PRELIMINARY DEVELOPMENT PLAN REVIEW - CITY OF MARYLAND HEIGHTS

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1 APPLICATION NUMBER: PDP APPLICATION (PROJECT) NAME: MARYLAND OAKS APPLICANT: McBride Maryland Oaks, LLC Swingley Ridge Road, Suite 300 Chesterfield, MO PROPERTY OWNER NAME: Basston Holdings LLC, HV Real Estate Corporation, The Krys M. Stegmann 2012 Irrevocable Trust dated December 21, 2012 APPLICANT S REQUEST: Swingley Ridge Road, Suite 210 Chesterfield, MO Rezoning from PD-M Planned District - Manufacturing to PD- R Planned District - Residential SITE LOCATION: Northwest quadrant of Page Avenue/US Route 364 and I-270 PARCEL/LOCATOR NUMBERS: EXISTING ZONING DISTRICT: TOTAL SITE AREA: PLANNING AREA: PLANNING DISTRICT: Parcel ID 15O PD-M Planned District - Manufacturing Approximately 35 acres West Residential Planning Area Fee Fee/Page Planning District PUBLIC HEARING DATE(S): March 22, May 10, May 24, June 14, 2016 REPORT DATE: PROJECT MANAGER: RECOMMENDATION: Hilary Perkins, AICP APPROVAL MARYLAND OAKS PAGE 1

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3 DESCRIPTION OF EXISTING SITE CONDITIONS The site is an approximately 35 acre tract located at the northwest corner of Route 364 and I-270, within the West Residential Planning Area. The site is currently vacant. REFER TO FIGURE 1 NEIGHBORHOOD CONDITIONS/LAND USE South of the site is Page Avenue (Route 364), and east of the site is I-270. To the northwest of the site are large apartment complexes (Field Pointe of St. Louis and the Pavilion). Along most of the site s northeastern border are single-family dwellings. ZONING CONTEXT The subject site is zoned PD-M Planned District - Manufacturing. The apartment complexes to the north and west are zoned R-6 Multi-Family, and the properties across McKelvey Road to the north are zoned R-5. REFER TO FIGURE 2 REFER TO APPENDIX A - SUPPLEMENTAL MAPS AND SITE DATA REFER TO FIGURE 3 EXISTING CONDITIONS MATRIX DIRECTION EXISTING LAND USE ZONING DISTRICT COMMENTS North Multi-family apartment complex and single family residential R-6 & R-5 East Interstate 270 N/A South Page Avenue/US Route 364 N/A West Multi-family apartment complex R-6 MARYLAND OAKS PAGE 3

4 REQUEST The applicant is proposing a single-family and multifamily residential development, which necessitates a change in zoning. The site is currently zoned PD-M Planned District - Manufacturing. The applicant requests to rezone the property to PD-R Planned District Residential to permit the construction of 77 single family homes, 25 townhomes, and a 240 unit apartment complex. The main entrance to the development will be from Basston Drive, with a supplemental road to serve the townhomes, and an exit only drive onto McKelvey Road serving the apartment complex. The apartment complex will be gated and have its own pool and clubhouse. BACKGROUND The site, historically referred to as the HBE Tract, is a vacant parcel of approximately 35 acres at the northwest quadrant of the Page Avenue/I-270 interchange. The tract, owned at the time by HBE Corporation, was originally acquired with the intent of building a hotel on the site. However due to market conditions in the 1980s this effort was EXHIBIT A: PRELIMINARY DEVELOPMENT PLAN abandoned. Subsequent development efforts were also unsuccessful due to site access and site improvement issues. In August 1997, the City Council approved a Redevelopment Plan for this area, designed to accommodate a mixed-use development of hotel, offices, and related uses. In September 1997, the Planning Commission recommended the rezoning of the HBE Tract to Planned District. The Council adopted Ordinance # to effect the rezoning. Figure 4 represents how development at the site was conceived at the time. To date no development has occurred, with the exception of improvements to Basston Road and the property was cleared of underbrush and trash. In November 2014, a Conceptual Development Plan for the property to be rezoned to Planned District- Mixed Use was approved on the condition the Preliminary Development Plan address improving traffic conditions at the intersection of Dawn Valley Drive and McKelvey Road/Basston Drive. That project did not move forward. EXHIBIT B: HBE PROJECT CONCEPT PLAN According to the St. Louis County Assessor s Office, the site is currently owned by the previous applicant, Basston Holdings, LLC Trustee etal. The applicant is the owner under contract. PAGE 4 REQUEST FOR PD-R MARYLAND OAKS #PDP

