park. Such a revised preliminary site development plan must be presented within six (6) months of the date the request therefor is made by the Board of Aldermen, or the application shall be deemed withdrawn. This six (6) month period may be lengthened by the Board of Aldermen.
H.
The Board of Aldermen, after receiving the recommendations of the Planning and Zoning Commission, may accept, reject, or modify those recommendations in accordance with provisions set forth in Article VII (Sections 405.230 — 405.300) of this Chapter, except that, unless expressly required by the Board, architectural review required by Section 405.260(5) need not occur simultaneously with consideration by the Board of the preliminary site development plan. Any ordinance approving a preliminary site development plan for a planned office park shall direct the applicant to prepare a final site development plan reflecting the regulations and conditions imposed by the Board.
I.
A final site development plan must be presented to the Board of Aldermen within twelve (12) months of the date of the ordinance approving the preliminary site development plan. Upon application, the Board of Aldermen may, in its discretion, extend the twelve (12) month period for filing a final site development plan. In no event shall the Board extend the twelve (12) month period to more than thirty-six (36) months. Failure to submit a final site development plan which reflects compliance with the conditions contained in the ordinance approving the preliminary site development plan within the time prescribed herein shall be deemed a withdrawal of the application for site plan review.
J.
After review of the final site development plan by staff, the Board of Aldermen shall review and may approve by ordinance a final site development plan and trust indenture. The Board of Aldermen shall make an architectural review of a proposed planned office park simultaneously with consideration by the Board of the final site development plan in accordance with the standards set forth in Section 405.260(5).
K.
Site improvement permits may be issued, in the discretion of and under conditions imposed by the Director, after approval of a preliminary site development plan for particular planned office parks.
L.
No building permits shall be issued, and no structural construction shall commence, in existing or proposed planned office parks, until the 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.
Section 405.950 Permitted Uses.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16030), 11-13-1989; Ord. No. 3491 §2, 1-12-2010]
A.
Permitted Uses. The following uses are permitted in the Planned Office Park District:
1.
Office uses, including business or professional offices.
2.
Medical offices or clinics.
3.
Hotels and one (1) dormitory in planned office parks containing at least fifty (50) acres, providing, however, that any dormitory must be located on a parcel that is within two hundred fifty (250) feet of a major educational campus.
4.
Telephone switching stations occupying interior floor space approved for office development, provided they are wholly enclosed, have no effect on the exterior of the office buildings and require no permanent employees.
B.
Permitted Incidental Uses. In addition to and only when dependent on, incidental to, or affiliated with one (1) or more permitted uses set forth in the ordinances for particular planned office parks, other uses which are defined in the conditions of the ordinances governing particular planned office parks, and which are designated as permitted, accessory or conditional uses in the Office or Campus Office Districts in Article XI (Sections 405.550 — 405.610) of this Chapter, are permitted incidental uses in the Planned Office Park District. In addition, in the discretion of the Planning and Zoning Commission and the Board of Aldermen, the ordinances for particular planned office parks may authorize parking structures which serve other permitted uses within particular planned office parks. Public garages are not a permitted use or a permitted incidental use.
C.
Special Ancillary Uses. Special ancillary uses, as defined in Section 405.930 herein, may be approved by ordinance with such conditions as imposed by the Board of Aldermen. At the discretion of the Board of Aldermen, floor area for a planned office park development may be allocated to special ancillary uses up to a maximum of ten percent (10%) of the floor area authorized in the original ordinances for that planned office park development. Approved special ancillary uses must occupy floor area within an office or a parking structure.
D.
Cumulative Uses. More than one (1) permitted land use may exist concurrently in one (1) development provided all other requirements of this Chapter are met.
E.
