Twin Oaks City Zoning Code
ARTICLE IX
"PD" Planned Development District
Section 400.380 District Regulations.
[Ord. No. 20-21, 12-16-2020]
A.
Intent And Purpose.
1.
The purpose of the Planned Development District is to provide a means of achieving greater flexibility in residential and commercial development of land in a manner not possible in conventional zones; to encourage a more imaginative and innovative design of projects; to promote a more desirable community environment; and to retain maximum control over both the structure and future operation of the development.
2.
The Board of Aldermen, upon receiving recommendations of the Planning and Zoning Commission, may by ordinance authorize a Planned Development 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 standard zoning districts. These planned development regulations are not intended to allow excessive densities or the development of incompatible land uses, either within the development or as the development relates to the general neighborhood.
3.
The City may, upon proper application, approve a planned development for a site of at least two (2) acres to facilitate the use of flexible techniques of land development and site design by providing relief from zoning requirements designed for conventional developments in order to obtain one (1) or more of the following objectives:
a.
Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.
b.
Diversification in the uses permitted and variation in the relationship of uses, structures, open space, and height of structures in developments intended as cohesive, unified projects.
c.
Functional and beneficial uses of open space areas.
d.
Preservation of natural features of a development site.
e.
Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.
f.
Rational and economic development in relation to public services.
g.
Efficient and effective traffic circulation, both within and adjacent to the development site.
B.
Relationship Of Planned Development Districts To The Zoning Map.
1.
A Mapped District. The "PD" designation is intended to be attached to existing use districts as an overlay.
2.
Plan Approval Required. Although the "PD" designation may be applied to parcels of land as a mapped zoning district, it is the intent of this Chapter that no development or redevelopment of the property encompassed by the "PD" designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Section. Any pre-existing uses within the area encompassed by the "PD" designation shall have the status of non-conforming uses, until such time as they are included in an approved development plan.
3.
Overall Development Site Size. In addition to the requirements as outlined above for individual uses within a Planned Development District, the minimum overall site size required for such planned development as a whole shall be two (2) acres.
4.
Types Of Planned Developments.
a.
All areas of the City subject to the "PD" designation shall be assigned one (1) of the following subclassifications which shall be considered a separate use district and subject to the specific restrictions and limitations outlined in this Section.
(1)
Planned Residential Development ("PD-R"): Planned developments involving residential uses only.
(2)
Planned Commercial Development ("PD-C"): Planned developments involving commercial uses only.
(3)
Mixed Use Developments ("PD-MxD"): Planned developments involving a mixture of residential and non-residential uses.
(4)
Planned Development — Light Manufacturing ("PD-RxM"): The following uses are permitted as planned uses in a "PD-RxM" District: marijuana cultivation facility, comprehensive marijuana cultivation facility, medical marijuana-infused products manufacturing, microbusiness wholesale facility, comprehensive marijuana-infused products manufacturing facility, marijuana testing facility, marijuana research facility, or marijuana transportation.
[Ord. No. 23-07, 5-17-2023]
b.
These subclassifications may be designated by the City at the time of the original zoning of the parcel in question or the City may make the designation at the time of development plan application. In the instance of a request for a zoning map amendment, the applicant shall request a specific subclassification; however, it shall be at the discretion of the Board of Aldermen, in light of the recommendations of the Planning and Zoning Commission as well as the surrounding neighborhood, to grant the requested subclassification or require a more restrictive one.
C.
Permitted Uses. The listing of permitted uses within each "PD" subclassification listed in Sections 400.130, 400.190 and 400.280, Use Regulations. If not listed, a conditional use application must be submitted to the City.
D.
Procedures For Planned Development Approval.
1.
Pre-Application Procedure. Prior to filing an application for planned development approval, the prospective applicant shall request a pre-application conference with the City's planning staff. Such request shall include a brief and general narrative description of the nature, location and extent of the proposed planned development and a list of any professional consultants advising the prospective applicant with respect to the proposed planned development. Upon receipt of such request, the City planning staff shall promptly schedule a conference.
2.
Preliminary Development And Final Development Plan Process. Applications shall be submitted to the City office with a request for a zoning district change to Planned Development District. Thereafter, such applications shall follow the process for development plans under Section 400.340(A). The applicant may be required to provide, at the applicant's expense, additional clarification and/or further detail of the preliminary plan as deemed necessary by the Planning and Zoning Commission.