5 ANALYSIS AND DRAFT ORDINANCE APPROACH Staff previously examined the project s consistency with the Comprehensive Plan in the City Planner s Report to the Planning Commission dated June 21, 2015 finding that the request is consistent with the Comprehensive Plan as recently updated for development in the River Valley Planning District. The intent of this report is to address any remaining issues and discuss the approach taken by staff in preparing the attached draft ordinance. OVERALL APPROACH The draft ordinance separates the site into three areas: Single Family Detached Residential, Row Houses, and Multi-Family Dwellings. Standards are also included for the site as a whole and for each of the three areas individually. FINAL DEVELOPMENT PLAN The Final Development Plan will be the document that governs the overall layout and design aspects of this project. In addition to the typical requirements for any Final Development Plan, the ordinance requires an open space and walkability plan detailing the location and design of all common ground and open space areas including walkways and connectivity, signage, access easements for construction, and landscaping. This plan is intended to ensure the Planning Commission s expectations of quality open space within the development are met. Given the extent of infrastructure needed to support the project, an infrastructure plan is also required to provide details on the design of features such as streets, roadways, alleys, sidewalks, and drainage facilities. Submittal of the Final Development Plan is required within six months of the ordinance s adoption. When prepared for development, Amended Final Development Plans may also be required. GENERAL DEVELOPMENT REQUIREMENTS The ordinance requires that environmental standards, exterior lighting, utilities and mechanical equipment, stormwater management, and sanitary sewers shall be in compliance with all applicable municipal codes and with the requirements of each applicable utility. Traffic studies prepared by the applicant and reviewed by staff indicate the lower intensity of uses proposed by the applicant would generate considerably less traffic than was previously proposed. However, should conditions change as development occurs, traffic issues may be revisited. Construction traffic will be limited to Basston Drive and prohibited on McKelvey Road south of Marine, and on Dawn Valley Drive. St. Louis County Department of Transportation has indicated that the additional turning movements at the intersection of McKelvey Road (south) at Marine Avenue are most likely generated by new development at Westport Plaza and not as a result of the Maryland Oaks project. The County has further indicated they will take responsibility for restricting turning movements at that intersection. The Metropolitan Sewer District has no further comments at this time. Finally, the ordinance requires that the monument entry sign on Basston Drive incorporate the City of Maryland Heights logo. It further requires that the developer construct a paved trail or walkway to and around the lake, as an amenity for the site and a sidewalk along Basston Drive and McKelvey Road for the entire length of the development footage. The ordinance requires the proposed sidewalks to be connected with the existing network outside the development. MARYLAND OAKS PAGE 5

6 SINGLE-FAMILY DETACHED RESIDENTIAL Density and Lot Requirements The ordinance allows a maximum of 77 single-family detached units as follows: LOT REQUIREMENTS Lot Type Min. number Min. area Min. width Min. depth A No minimum 5,500 sq. ft. 50 feet 110 feet B 22 6,600 sq. ft. 60 feet 110 feet Buyers will have the option of choosing a three-car garage on 22 of the lots (Lot Type B in the table above). Overall, the dwellings are generally consistent with the Building Design Standards of the Zoning Code with the exception of provisions regarding width and location of garage doors relative to the front façade. The Building Design Standards (which apply to new dwellings within Planned Districts) require that the garage doors be no more than 25% of the front façade unless placed at least sixteen feet behind the front building line. Garage door widths more than 50% of the front façade are prohibited. The applicant s proposed elevations are included as Appendix B of this report. Based on rendering submitted by the applicant, some of the units have garage door widths relative to the remainder of the façade in excess of 50% of the front façade. To mitigate the impact of the garage doors, the applicant proposes to offer a choice of three different paint colors for the garage doors. Since this is a Planned District, the ordinance allows for exceptions regarding the extension of chimneys, bay windows, air conditioning units, and egress windows into rear or side yards, while remaining in compliance with current Maryland Heights building codes. ROW HOUSES The Preliminary Development Plan shows 25 row houses in the southeastern portion of the site. The houses front onto Basston Road and back to a 20 foot wide alley. Each unit has a one-car garage and a one-car driveway. Typically, the Zoning Code requires a two-car garage for new single-family dwellings. However, noting that the units are intended for limited size families such as young professionals and empty nesters, a one-car garage should be sufficient. To ensure sufficient guest parking, the ordinance requires 20 guest parking spaces. The ordinance also requires that row houses be designed in a manner consistent with the elevations included in the Appendix of this report. PAGE 6 REQUEST FOR PD-R MARYLAND OAKS #PDP

