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HomeMy Public PortalAboutCity of BallwinBILL NO. aI/S ORDINANCE NO. %0'{ INTRODUCED BY ALDERMEN EASTER, BYATT, BUERMANN, SUOZZI, CUMMINS, NICHOLS, HUDDLESTON and BOLAND AN ORDINANCE AMENDING ORDINANCE NO. 557 OF THE CITY OF BALLWIN, KNOWN AS "THE ZONING ORDINANCE" BY THE ADDITION OF A NEW R-5 PLANNED INFILL MULTIPLE FAMILY ZONING DISTRICT. WHEREAS, the Board of Aldermen has determined that certain properties within the City of Ballwin might define higher uses by amending the Zoning Ordinance of the City of Ballwin; and WHEREAS, a proposed change to the Zoning Ordinance was submitted to the Zoning Commission of the City of Ballwin; and WHEREAS, the Zoning Commission unanimously approved the proposed change; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN, ST. LOUIS COUNTRY, MISSOURI, AS FOLLOWS: Section I. Ordinance No. 557 of the City of Ballwin, known as "The Zoning Ordinance," is amended by deleting Article VIII entitled Multiple Dwelling District Regulation and substituting therefore a new Article VIII entitled Planned Infil1 Multiple Family Dwelling District as set forth in the attached Exhibit 1, incorporated herein by reference; Section 2. All Ordinances or parts of Ordinance in conflict herewith are to the extents of such conflict repealed. Section 3. and approval. This Ordinance shall take effect and be in full force from and after its passage PASSED THIS a6 al DAY OF a EDWARD L. MO APPROVED THIS -26 DAY OF ATTEST: Robert Kuntz, City Ac�ti}6iistrator , 1998. Mayor , 1998. EDWARD L. N_ONTGpMERY, I�tayor PIMZON.DOC ARTICLE VII. R-5 Planned Infill Multiple (PIM) Family Dwelling District Regulations Purpose: The regulations set forth in this article are the regulations of the R-5 planned infill multiple family dwelling district (PIM). These regulations are established with the purpose of providing modem, imaginative and site -appropriate opportunities for architectural design, site arrangement and city planning for certain areas and parcels of land within Ballwin. Utilization of this zoning district is intended to facilitate the development of vacant or underutilized parcels of land that are typically surrounded by a mixture of existing and viable developments. These parcels may be suitable and appropriate for multiple family land uses , but cannot be developed under the provisions of the R-4 Planned Multiple Family Dwelling district due to one or more of the following issues: small size, unique character, unusual shape, topographic limitations or inappropriate zoning. These parcels of land shall be identified and established by the Board of Aldermen by ordinance and approval of a preliminary site development plan after a report and recommendation from the Zoning Commission in accordance with Article XXIII. Amendments of the Ballwin Zoning Ordinance. Section 1. Application for Planned Infill Multiple Family Dwelling District. The owner or owners of any tract of land comprising an area of not more than two acres may petition the Board of Aldermen for the establishment of a Planned Infill Multiple Family Dwelling District (PIM). The application shall include the following: 1.The legal description of the property being requested for the zoning district change. 2. A vicinity map drawn at a scale of not less that 1:1000 showing the location of the parcel(s) contained in the legal description. 3. A copy of the official record of ownership of the property (deed). 4. Evidence of legal interest in the property to allow a petition for rezoning and development if the petition is not submitted by the owner. 5. A statement of the petitioner's experience and background in multiple family real estate development and residential construction. 6. A fully executed and notarized Ballwin petition form with all required information provided. 7. A preliminary site development plan with accompanying documentation and materials as needed to show the following: • the out boundaries, bearings and dimensions of the property described in the legal description " the existing and proposed topography of the site at no less than 2 foot intervals " all proposed buildings, pavement and other site improvements " all drainage facilities and a clear indication of the post development drainage patterns within the site and from the site onto adjoining properties " a preliminary computation of pre and post development runoff characteristics of the site showing discharge rates and directions " a preliminary computation of the size, location and discharge rate of any detention basin " all parking facilities " all landscaped and open areas to remain undeveloped " the number of dwelling units proposed, the floor area of each unit and sufficient information about the height of each unit to verify that it will comply with the height regulations of the district " a computation of the total land area used for buildings, pavement, recreation areas and open space Section 2. Review Process 1. A petition for a Planned Infill Multiple Dwelling District rezoning shall be reviewed according to the general process outlined in Article XXI II of the Ballwin Zoning Ordinance. The preliminary site development plan shall be reviewed in accordance with the general process outlined for Special Use Exceptions in Article XIV. Section 3. Application /Petition Procedure (1) - (5) of the Ballwin Zoning Ordinance. The particular code requirements of Article XIV shall be deemed to reference the particular code requirements of this article. 