E.
Area Regulations And Performance Standards. The area regulations and performance standards applicable to the individual uses within each planned development by designated subclassification shall be as follows:
1.
Subclassification Requirements.
District | Subclassification Requirement |
|---|---|
Planned Residential Development | Same as those in Sections 400.150 and 400.210 |
Planned Commercial Development | Same as those in Section 400.310 |
Planned Mixed Use Development | Those set out in the above-referenced Sections as applicable to the individual uses contemplated by the plan |
Planned Development — RxM | Same as those in Sections 400.295, 400.310, 400.340 and 400.385. |
2.
Modifications.
a.
The approval of the preliminary development plan may provide for such exceptions from the regulations of the underlying zoning district as may be necessary or desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this Section and have been specifically requested in the application for a planned development and, further, that no modification of the above-referenced regulations would be allowed when such proposed modification would result in:
(1)
Inadequate or unsafe access to the planned development;
(2)
Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;
(3)
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;
(4)
A development which will be incompatible with the proposes of this Chapter;
(5)
Detrimental impact on the surrounding area but not limited to visual pollution.
b.
The burden of proof that the criteria above are not being violated shall rest with the developer and not the staff, Board of Aldermen or the Planning and Zoning Commission.
c.
When existing regulations as referred to in this Section are deemed inadequate or unresponsive to the needs of the Planned Development District, reference may also be had to the City's Urban Design Guidelines as set forth in Appendix A to this Chapter.
Section 400.385 "PD-RxM" District Regulations.
[Ord. No. 20-21, 12-16-2020; Ord. No. 23-07, 5-17-2023]
A.
Intent. Because the City's relatively small size and lack of appropriate land for the use, the City's Zoning Regulations, Comprehensive Plan, and Land Use Map do not identify light manufacturing land uses as permitted. Additionally, while the City has not identified any specific areas in which manufacturing uses are permitted as of right, because the Missouri Constitution was amended to state that, "No local government shall prohibit medical marijuana cultivation facilities, marijuana Testing Facilities, medical marijuana-infused products manufacturing facilities, or medical marijuana dispensary facilities, or entities with a transportation certification either expressly or through the enactment of ordinances or regulations that make their operation unduly burdensome," [Article XIV, Section 1.7(10(a)] of the Missouri Constitution and "no local government shall prohibit marijuana facilities or entities with a transportation certification either expressly or through the enactment of ordinances or regulations that make their operation unduly burdensome in the jurisdiction" [Article XIV, Section 2.5(5)] of the Missouri Constitution, the City has created the "PD-RxM District." The "PD-RxM" District is intended to create a process for high quality light industrial/manufacturing developments that are not of density and intensity that will disturb the quiet enjoyment of the residential neighborhoods and retail commercial establishments, will not contribute to traffic congestion on Big Bend Road or Meramec Station Road, and will be of an intensity, location, and nature so as to be compatible with its surroundings and the City's Comprehensive Plan.
B.
Planned Uses. Any proposed "PD-RxM" District must follow the site development plan review procedure set forth in Section 400.340 and all requirements of Section 400.380, and shall only be permitted for one of the following "non-retail marijuana business" uses:
1.
Medical marijuana cultivation facilities;
2.
Comprehensive marijuana cultivation facilities;
3.
Medical marijuana-infused products manufacturing facilities;
4.
Comprehensive marijuana-infused products manufacturing facilities;
5.
Marijuana testing facilities;
6.
Transportation facilities; or
7.
Microbusiness wholesale facilities.
C.
Development Standards. Any use in this District shall meet the following Standards:
1.
State License Required. All non-retail marijuana businesses (as defined in Section 400.385(B), above) must have the appropriate license and any other required authorization to operate the non-retail marijuana business from the Department to operate in the City. Applicant may seek zoning approval prior to being granted a State license, but no final approval shall be given until such State-issued license has been obtained and satisfactory proof of such licensure has been provided to the City. Continued operation in the City shall always require such licensure to remain valid.
2.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a fence which has been approved through the Development Plan process in Section 400.340.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed or administered on the premises of any non-retail marijuana business except, in a marijuana testing facility when being administered for testing purposes authorized by the Department.
4.
Odor Control And Nuisance. All non-retail marijuana businesses shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 215, Nuisances, of the City Code.
5.