7 MULTI-FAMIILY DWELLINGS The draft ordinance permits up to 240 multi-family residential units parked at 1.7 spaces per unit. The plan also shows a club house and swimming pool. These amenities are permitted by the ordinance as are covered parking and/or garages even though these features are not proposed on the current plan. The ordinance also requires that the buildings meet the Building Design Standards of the Zoning Code. In addition to the required setbacks, the ordinance requires the following distance between grouped buildings: DISTANCE BETWEEN GROUPED BUILDINGS Building Orientations Minimum Distance Front to front Fifty (50) feet Back to back Fifty (50) feet Side to side Twenty (20) feet Front to side Twenty-five (25) feet Back to side Twenty-five (25) feet Corner to corner Fifteen (15) feet It should be noted that the ordinance requires that the distance between grouped building is subject to the current City of Maryland Heights Building Codes. MARYLAND OAKS PAGE 7

8 FINDINGS AND RECOMMENDATION CONSISTENCY WITH COMPREHENSIVE PLAN 1. The City Planner finds that the proposed development is not consistent with the newly adopted goals and objectives of the Comprehensive Plan with regard to this development. IMPACT ON NEIGHBORHOOD CHARACTER 2. The City Planner finds that the proposed development will enhance the emerging character of the this area by providing quality housing choices and will be well integrated with the existing neighborhood, subject to the conditions of the draft ordinance. SITE DESIGN 3. The City Planner finds that the overall approach to site design is consistent with the intent and purpose of the Zoning Code, subject to the limitations set forth in the draft ordinance including the review and approval of a Final Development Plan. BUILDING DESIGN 4. Subject to a positive finding by the Planning Commission, the City Planner finds that the overall approach to building design is consistent with the purpose and intent of the Building Design Standards, subject to limitations set forth in the draft ordinance. RECOMMENDATION Staff recommends approval of this application for a rezoning from PD-M Planned District - Manufacturing to PD-R Planned District - Residential via adoption of the attached draft ordinance. Michael Zeek, AICP City Planner Hilary E. H. Perkins, AICP Planner and Project Manager PAGE 8 REQUEST FOR PD-R MARYLAND OAKS #PDP