Approved Hotel And Commercial Uses In Annexed Areas. Hotel and commercial uses in office developments that were approved by St. Louis County prior to annexation shall be deemed permitted uses in the POP District, provided that such hotel and commercial uses comply with the plans so approved prior to annexation, except that any restaurants shall be required to apply for and be granted a conditional use permit. The square footage devoted to such hotel and commercial uses shall not be included in the calculation of floor area of a planned office park development for purposes of determining the amount of floor area that may be allocated to special ancillary uses.
Section 405.951 Conditional Uses.
A.
Satellite earth stations less than two (2) meters in diameter shall be a permitted use in any Planned Office Park District. Satellite earth stations equal to or greater than two (2) meters in diameter shall be a conditional use as provided in Section 405.225 of this Chapter.
B.
Telecommunications facilities shall be a conditional use in any Planned Office Park District as provided in Section 405.220 of this Chapter.
C.
Medical Marijuana Cultivation Facility (indoor only), as provided in Section 405.227 of this Chapter.
D.
Medical Marijuana-Infused Products Manufacturing Facility, as provided in Section 405.227 of this Chapter.
E.
Marijuana Testing Facility, as provided in Section 405.227 of this Chapter.
[Ord. No. 4581, 7-24-2023]
[1]
Editor's Note: Ord. No. 4299 also changed the title of this Section from "Satellite Earth Stations and Telecommunications Facilities" to "Conditional Uses."
Section 405.955 Temporary Uses.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16040), 11-13-1989; Ord. No. 2199 §§2 — 3, 5-11-1998]
A.
Authorization. Temporary uses are permitted only as expressly provided in this Section and shall comply with the requirements of Section 405.240.
1.
The following temporary uses are permitted subject to the regulations and standards set forth below and further subject to requirements specified in this Chapter:
a.
Contractors' offices or temporary buildings related to construction provided that such buildings:
(1)
Are incidental to the construction project on the same development as temporary building and do not contain sleeping or cooking accommodations;
(2)
Are not located closer than thirty-five (35) feet to any exterior perimeter property lines of the development; and
(3)
Are removed upon completion of the construction project.
b.
Temporary parking and access roads related to construction provided:
(1)
Such temporary parking is incidental to a construction project on the same development and is used solely to provided parking displaced during the period of construction and/or parking needed for construction itself;
(2)
Such temporary parking areas are not located closer than fifty (50) feet to any exterior perimeter property lines;
(3)
Such temporary access drives may connect only to permanent drives. Curb cuts through public right-of-way to a street are prohibited;
(4)
Within a reasonable time not to exceed sixty (60) days after completion of permanent parking displaced during construction, use of temporary parking is to be terminated, except for parking needed for construction itself; and
(5)
Within a reasonable time not to exceed ninety (90) days after completion of construction, temporary parking and access drives are to be removed.
c.
Public interest events such as outdoor concerts and auctions.
Section 405.960 Minimum Landscaping and Bufferyard Standards For Planned Office Park District.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16050), 11-13-1989]
A.
Interpretation. The standards set forth below are minimum standards. More restrictive standards may be imposed as conditions to approval of a site development plan for particular planned office parks.
B.
Bufferyard Standards.
1.
The following bufferyard standards apply depending on the location of the lot or site or use being made thereof. The letter designations contained in the tables below refer to the bufferyard requirements and standards contained in the table of bufferyard standards set forth in Article VIII (Sections 405.310 — 405.350) of this Chapter.
DISTRICT BOUNDARY BUFFERS Adjacent Zoning District | |||||||||
|---|---|---|---|---|---|---|---|---|---|
E | SE | SL | SM | CO | O | C | ME | H | |
D | D | C | B | — | — | A | D | — | |
2.
Street buffers. The following bufferyards are required for non-residential uses along the street indicated:
Major Street | Minor Street | Local Street | |
|---|---|---|---|
D | C | C |
C.
Landscaping In Standards For Planned Office Parks. Each acre of non-wooded landscaped surface that exists on a development in those areas not designated as parking areas or bufferyards shall contain fifteen (15) plant units, as defined in Section 405.325. An additional requirement that one (1) plant unit be planted per each one hundred (100) feet of building perimeter.