Hours Of Operation. All non-retail marijuana businesses shall be closed to the public between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being approved entry, logged in by building security personnel and obtaining and displaying a visitor pass.
6.
Security. All non-retail marijuana businesses shall be secured and closed to the public between the hours listed in this Subsection, and no persons not employed by the non-retail medical marijuana facility may be present in such facility at any time closed to the public. All non-retail marijuana businesses shall have and maintain security systems, equipment, and procedures at least as stringent as those which are required by State regulations.
7.
Display Of Licenses Required. All non-retail marijuana businesses shall display their license issued by the Department and any and all licenses issued by the City in a prominent place in plain view near the front entrance of the facility as required by State regulations.
8.
Accreditation, Standards, And Procedures — Testing Facilities. Every marijuana testing facility shall, at all times, maintain in good standing their accreditation as required by State regulations, and utilize standards and procedures for personnel and for testing marijuana in all forms which are at least as stringent as those required by State regulations.
9.
Additional Requirements. All non-retail marijuana businesses shall comply with all generally applicable provisions of the Zoning Code of the City of Twin Oaks, all provisions of Article XIV of the Missouri Constitution as well as any and all rules and regulations promulgated by the Department regulating medical and adult-use marijuana, including, but not limited to, security requirements, lighting, parking, record maintenance and retention, and patient verification requirements.
10.
Buffer Strip. A buffer strip of not less than one hundred (100) feet in width shall be provided along any perimeter of a commercial development which adjoins an "A" Single-Family Dwelling District, a "B" Single-Family Attached Dwelling District or a "D" Park District (or equivalent district in an adjoining jurisdiction), except where abutting a public street. No drive, walkway, parking space or vehicular travel way shall occupy any portion of the buffer strip, provided that the Board of Aldermen may require that the buffer strip be supplemented with additional plantings, landscaping and fencing.
11.
Parking And Loading. Off-street parking and loading standards must meet or exceed St. Louis County's requirements for these uses.
12.
Warehousing. No building or premises occupied and used for any of the permitted principal uses identified in Section 400.280 of this Chapter shall have more than forty percent (40%) of its floor area devoted to storage or uses incidental to such permitted principal use nor more than five (5) persons employed at any time in such incidental use.
13.
Height Regulations. A building or structure shall not exceed thirty-five (35) feet in height. Chimneys, rooftop mechanical appurtenances, and other purely ornamental or mechanical accessories shall not be considered for purposes of determining height.
14.
Area Regulations. The minimum area of yards and the minimum lot area shall be as follows:
a.
Rear Yard. No main building or detached garage shall be erected or structurally altered except that it shall be at least fifty (50) feet from the rear of the lot line. An accessory building hereafter erected or structurally altered shall be not less than thirty (30) feet from the rear lot line.
b.
Side Yard. No building or structure shall be erected or altered within thirty (30) feet of the side lot line. Where the side yard is along a street, no building or structure shall be erected or altered within fifty (50) feet of the side lot line.
c.
Front Yard. There shall be a distance of not less than sixty-five (65) feet from the front line of the building to the centerline of any highway or other road passing along the "PD-RxM" District.
d.
Frontage And Lot Area. Any lot within the "PD-RxM" District shall have at least three hundred (300) feet frontage on Big Bend or Meramec Station Road, consist of at least one and one-half (1.5) acres, and a minimum lot width of three hundred (300) feet.
e.
Maximum Impervious Coverage. No building footprint shall exceed more than fifty percent (50%) of the lot area nor shall the total of impervious surface for any lot exceed seventy percent (70%) of the lot area.
15.
Minimum Standards. The minimum standards for site design and building construction, reconstruction or use within a "PD-RxM" area shall be as set forth in Section 400.330.
16.
Screening. Screening of HVAC units, odor control systems, ventilation systems and solid waste (trash) containers, heating, ventilating, air conditioning and/or odor control units shall be fully screened from public view by an element of the building or by a separate, permanently installed screen or fence, extending a minimum of one (1) foot above the equipment, harmonizing with the building in material color, size, and shape. Refuse containers or refuse storage areas shall be hidden from public view, either from within or outside the premises, by means of fences, walls, or landscaped planting harmonizing with the building in color, size, and shape.
17.
Additional Requirements. All marijuana transportation facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating marijuana, including, but not limited to, security requirements, inventory control systems and procedures, waste disposal, lighting, parking, and environmental factors.