9 APPENDIX A SUPPLEMENTAL MAPS AND SITE DATA MARYLAND OAKS PAGE 9

10 N FIGURE 1: AERIAL PHOTOGRAPH PAGE 10 REQUEST FOR PD-R MARYLAND OAKS #PDP

11 N FIGURE 2: EXISTING LAND USE PATTERN MARYLAND OAKS PAGE 11

12 R-5 R-6 PD-M N FIGURE 3: ZONING MAP PAGE 12 REQUEST FOR PD-R MARYLAND OAKS #PDP

13 MARYLAND OAKS FIGURE 4: PRELIMINARY DEVELOPMENT PLAN PAGE 13

14 PAGE 14 FIGURE 5: PRELIMINARY SITE PLAN REQUEST FOR PD-R MARYLAND OAKS #PDP

15 APPENDIX B BUILDING ELEVATIONS MARYLAND OAKS PAGE 15

16 PAGE 16 REQUEST FOR PD-R MARYLAND OAKS #PDP

17 MARYLAND OAKS PAGE 17

18 PAGE 18 REQUEST FOR PD-R MARYLAND OAKS #PDP

19 MARYLAND OAKS PAGE 19

20 PAGE 20 REQUEST FOR PD-R MARYLAND OAKS #PDP

21 MARYLAND OAKS PAGE 21

22 PAGE 22 REQUEST FOR PD-R MARYLAND OAKS #PDP

23 MARYLAND OAKS PAGE 23

24 PAGE 24 REQUEST FOR PD-R MARYLAND OAKS #PDP

25 Recommendation of Planning Commission BILL NO. ORDINANCE NO DRAFT AN ORDINANCE ENACTING A PDR PLANNED DISTRICT-RESIDENTIAL FOR MARYLAND OAKS ON APPROXIMATELY ACRES LOCATED AT MCKELVEY ROAD (Petition of McBride Maryland Oaks, LLC) WHEREAS, Public Hearings were held before the Planning Commission regarding the proposed Planned District-Residential; and WHEREAS, the Planning Commission has found that the Conceptual Development Plan of the proposed Planned District-Residential is consistent with the Comprehensive Plan; and WHEREAS, the Planning Commission has found that the Preliminary Development Plan advances the purpose and intent of the Comprehensive Plan and Zoning Code; and WHEREAS, the Planning Commission has recommended approval of regulatory standards to guide the future development of the Planned District-Residential; and WHEREAS, the City Council has reviewed the recommendation of the Commission and has determined that the proposed ordinance is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARYLAND HEIGHTS, MISSOURI, AS FOLLOWS: Section 1: Ordinances , , and are hereby repealed. The Official Zoning Map is hereby amended to revert the property described by these ordinances from PDM Planned District Manufacturing to its previous R-6 Multi-Family Residential District designation. The zoning of real estate in the City of Maryland Heights for acres of land located at McKelvey Road, as more specifically described in Exhibit A attached hereto, is zoned "PDR" Planned District-Residential to be carried out in accordance with this Ordinance. This zoning shall be recorded on the Official Zoning Map of the City. Section 2: Purpose The purpose of this Planned District-Residential ( the District ) is to establish a development consisting of a range of single-family and multi-family uses. These uses shall be laid out in an integrated fashion with a focus on quality open space and pedestrian connectivity. Section 3: This zoning is subject to all applicable City ordinances (unless otherwise specified), and the conditions that follow: I, FINAL DEVELOPMENT PLAN REQUIREMENTS A. Within six (6) months of approval of the District and prior to the approval of site improvement and grading plans for any phase or sub-phase of the development, the Final Development Plan shall be submitted to the City Planner for review and approval. Where due cause is shown by the applicant, this time interval may be extended by the City Planner.

26 B. The Final Development Plan, and any Amended Final Development Plan, shall meet the requirements of Section , Final Development Plan, of the Zoning Code and Section , Preliminary Plan Requirements, of the Subdivision Code. Additionally, the Plan shall include the following items: 1. Open Space and Walkability Plan: A plan detailing the location and design of all common ground and open space areas including walkways, seating, signage, access easements for maintenance, and landscaping. 2. Infrastructure Plan: Plan, typical cross section, and profile views with design characteristics of all proposed infrastructure improvements including, but not limited to, streets, roadways, alleys, sidewalks, walkways, landscaping, pavement, drainage facilities, easements, and rights-of-way. The plan view shall include a layout of all sewer, sewer structures, and utilities. C. Within fifteen (15) days from the approval of the Final Development Plan, and prior to the issuance of any building permit, the property owner shall record a copy of the approved Final Development Plan, and any subsequent amendments thereto, with the St. Louis County Recorder of Deeds. Upon written request, this time period may be extended by the City Planner. Two (2) paper copies of said plan and an electronic copy in.pdf format shall be provided to the Department of Community Development. D. The approved Final Development Plan may be amended in accordance with the provisions of Section E, Amendments, of the Zoning Code. II. SITE IMPROVEMENT PLAN REQUIREMENTS A. Site improvement plans shall be required for each phase or sub-phase of development for the review and approval of the City Planner and City Engineer. B. Grading plans shall be in accordance with the Maryland Heights Municipal Code or St. Louis County design criteria and standards as determined appropriate by the City Engineer. A plan shall be required for each phase or sub-phase of the development for the review and approval of the City Planner and City Engineer. C. Plan review shall be in accordance with Article 4, Site Plan Review, of the Zoning Code and/or Article 4, Improvement Plans, of the Subdivision Code as applicable. Improvement plans shall be in accordance with St. Louis County design criteria and standards as determined appropriate by the City Engineer. D. No building permits shall be issued prior to approval of the site improvement plan for the associated phase or sub-phase of the development. E. Prior to approval of the site improvement plan and/or a grading plan, verification of required approvals from the Metropolitan St. Louis Sewer District, Creve Coeur Fire Protection District, impacted utilities, easement holders, Missouri Department of Natural Resources,, and any other jurisdictional authorities as necessary shall be received by the City Planner and City Engineer.