D.
Landscaping Standards For Parking Lots. For every twenty-four (24) parking spaces a parking lot shall contain three (3) plant units, as defined in Section 405.330, in landscaped areas. Adjoining entrance drives and circulation drives shall also contain three (3) plant units, as defined in Section 405.330, in landscaped areas aggregating nine hundred seventy-two (972) square feet for every eight thousand (8,000) square feet of drive or road area.
E.
Massing Of Plant Units. As long as the numbers of plant units required by this Chapter are provided, the Planning and Zoning Commission may recommend, and the Board of Alderman may approve, alternative collection or massing of landscaping materials.
Section 405.965 Minimum Off-Street Parking and Loading Requirements.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16060), 11-13-1989]
A.
Interpretation. The standards set forth below are minimum standards. More restrictive standards may be imposed as conditions to approval of a site development plan for particular planned office parks.
B.
All parking spaces shall be located behind the setback lines unless indicated otherwise in this Chapter, or unless otherwise approved in the site development plan.
C.
All uses shall provide parking spaces as indicated below:
Use | No. of Spaces Based on Maximum Capacity | ||
|---|---|---|---|
Auditorium or gymnasium | 3 ⅓ per 1,000 square feet of GFA | ||
Church | 2 per 5 seats | ||
Day care center | 1 for each teacher and employee, plus 1 for each 6 students | ||
General office | 4.2 per 1,000 square feet of GFA | ||
Library | 5 per 1,000 square feet of GFA | ||
Medical or dental | 8 per 1,000 square feet of GFA | ||
Private club | 1 per 3 members | ||
Public building | 1 per employee, plus 1 for each 4 seats in assembly halls | ||
Public utility | 1 per employee facility | ||
Recreational use | 1 per 3 patrons, plus 1 for each employee | ||
Restaurant, service | 20 per 1,000 square feet of GFA | ||
School | |||
a. | Elementary and Junior High | 1½ for each classroom and separate office, plus 1 for each 8 students | |
b. | Senior High | 1½ for each classroom and separate office, plus 1 for each 4 students | |
D.
Off-Street Loading Standards. Any use with a gross floor area of six thousand (6,000) square feet or more must provide off-street loading facilities in accordance with the requirements specified below.
Gross Floor Area in Square Feet | Number of Spaces Required | |
|---|---|---|
6,000 — 60,000 | 1 | |
60,000 — 200,000 | 2 | |
Over 200,000 | 3 |
F.
Reductions in required off-street parking spaces may be permitted as a part of site development plan approval procedures, subject to procedure and standards in Section 405.340.
G.
For uses not identified in Subsection (C) herein, the Planning and Zoning Commission shall recommend the number of parking spaces to be required based on maximum capacity to the Board of Aldermen. The Board of Aldermen shall determine the required number of parking spaces for a particular use, and the requirement of that number of parking spaces shall be set forth as a condition to approval of a site development plan for the commercial/office park.
H.
Credit For Duplicated Parking Requirements. Where parking spaces required for one use duplicates the parking spaces required for another use on the same development, upon application and as part of site plan review, the Planning and Zoning Commission may recommend, and the Board of Aldermen may approve, a reduction in the number of required parking spaces commensurate with the amount of duplication.
Section 405.967 Floor Area Percentage Requirements For Planned Office Park (POP) District.
[Ord. No. 2262 §§1 — 2, 10-12-1998]
A.
In order to protect the public health, safety and welfare by mitigating impacts of traffic resulting from planned office park development, floor area percentage for any planned office park development shall be a maximum thirty percent (30%) except as may otherwise be allowed below.
B.
If the proposed office park development under review by the City serves as access for sites that have a floor area percentage other than thirty percent (30%), the maximum floor area percentage for the area within the City of Town and Country shall be such percentage which will bring the entire development, including the access area, to thirty percent (30%) except as may otherwise be allowed below.