2. Once the Board of aldermen holds a public hearing, it shall decide if the PIM district zoning change and the preliminary site development plan shall be approved. Both must be accepted and/or approved at the same time. 3. The zoning change and the preliminary site development plan shall be approved for a period of one hundred twenty (120) calendar days following the date of approval. In that time, the developer shall submit a final development plan with final engineering which is substantially in accordance with the approved preliminary development plan. The failure of the petitioner to submit a final development plan within the 120 day period shall result in the automatic revocation of the preliminary site plan approval and reversion of the zoning classification to the previous district classification(s). Section 3. Parcels 1. No parcel or groups of parcels of land shall be considered for a PIM district classification which is greater than two (2) acres in size. 2. Multiple parcels of land may be submitted as a single petition. A single development plan shall be separately but simultaneously submitted for each parcel. Setback regulations shall apply on a parcel by parcel basis. Section 4. Use Regulations A building or premises in the PIM district shall only be used for the following purposes: 1. Multiple family dwelling units including owner occupied and rental units 2. Accessory buildings and structures and spaces customarily incidental to the allowed uses 3. Open space that is permanently dedicated and guaranteed in perpetuity, by covenant, to stay in an open space configuration Section 5. Height Regulations 1. Maximum Height: The maximum height of any structure in the PIM district shall be the mean of the maximum structure heights allowed in all of the adjoining districts. In no case shall the maximum height exceed forty five (45) feet. 2. Setback Height: The maximum height of any structure, including fences, within the required yard setback from any property line abutting a non PIM district or a publicly dedicated roadway shall be eight (8) feet. Except as outlined herein, the height of any part of any structure shall not exceed the distance of that portion of the structure from the property line plus eight (8) feet. Section 6. Yard Setback Regulations All yard setbacks shall be the same as those of the R-2 Single Family Dwelling district except as follows: 1. Side and rear yard setbacks in the PIM district for such yards abutting single family residential districts shall be the same as that required in the abutting residential district for the same yard setback. (example: a PIM side yard abutting a R-1 district shall have a ten (10) foot side yard which is the side yard required in the R-1 district. In the case of a PIM rear yard abutting the R- 3 district, the required rear yard would be fifteen (15) feet, the rear yard of the R-3 district) 2. No front yard shall be used for parking, although driveways providing access to other portions of the site that do not exceed sixteen (16) feet in width and are not planned as parking areas may be placed within a required front yard. 3. No paved or impervious surfaces of any kind, including but not limited to driveways, sidewalks, patios, parking areas, etc., shall be allowed within the required minimum side and rear yard setback areas. These shall be preserved exclusively for landscaping and green space buffers. 4. For the purpose of interpreting and enforcing the yard requirements of this article, the entire area included within the PIM site development plan shall be considered as a single lot and the only front, rear and side yards that need to be observed are those provided for in subsection (2) of Section 3 and subsection (7) of section 1 of this article. Section 7. Intensity of Use 1. A minimum land area per dwelling unit of 2750 square feet must be provided within any PIM development in which there is constructed, or created by the conversion of an existing structure originally intended for a different purpose, multiple family dwelling units. The petitioner may request approval of a plan with more land area per dwelling unit. The Board of Aldermen may limit the number of dwelling units to less than the theoretical maximum provided by this section if it is determined that such limitation is in the best interests of the community. 2. No single building shall have more than six (6) individual dwelling units. 3. No individual dwelling unit shall have less than nine hundred (900) square feet of living area not including unfinished spaces such as basements, attics, storage areas, and vehicular parking spaces. 4. The average living area of all dwelling units within a PIM district development shall be no less than one thousand (1000) square feet. 5. More than one building shall be allowed on a single parcel. 6. Where multiple buildings are proposed for a single parcel of land, there shall be a minimum spacing between such buildings of thirty (30) feet. Section 9. Internal Vehicular Circulation and Parking 1. Any internal roadway which connects to two (2) or more existing or proposed public roadways, including two connections to the same roadway, which, because of their design and placement are subject to frequent utilization by the general public, shall be built to minimum public roadway, right-of-way and construction standards as set out in Chapters 24 and 25 of the Ballwin Code of Ordinances and shall be dedicated as a public roadway. Frontage on such roads shall meet all front yard regulations of this article. 2. Internal roadways and drives serving only the residents of the development shall be built to commercial parking lot pavement and dimensional standards and shall be a minimum of eight (8) feet wide for one-way flow and a minimum of sixteen (16) feet wide for two-way flow. Such roadways and drives shall be the maintenance responsibility of the property owner, or his / her / its assigns, heirs or successors. 