27 III. GENERAL DEVELOPMENT REQUIREMENTS A. Roadway Improvements 1. The developer shall provide a five (5) foot sidewalk along Basston Drive and McKelvey Road on the side of the development and for the entire length of development frontage. a. The developer shall install sidewalk to the intersection of Basston Drive and Oberlin Drive to provide connectivity to the existing sidewalk network along Basston Drive. b. The developer shall install sidewalk north along the east side of Oberlin Drive to provide connection to the existing sidewalk network on Oberlin Drive, if the existing sidewalk is within the right-of-way. c. Sidewalk layout and network is subject to the review and approval of the City Engineer. d. The City may elect to require the developer to escrow the described sidewalk improvements, or portions thereof, at the sole discretion of the City Engineer for installation at a future date. 2. Right-of-way with additional easements and temporary slope construction license (TSCL) shall be installed pursuant to the current subdivision code and approved by the City Planner on the Final Development Plan and Site Improvement Plans. 3. Sidewalks shall be located in existing right-of-way or additional dedicated right-of-way. The developer shall dedicate any and all necessary right-of-way, or easements in instances as may be found necessary by the City Engineer and required for construction and maintenance of sidewalk along Basston Drive and McKelvey Road, subject to review and approval of the City Engineer. a. Private sidewalks connecting to a public sidewalk and located within right-of-way or easement shall remain the private property owner s responsibility and maintenance. B. Environmental Standards: Every use, activity, process, or operation on the site shall comply with Article 17, Environmental Standards, of the Zoning Code. C. Exterior Lighting: 1. New or replacement lighting shall be in accordance with Article 18, Lighting Design Standards, of the Zoning Code or Article 6, Subdivision Design Standards, of the Subdivision Code as applicable. 2. Lighting/photometric plans for the multi-family use shall be submitted for review and approval in conjunction with the site improvement plans for each Phase or sub-phase of development. D. Utilities and Mechanical Equipment: 1. Any new permanent electrical, telephone, or data transmission and distribution lines shall be installed underground within the District, subject to the review and approval of Ameren and other applicable utility providers.

28 2. Street lights are required along public or private streets and access drives. Light-emitting diode (L.E.D.) streetlighting shall be required in accordance with Maryland Heights and Ameren standards and requirements. E. Stormwater Management: 1. Adequate provisions shall be made for the disposal of stormwater, in accordance with the specifications and standards of the Metropolitan St. Louis Sewer District and any other jurisdictional authorities as necessary. 2. Stormwater detention and water quality areas located within common ground shall be sized in accordance with Metropolitan St. Louis Sewer District, and will be addressed in the Final Development Plan, and shall be adequately sized as determined by the City Engineer. F. Sanitary Sewers: Sanitary sewer facilities shall be provided in accordance with the requirements of the Metropolitan St. Louis Sewer District. G. Landscaping: 1. Landscaping shall be reviewed and approved by the City Planner on the Final Development Plan and Site Improvement Plans. 2. The requirements of Section , Tree Preservation, of the Zoning Code, are hereby modified/waived by the City Planner in accordance with Section A(7), of the Zoning Code, due to the extraordinary landscaping proposed for the site. 3. Any areas proposed for landscaping within right-of-way or easement impacting city facilities shall be subject to the review and approval of the City Engineer. 4. Landscaped buffers shall be provided in locations shown and approved on the Final Development Plan as follows: a. A minimum twenty (20) feet wide landscaped buffer shall be provided between the row houses and the single-family lots and along the rear of single-family lots abutting Basston Drive (where existing vegetation fails to provide a screen). Said buffer shall include a minimum of two (2) canopy trees, four (4) evergreen trees, and one (1) flowering tree, for every one hundred (100) feet of buffer length, as shown in the diagram below: 4 Evergreen Trees 100 feet 20 feet 2 Canopy Trees 1 Flowering Tree b. A minimum twenty (20) feet wide landscaped buffer shall be required between the multi-family units and the single family lots. Said buffer shall include a minimum of

29 one (1) canopy tree, five (5) evergreen trees, and one (1) flowering tree, for every one hundred (100) feet of buffer length, as shown in the diagram below: 1 Flowering Tree 100 feet 20 feet 5 Evergreen Trees 1 Canopy Tree c. In addition to the landscaped buffer, a six (6)-foot tall decorative sight-proof fence or wall shall also be installed where parking for the multi-family units is adjacent to the single-family lots. H. Common Ground Areas: Areas designated as common ground shall be designed and landscaped as functional site amenities in accordance with the following: 1. A trail (walkway) shall be provided around the proposed lake, connected to the existing sidewalk system, subject to the review and approval of the City Planner. 2. The trail shall consist of asphalt, concrete, or a similar paved surface approved by the City Engineer. 3. Common ground areas shall be landscaped and provide aesthetic value as approved by the City Planner on the Final Development Plan. 4. Improvements in common ground areas located within right-of-way shall be reviewed and approved by the City Engineer. All islands, cul-de-sacs, and medians shall be designated as common ground to be maintained by the subdivision homeowners association. 5. Common ground areas may be less than 10,000 sq. ft. as shown on the Preliminary Development Plan. I. Monument Entry Sign: The monument entry sign at Basston Drive shall incorporate the logo of the City of Maryland Heights. J. Mailboxes: Clustered, gang-style mailboxes shall be permitted as shown on the Final Development Plan and in accordance with United States Postal Service regulations. Access shall not be provided from right-of-way unless specifically reviewed and approval by the City Engineer. K. Construction Traffic: All construction traffic shall be limited to Basston Drive and will not be permitted on McKelvey Road south of Marine or on Dawn Valley Drive.