C.
Upon application, the Planning Commission may recommend and the Board of Aldermen may approve a variance for a specific floor area percentage greater than that specified above (up to a maximum of thirty-five percent (35%)) if the following findings are made:
1.
The proposed planned office development has or will have improvements that will significantly mitigate traffic congestion, such as signalization, roadway improvements, and additional ramps or roadways providing direct access to interstate highways or major arterial roadways that connect to interstate highways, and
2.
The proposed planned office park development includes:
D.
This Section shall not apply to any development, any phase of a multiple phase development, or any contiguous development under common ownership or common management control, when, as of October 12, 1998:
1.
The ordinance establishing the Planned Office Park (POP) District for such development, and the final site development plan for such development, have been finally approved and adopted by the Board of Aldermen; or
2.
Said development or contiguous development under common ownership or common management control is more than fifty percent (50%) developed.
E.
This Section shall also not apply to any tract of land which, as of October 12, 1998, is zoned Planned Office Park (POP) and which is subject to a purchase agreement to which the City is a party.
Section 405.970 Lot Area and Yard Requirements.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16100), 11-13-1989; Ord. No. 2431 §2, 2-16-2000]
A.
The lot area, development limitation and yard requirements for land uses in this district shall be as follows:
1.
Minimum lot area. Planned office parks must be on a development consisting of at least one (1) acre. Lot and development dimensions shall be sufficient to meet other requirements set forth in this Section or in the conditions of the ordinances governing particular planned office parks.
2.
Green space requirement. Minimum green space per development is fifty-five percent (55%). Preliminary or final site development plans approved by the Board of Aldermen prior to the enactment of this Section need only comply with the minimum green space requirement in effect at the time of such approval, unless an amendment to the development plan is proposed which the Commission deems significant under the provisions of Section 405.260 of this Code.
Section 405.975 Natural Resource Protection Standards.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16105), 11-13-1989]
The natural resource protection standards set forth in Section 405.335 shall apply to planned office parks.
Section 405.980 Sign Regulations.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16106), 11-13-1989]
Specific sign regulations shall be established in the conditions of the ordinances governing particular planned office parks in accord with the provisions of Chapter 420 of this Title. However, in no instance shall these requirements be less restrictive than sign regulations for the office district.
Section 405.985 Guaranty of Improvements.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16110), 11-13-1989]
A.
Unless otherwise provided for in the conditions of the ordinances approving particular planned office parks, no building permits, or permits authorizing the occupancy or use of any building or facility shall be issued until the required on-site and related off-site improvements are constructed, or a performance bond, escrow, or other acceptable security approved as to form by the City Attorney and in all other respects by the Director is posted guaranteeing the construction of required related on-site or off-site improvements.
B.
Temporary building permits or other authorizations may be issued by the Director to permit the completion of required on-site or related off-site improvements pursuant to this Section.
C.
Required related off-site improvements may include, but are not limited to, streets, sidewalks, sanitary and storm sewers, street lights, and street trees. If a Planned Office Park District is developed in phases, this 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 the area of such phase.
D.
Unless otherwise expressly provided herein, the provisions of the City's subdivision regulations respecting the installation or guaranty of subdivision improvements and the inspections thereof, together with the permits and fees required therefor, shall be applicable to the installation or guaranty of improvements under this Section.
Section 405.990 Trust Indenture Requirements.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(16120), 11-13-1989]
A.
Whenever an applicant files an application for a development of a planned office park and the development is subdivided into two (2) or more individual lots, the applicant shall submit a proposed trust indenture as to all of the land within the development for approval by the Board of Aldermen. The Board of Aldermen shall not approve a final site development plan without an approved trust indenture. All trust indentures and amendments thereto must be approved by the City of Town and Country and recorded in the office of the Recorder of Deeds in St. Louis County, Missouri.
B.