3. Parking shall be provided at a rate of two (2) enclosed garages per dwelling unit plus one (1) and one half (1/2) visitor spaces per dwelling unit. All parking spaces shall meet minimum Ballwin and ADA standards of design. No on -street parking within any publicly dedicated right-of-way shall be considered toward meeting this parking requirement. 4. All driveways and parking areas shall be built in accordance with the design standards specified for commercial parking areas provided in Article XX of the Ballwin Zoning Ordinance. Section 10. Recreation 1. A minimum of 10% of the total land area of the PIM site development plan shall be devoted to active recreational amenities. (example: swimming pools, tennis and basketball courts, trails, playgrounds, etc.) Such facilities shall be available to all residents of the development. 2. As an alternative to dedicating a portion of the development for active recreational amenities, the petitioner may elect to pay a fee in lieu thereof. The amount of such fee shall be determined in accordance with the provisions of Chapter 25, Article IV, Section 25-124 of the Code of Ordinances of the City of Ballwin. If this option is chosen, such fee shall be paid prior to the issuance of any grading, development or building permit. Section 11. Open Space 1. A minimum of twenty five (25) percent of the total land area of a PIM development petition shall be devoted exclusively to open space. Dedicated open space areas shall not include any sidewalk, driveway, roadway or other paved area, however, unenclosed and uncovered patio type areas developed at grade level and all spaces designated as active recreational amenities shall be counted toward the open space requirement. Hallways, porticos, and other interior and covered common areas shall not be included in the definition of open space. Section 12. Storm Water Control 1. Runoff: All parcels of land developed pursuant to this article shall include plans for the collection and distribution of storm water runoff. Under no circumstances shall the rate of storm water discharge and / or runoff from any portion of a site after development or during the period of development and construction exceed the undeveloped (vegetation only) discharge rate. This provision shall apply on a spot measurement basis at all points around the perimeter of the site and within existing storm water systems as well as on a total site discharge basis. 2. Detention: Detention shall be provided for all differential runoff, regardless of the amount or size of the parcel. Such detention shall be provided on -site, in above ground or buried facilities, in accordance with accepted practices and in compliance with the more restrictive of the regulations of the Metropolitan Sanitary Sewer District or the City of Ballwin as stipulated by Board of Aldermen policy and Chapter 25 of the Code of Ordinances. 3. All detention facility discharge shall be made into existing piped storm water systems. Surface discharge shall only be allowed where no piped system can be utilized within three hundred (300) feet of the site or where significant surface flow -ways such as Fishpot or Grand Glaize Creeks are available. Section 13. Approval of Final Site Development Plan 1. Upon approval of the PIM district and the preliminary site development plan by the Board of Aldermen, the petitioner shall have 120 days to submit a final development plan for review an approval. The final development plan shall cover the entire area of the approved preliminary development plan. 2. The review of the final site development plan shall follow the same process as the review of the preliminary development plan. 3. The Board of Aldermen may not approve a final site development plan that differs substantially from the preliminary site development plan. Should such a plan be submitted it shall be reviewed as an amended preliminary site development plan or it shall be rejected. 4. No building, construction or grading permit shall be issued for any element in the project or any phase thereof that does not conform to the approved final site development plan. During the course of construction, no changes shall be made to the final site development plan unless approved by the Board of Aldermen. 5. If substantial work or construction is not started within one calendar year of the date of the approval of the final site development plan by the Board of Aldermen, all issued building permits shall terminate, no additional permits shall be issued for the project and the Board of Aldermen shall hold a public hearing to consider the rezoning of the parcel(s) or any portion thereof to the zoning district classification that existed prior to the approval of the PIM zoning district change. 6. The resumption of issuance of building permits may be authorized and the time limitations specified in this section may be extended by the Board of Aldermen. Section 14. Recording of Final Site Development Plan Within 120 days of the date of approval of the final Development plan by the Board of Aldermen, the petitioner shall record a copy of said plan in the office of the St. Louis County Recorder of Deeds. No building, construction or grading permits shall be issued until such recording is completed and a copy of the recorded document is provided to the City Planner. Section 15. Amendment of Approved Preliminary or Final Site Development Plan The petitioner or owner of any tract or project for which a PIM district designation and preliminary or final site development plan have been approved, who wishes to depart from the approved preliminary or final site development plan may petition for an "amended preliminary or final site development plan in accordance with section 1 of this article. After recommendation from the Zoning Commission, and a public hearing, the Board of Aldermen may approve an "amended preliminary or final site development plan" which shall be processed as described in this article.