30 IV. SINGLE-FAMILY DETACHED RESIDENTIAL A. Density and Lot Requirements: 1. A maximum of seventy-eight (77) single-family detached units shall be permitted. 2. Lot Requirements: The minimum number of each type of lot, minimum lot area, minimum lot width, and minimum lot depth shall be in conformance with Table 1, Lot Requirements. B. Yard Requirements: TABLE 1. LOT REQUIREMENTS Lot Type Min. number Min. area Min. width Min. depth A No minimum 5,500 sq. ft. 50 feet 110 feet B 22 6,600 sq. ft. 60 feet 110 feet 1. Front Yard: Not less than twenty (20) feet from any road right-of-way. 2. Side Yard: Not less than five (5) feet. 3. Rear Yard: a. Principal Structure: Not less than fifteen (15) feet, regardless of whether the rear property line is adjacent to any road right-of-way. b. Accessory Structures, Unroofed and Unenclosed Decks, or Pools: Not less than fifteen (15) feet, regardless of whether the rear property line is adjacent to any road right-ofway. 4. In addition to the yard exceptions in Section D, Structural Projections, of the Zoning Code the following exceptions shall be permitted: a. Chimney and/or bay windows, not exceeding seventy-two (72) inches in width, may project into side or rear yards a maximum of twenty-four (24) inches. b. Air conditioning units may extend into side or rear yards a maximum of thirty (30) inches. c. Egress windows may extend into side or rear yards a maximum of thirty-six (36) inches. C. Building Height: No building shall exceed a height of thirty-five (35) feet. D. Access and Circulation: 1. Access to and from the single-family units shall be limited to one (1) entrance from Basston Drive and one (1) entrance from the 24 foot private alley as street naming is labeled on the Preliminary Development, subject to the review and approval of the City Engineer and any other jurisdictional authorities as necessary.

31 2. All public streets shall meet the requirements of Article 6, Subdivision Design Standards, of the Subdivision Code. Improvements shall be in accordance with St. Louis County design criteria and standards or determined appropriate by the City Engineer. 3. Pedestrian Connectivity: a. Public sidewalks meeting Maryland Heights Municipal Code requirements or St. Louis County standards, as determined appropriate by the City Engineer, shall be provided on both sides of all new public streets. Sidewalks around cul-de-sacs and turnarounds shall be provided. b. The developer shall provide a five (5) foot sidewalk connection from Street B as street naming is labeled on the Preliminary Development Plan. i. Connection shall be located in the northeast corner of the development from Street B sidewalks to sidewalks constructed as part of this development along Basston Drive. The sidewalk shall be on easement and subject to review and approval of the City Engineer and any other jurisdictional authorities as necessary. ii. iii. Connect sidewalks on the southwest side of the intersection of Basston Drive and Dawn Valley Drive, as shown on the final development plan and approved by the City Engineer. Sidewalk connection shall be constructed of concrete and dedicated to the subdivision homeowners association for ownership and maintenance. b. The provisions of Article 26, Walkways and Bikeways, of the Zoning Code shall not apply. E. Accessory Buildings: No detached accessory buildings shall be permitted on single-family residential lots except for landscaping-related structures in accordance with Section , Landscaping-Related Structures, of the Zoning Code. F. Fences: Fences shall be in accordance with Section , Fences, of the Zoning Code pertaining to R Residential Districts. G. Building Design: Buildings shall be designed consistent with the elevations included in the City Planner s Report to the Planning Commission for CDP dated March 17, 2016 with the following exceptions: 1. The Builder shall offer a 3-car garage option on the 60 wide lots. The foregoing does not require the Builder to construct a 3-car garage on the 60 lots. 2. The Builder shall offer a minimum of three (3) different garage door colors. H. Parking & Loading: Off-street parking and loading spaces shall be provided in accordance with Article 14, Parking and Loading Regulations, of the Zoning Code. I. Signs: Signs shall be in accordance with Article 15, Sign Regulations, of the Zoning Code except that a sign package for all subdivision identification signs shall be submitted to the City Planner for review and approval prior to issuance of sign permits.