Trust indentures are private agreements among the owners of property within planned office parks to ensure proper use, development, and improvement consistent with the City ordinances, in particular, the ordinances for particular Planned Office Districts. The City is not responsible for the enforcement of the covenants, conditions or restrictions in said trust indentures. The covenants, conditions and restrictions set forth in the trust indenture are to run with the land, binding assigns and successors in interest.
C.
Trust indentures for Planned Office Districts shall provide for:
1.
Property. A trust indenture shall include a legal description of the property subject to it. Where the description of land subject to a trust indenture changes, the trust indenture shall be amended to include the correct legal description. Such amendments must be reviewed and approved by the City of Town and County.
2.
Common ground. A trust indenture shall provide for property for the common use and enjoyment of the owners and/or lessees of buildings within a Planned Office District, including but not limited to, parks, lakes, median strips, lighting, streets, pedestrian ways, sidewalks, entrance ways, drainage areas, stormwater control easements and all above and below ground facilities used in connection with those easements and landscaping.
3.
Board of Trustees.
a.
Election. A trust indenture shall provide for election of the Board of Trustees consisting of at least three (3) members elected from among the owners and lessees of building space or duly authorized representatives of owners and lessees of building space within a planned office park. The process for election of trustees by owners and lessees of building space within a planned office park shall be equitable and shall be defined in the trust indenture. Each trustee shall serve an initial term of no less than one (1) nor more than three (3) years. If authorized by trust indenture, trustees may serve successive terms.
b.
Powers. The Board of Trustees shall be charged with the duty under this Chapter and under such trust indenture to maintain all streets, common areas and any other areas or structures for the common use of the tenants or owners of property. The Board of Trustees is to ensure that the above-described areas and structures shall be maintained in compliance with the ordinances of the City of Town and Country and in such manner that such areas and structures will remain attractive and useful to the owners and tenants of the property within such site and shall not be injurious to the health, safety and welfare of residents of surrounding areas or be detrimental to property values of land and improvements within the site or in surrounding areas. The Board of Trustees shall have the right, power, and responsibility to enforce the provisions of the trust indenture and the ordinances pertaining to that planned office park. Action by the Board of Trustees shall be made by majority vote. The Board of Trustees shall have the power to authorize assessments. The subdivider may not assess lot owners for items that are within their required initial installation of the subdivision. The Board of Trustees shall be vested with the power to dedicate streets to a public body. No authority or power conferred on the trustees by the trust indenture to comply with the provisions of this Chapter may be abrogated.
c.
Interim trustees. If a trustee ceases to be an owner of a lot or duly authorized representative of an owner of a lot in the planned office park, resigns, or becomes otherwise unavailable to act as a trustee, the owner shall elect an interim trustee to serve for the remainder of that trustee's term within thirty (30) days. If the owners fail to elect an interim trustee within thirty (30) days, the remaining trustees shall appoint an interim trustee to serve the trustee's term.
4.
Special assessments for stormwater control easements. In addition to the annual assessments authorized for the above purposes, the trustees shall make an annual special assessment in a sum prescribed by the ordinances for particular planned office parks for the purpose of repairing, operating, maintaining and establishing appropriate reserves for repairing, operating and maintaining the stormwater control easements, including all underground and above-ground facilities, pipes and detention facilities used in connection therewith, and access easement to such stormwater control easements (herein referred to as "stormwater control easements"). The assessment shall be levied until the earlier of the collection of a sum prescribed by the enabling ordinances for particular planned office parks or the acceptance by the Metropolitan Sewer District of the stormwater control easement for the maintenance of the stormwater improvements located herein.
D.
Approval Of Trust Indenture. Such indenture shall be approved by the Board of Aldermen upon advice from the City Attorney, and shall be recorded with the Recorder of Deeds of St. Louis County, prior to the issuance of any building permit. The indenture shall contain a provision that no change shall be made in the terms of the trust indenture without the approval of the Board of Aldermen.