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such conflict repealed.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
" t h e e x i s t i n g a n d p r o p o s e d t o p o g r a p h y o f t h e s i t e a t n o l e s s t h a n 2 f o o t
i n t e r v a l s
" a l l p r o p o s e d b u i l d i n g s , p a v e m e n t a n d o t h e r s i t e i m p r o v e m e n t s
" a l l d r a i n a g e f a c i l i t i e s a n d a c l e a r i n d i c a t i o n o f t h e p o s t d e v e l o p m e n t
d r a i n a g e p a t t e r n s w i t h i n t h e s i t e a n d f r o m t h e s i t e o n t o a d j o i n i n g
p r o p e r t i e s
" a p r e l i m i n a r y c o m p u t a t i o n o f p r e a n d p o s t d e v e l o p m e n t r u n o f f
c h a r a c t e r i s t i c s o f t h e s i t e s h o w i n g d i s c h a r g e r a t e s a n d d i r e c t i o n s
" a p r e l i m i n a r y c o m p u t a t i o n o f t h e s i z e , l o c a t i o n a n d d i s c h a r g e r a t e o f a n y
d e t e n t i o n b a s i n
" a l l p a r k i n g f a c i l i t i e s
" a l l l a n d s c a p e d a n d o p e n a r e a s t o r e m a i n u n d e v e l o p e d
" t h e n u m b e r o f d w e l l i n g u n i t s p r o p o s e d , t h e f l o o r a r e a o f e a c h u n i t a n d
s u f f i c i e n t i n f o r m a t i o n a b o u t t h e h e i g h t o f e a c h u n i t t o v e r i f y t h a t i t w i l l
c o m p l y w i t h t h e h e i g h t r e g u l a t i o n s o f t h e d i s t r i c t
" a c o m p u t a t i o n o f t h e t o t a l l a n d a r e a u s e d f o r b u i l d i n g s , p a v e m e n t ,
r e c r e a t i o n a r e a s a n d o p e n s p a c e
S e c t i o n 2 . R e v i e w P r o c e s s
1 . A p e t i t i o n f o r a P l a n n e d I n f i l l M u l t i p l e D w e l l i n g D i s t r i c t r e z o n i n g s h a l l b e
r e v i e w e d a c c o r d i n g t o t h e g e n e r a l p r o c e s s o u t l i n e d i n A r t i c l e X X I I I o f t h e
B a l l w i n Z o n i n g O r d i n a n c e . T h e p r e l i m i n a r y s i t e d e v e l o p m e n t p l a n s h a l l b e
r e v i e w e d i n a c c o r d a n c e w i t h t h e g e n e r a l p r o c e s s o u t l i n e d f o r S p e c i a l U s e
E x c e p t i o n s i n A r t i c l e X I V . S e c t i o n 3 . A p p l i c a t i o n / P e t i t i o n P r o c e d u r e ( 1 ) - ( 5 )
o f t h e B a l l w i n Z o n i n g O r d i n a n c e . T h e p a r t i c u l a r c o d e r e q u i r e m e n t s o f A r t i c l e
X I V s h a l l b e d e e m e d t o r e f e r e n c e t h e p a r t i c u l a r c o d e r e q u i r e m e n t s o f t h i s
a r t i c l e .
2 . O n c e t h e B o a r d o f a l d e r m e n h o l d s a p u b l i c h e a r i n g , i t s h a l l d e c i d e i f t h e P I M
d i s t r i c t z o n i n g c h a n g e a n d t h e p r e l i m i n a r y s i t e d e v e l o p m e n t p l a n s h a l l b e
a p p r o v e d . B o t h m u s t b e a c c e p t e d a n d / o r a p p r o v e d a t t h e s a m e t i m e .
3 . T h e z o n i n g c h a n g e a n d t h e p r e l i m i n a r y s i t e d e v e l o p m e n t p l a n s h a l l b e
a p p r o v e d f o r a p e r i o d o f o n e h u n d r e d t w e n t y ( 1 2 0 ) c a l e n d a r d a y s f o l l o w i n g
t h e d a t e o f a p p r o v a l . I n t h a t t i m e , t h e d e v e l o p e r s h a l l s u b m i t a f i n a l
d e v e l o p m e n t p l a n w i t h f i n a l e n g i n e e r i n g w h i c h i s s u b s t a n t i a l l y i n a c c o r d a n c e
w i t h t h e a p p r o v e d p r e l i m i n a r y d e v e l o p m e n t p l a n . T h e f a i l u r e o f t h e p e t i t i o n e r
t o s u b m i t a f i n a l d e v e l o p m e n t p l a n w i t h i n t h e 1 2 0 d a y p e r i o d s h a l l r e s u l t i n
t h e a u t o m a t i c r e v o c a t i o n o f t h e p r e l i m i n a r y s i t e p l a n a p p r o v a l a n d r e v e r s i o n
o f t h e z o n i n g c l a s s i f i c a t i o n t o t h e p r e v i o u s d i s t r i c t c l a s s i f i c a t i o n ( 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.