32 V. ROW HOUSES A. Access and Circulation: 1. Access to and from the Row Houses shall be limited to one (1) entrances from Basston Drive, and one (1) entrance from Street A as labeled on the Preliminary Development Plan, and subject to the review and approval of the City Engineer and any other jurisdictional authorities as necessary. 2. All streets and access drives shall meet the requirements of Article 6, Subdivision Design Standards, of the Subdivision Code. Improvements shall be in accordance with St. Louis County design criteria and standards as determined appropriate by the City Engineer. 3. Sidewalks shall be provided subject to the review and approval of the City Engineer and any other jurisdictional authorities as necessary. B. Density and Lot Regulations: 1. A maximum of twenty-five (25) row houses shall be permitted. 2. Minimum Lot Area, Width, and Depth: a. The minimum lot area shall be 1,600 square feet. b. The minimum lot width shall be twenty (20) feet. c. The minimum lot depth shall be eighty (80) feet. 3. Yard Requirements: a. Front Yard: As approved by the City Planner on the Final Development Plan but not less than five (5) feet from the sidewalk regardless of the lot line. b. Side Yard: Not less than five (5) feet, with zero (0) feet between attached dwellings. c. Rear Yard (setback from alley): Not less than twenty (20) feet, regardless of whether the rear property line is adjacent to any road, street or alley. 4. Building Height: No building shall exceed a height of thirty-five (35) feet. 5. Accessory Buildings: Accessory buildings shall not be permitted. 6. Fences: Fences shall be in accordance with Section , Fences, of the Zoning Code pertaining to R Residential Districts. 7. Building Design: The row houses shall be designed consistent with the elevations included in the City Planner s Report to the Planning Commission for CDP dated March 17, Parking & Loading: Off-street parking and loading spaces shall be provided in accordance with Article 14, Parking and Loading Regulations, of the Zoning Code except as follows:

33 a. Each row house shall have one (1) enclosed garage space and one (1) driveway parking space. b. Twenty (20) guest parking spaces shall be provided subject to the review and approval of the City Engineer and any other jurisdictional authorities as necessary. 9. Signs: Signs shall be in accordance with Article 15, Sign Regulations, of the Zoning Code except that a sign package for all subdivision identification signs shall be submitted to the City Planner for review and approval prior to issuance of sign permits. VI. MULTI-FAMILY DWELLINGS 1. A maximum of two hundred forty (240) multi-family units shall be permitted. 2. Building Setback Requirements: No building shall be permitted within the following setbacks: a. Thirty (30) feet from any property line or street right-of-way. b. Fifty (50) feet from the property line of any row house. No other setbacks from internal property lines shall be required. 3. Building Height: a. No multi-family residential building shall exceed fifty (50) feet above finished grade. b. No non-residential building (clubhouse or accessory building) shall exceed twenty-five (25) feet above finished grade. 4. Distance Between Grouped Buildings: a. In addition to the required setbacks, the minimum distances contained in Table 2, Distance Between Grouped Buildings, shall be required between each building: TABLE 2. DISTANCE BETWEEN GROUPED BUILDINGS Building Orientations Front to front Back to back Side to side Front to side Back to side Corner to corner Minimum Distance Fifty (50) feet Fifty (50) feet Twenty (20) feet Twenty-five (25) feet Twenty-five (25) feet Fifteen (15) feet b. Distance between grouped buildings shall also be subject to current Maryland Heights Building Codes.

34 c. In applying the above standards, the front of the building shall mean that face of the building having the greatest length with the rear being that face opposite the front. The side is the face having the smallest dimension. If the building has equal dimensions, the City Planner shall determine the faces. 5. Accessory Buildings: Accessory buildings shall be in accordance with Section D.15, Accessory Buildings Covered Parking, or Section D.16, Accessory Buildings and Structures Other, of the Zoning Code as applicable. 6. Fences: Fences shall be in accordance with Section , Fences, of the Zoning Code pertaining to R Residential Districts. 7. Building Design: Buildings shall be designed and constructed in accordance with Article 13, Building Design Standards, of the Zoning Code. 8. Parking & Loading: Off-street parking and loading spaces shall be provided in accordance with Article 14, Parking and Loading Regulations, of the Zoning Code except 1.7 parking spaces per dwelling shall be required. 9. Signs: Signs shall be in accordance with Article 15, Sign Regulations, of the Zoning Code except that a sign package for all multi-family project identification signs shall be submitted to the City Planner for review and approval prior to issuance of sign permits. 10. Trash and Recycling Receptacles. Centralized trash and recycling collection areas of sufficient number and size to serve the residents within the development shall be provided. Said receptacles (dumpsters) shall meet the requirements of Section , Screening of Outdoor Storage, Mechanical Equipment, and Utilities. 11. Access and Circulation. Access to and from the multi-family dwellings shall be limited to one (1) full entrance from Street A as labeled on the Preliminary Development Plan, and one (1) exit-only entrance to McKelvey Road, subject to the review and approval of the City Engineer and any other jurisdictional authorities as necessary All streets and multi-family access drives shall meet the requirements of Article 6 Subdivision Design Standards of the Subdivision Code. Improvement shall be in accordance with St. Louis County Design Criteria and Standards as determined appropriate by the City Engineer. 13. The developer shall provide a five (5) foot sidewalk connection from the multi-family dwellings to sidewalk to be constructed as part of this development along McKelvey Road, subject to the review and approval of the City Engineer. The sidewalk connection shall be constructed of concrete and be dedicated to the apartment property owner for maintenance. 14. Mechanical equipment, pump stations, utility transformers, connections and junction boxes, and similar items shall be screened in accordance with the provisions of Section , Screening of Outdoor Storage, Mechanical Equipment, and Above Ground Utilities, of the Zoning Code, with the exception of utility meters in residential portions of the District.

35 VII. MAINTENANCE A. All private property and common ground areas shall be maintained in accordance with the Maryland Heights Municipal Code. Maintenance of common ground areas shall be the responsibility of the subdivision homeowners association and apartment property owner. B. The landscaped areas shall be maintained in accordance with landscaping delineated on the Final Development Plan. C. Maintenance and snow plowing of private streets and access drive shall be the sole responsibility of the property owners or trustees of the subdivision forever. VIII. PLANNED DISTRICT LIMITATIONS A. Failure to Commence Construction: Unless otherwise stated in the development conditions, substantial work or construction within the District shall commence within three (3) years of the effective date of the District, unless such time period is extended through appeal to and approval by the Planning Commission. If no extension of time is received or granted within six (6) months subsequent to the three (3) year period following the effective date of this Ordinance, the Planning Commission shall review the changes in the Zoning Map brought by the District. If the Commission finds said changes to be inappropriate, the Commission shall recommend to the City Council that the map be revised in accordance with the procedures for changes and amendments. As used in this section, substantial work or construction shall include final grading for roadways necessary for first approved plat or phase of construction and commencement of installation of sanitary and storm sewers as applicable. B. Failure to Submit Final Development Plan: In the event the Final Development Plan is not submitted within the time limits specified in this Ordinance, the Planning Commission shall review any changes in the Zoning Map brought by the District. If the Commission finds said changes to be inappropriate, the Commission shall recommend to the City Council that the map be revised in accordance with the procedures for changes and amendments. C. Extension of Development Schedule: The developer, at any time, may apply to the Planning Commission for an extension of the development schedule. Such extension shall be acted upon by the Planning Commission, however, said extension shall not exceed twelve (12) months in duration. D. Failure to Comply with Ordinance: Failure to comply with this Ordinance shall be enforced in accordance with Article 10, Administration and Enforcement, of the Zoning Code. Any default or failure to comply with this Ordinance by a developer in one Phase shall not impact another developer to proceed with another Phase including, but not limited to, permits for other such phase. IX. RIGHTS OF APPEAL In the event of a disagreement between any Developer and the City Planner and/or the City Engineer as to the criteria or conditions set forth in this ordinance and/or the Zoning Code, such disagreement shall be submitted to the Planning Commission for recommendation to the City Council, which shall make the decision on such disagreement, provided the Developer shall have the right to appeal such decision pursuant to the City of Maryland Heights Zoning Code and to pursue any other available legal or equitable remedy.

36 X. AMENDMENTS The conditions of this Planned District-Residential Ordinance may be modified or amended in accordance with Section , Procedure to Modify Planned District Standards and Regulations, of the Zoning Code with the exception that a modification or amendment may be initiated by the owner/developer and/or the owner under contract of the single-family portion of the development. Section 4: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED BY THE CITY COUNCIL THIS DAY OF MAYOR/PRESIDING OFFICER APPROVED BY THE MAYOR THIS DAY OF ATTEST: MAYOR CITY CLERK

37 Exhibit A Legal Description City of Maryland Heights Ordinance No DRAFT Exhibit A Page 1 of 1