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Arnold City Zoning Code

SECTION 405

190 Site Plan Review.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A. 
Regulations regarding site plan review are contained in this City Code Section 405.190, Subsections (A) through (M), below.
B. 
Intent.
1. 
This Section 405.190 recognizes the importance to the public health, safety and welfare, the safe movement of traffic, the retention of value of improvements upon the land, the conservation of natural resources and that site improvements will be constructed to advance those and other public interests. The site plan shall demonstrate to the site plan reviewing entity or entities the character and objectives of the proposed development in adequate detail for the reviewers to evaluate the effect it will have upon the community and the public interest. The site plan review regulates the development of structures and sites in a manner that considers the following concerns:
a. 
The balancing of landowners' rights to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g., noise, smoke, fumes, dust, odor, glare, stormwater runoff, etc.);
b. 
The convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent areas or roads;
c. 
The adequacy of waste disposal methods and protection from pollution of surface water or groundwater;
d. 
The protection of historic and natural environmental features on the site under review, and in adjacent areas;
e. 
The stability of the built environment, particularly residential neighborhoods, by promoting development that is compatible with clearly identified natural resources;
f. 
Consistency with the Comprehensive Plan, Subdivision Ordinance, Zoning Ordinance, and the Municipal Code of Ordinances; and
g. 
Impact on existing City infrastructure and public improvements. The proposed development shall not result in undue or unnecessary burdens on the City's existing infrastructure unless arrangements are made to mitigate such impacts.
C. 
When Required.
1. 
A site plan for the use or development of property must be approved by the City prior to any of the following events:
a. 
The grading of any site for development or the issuance of any building permit for the construction or expansion of any principal structure, except as provided for herein.
b. 
A change in the principal or accessory use of a property that results in additional parking requirements or other site requirements not reflected on any existing approved site plan as determined by the Community Development Director.
c. 
Any development within the City's "MHD" Manufactured Home District, "C-1" Commercial District, "C-2" Commercial District, "C-3" Commercial District, "C-4" Commercial District, "M-1" Industrial District, "M-2" Industrial District, "M-3" Planned Industrial District, or for land subject to the City's Planned Residential Development Procedures or Conditional Use Permit procedures, unless otherwise authorized by the City.
d. 
As otherwise required in Chapter 405, Zoning, including, but not limited to, requirements contained in Section 405.040, Application of District Regulations, Section 405.090(B), Planned Residential Development Procedure, Section 405.050(C), Supplementary District Regulations, and Section 405.080, Conditional Uses.
2. 
Exceptions. A site plan shall not be required in the following situations:
a. 
When the Director grants an exemption pursuant to Subsection (C)(3) of this Subsection.
b. 
The construction or expansion of an individual single-family residential detached dwelling, including associated detached accessory structures.
c. 
Construction of an accessory commercial structure or addition not exceeding five hundred (500) square feet when such structure or addition is not substantially visible from the public viewshed.
d. 
Improvements for off-street parking purposes when appurtenant only to existing buildings and where access will be provided by existing driveways, provided such improvement does not provide more than five (5) additional parking spaces.
e. 
Grading of open area, either by excavation or fill for the sole purpose of bringing the land to a grade compatible with the surrounding area, provided that the removal of existing vegetation does not exceed three (3) acres and the designated City Engineer finds on inspection of the site that such grading will have no adverse effect on the land of surrounding property owners, will not encroach on or impair existing drainage channels or floodplains, and will not cause problems of erosion, ponding, and/or silting on adjoining properties.
3. 
The Community Development Director may waive the requirement that a site plan be submitted when the applicant demonstrates to the Director one (1) of the following:
a. 
That the proposed development, issuance of a certificate of occupancy, or change in the principal use of property will have no detrimental impact on adjoining properties or otherwise would clearly comply with all regulations of the City without review of the plan and thereby eliminating the necessity for the establishment of, or revision to, a site plan; or
b. 
That the proposed development will conform in every substantive respect to a site plan previously approved for the same property.
When the Director utilizes this waiver procedure, he/she shall report such action to the Planning Commission at their next regularly scheduled meeting.
D. 
Procedure.
1. 
Site plan review shall be conducted by City staff, however, the City may require, at the expense of the petitioner, site plan reviews conducted by the City's consultant or other professionals.
a. 
Any person required to submit a site plan shall initially file the appropriate number of copies and a digital version with the Community Development Director, to include completed application forms furnished by the City, and pay any required filing fee in accordance with Section 405.190(M), Fees.
b. 
An initial site plan review shall be completed by the Community Development Director or assigns and all applicable City departments, and other associated jurisdictions and review agencies within thirty (30) days of the date of filing. The City shall provide the applicant with a comment letter delineating all plan deficiencies that need to be addressed prior to proceeding to the Planning Commission. The applicant shall submit a revised plan addressing identified deficiencies. When the Community Development Director determines the plan sufficient for Planning Commission review, the Director or assigns shall prepare a staff report that provides an overview of the project's level of compliance with the City's Comprehensive Plan, applicable review criteria set forth herein, requirements of this Chapter, and other applicable Chapters of the City's Code of Ordinances. The report shall consider the input provided by appropriate City departments, and other associated jurisdictions and agencies. The staff report shall contain a written recommendation of approval, approval with specific conditions, or disapproval, made to the Planning Commission for its consideration. A copy of the report shall be provided to the applicant prior to the meeting where the Planning Commission shall conduct its review.
c. 
The applicant shall have the opportunity to present the site plan to the Planning Commission and respond to Commission questions prior to the rendering of any decision by the Commission.
d. 
The Community Development Director shall provide written notification to the applicant of the Planning Commission's decision within seven (7) days of such decision.
e. 
The applicant may appeal any written disapproval to the City Council by written notice of appeal, citing reasons for the appeal, delivered to the City Council within fifteen (15) days of the mailing of the written disapproval. The City Council shall examine the record and decide the appeal within thirty (30) days with or without additional input or argument, and notify the applicant of the appeal decision within seven (7) days of the City Council decision. The applicant may appeal an adverse decision of the City Council as provided in Chapter 536, RSMo.
f. 
Building permits shall not be issued for any use of land or proposed construction on a lot in the zoning districts in which site plan review is applicable, unless site plan review approval has been granted.
E. 
Application.
1. 
Each application for site plan approval shall be submitted to the City signed by the owner of record or their agent accompanied by the appropriate number of copies and a digital version of the site plan in a format compatible with the City's software. Additional submittal requirements that shall accompany a site plan where applicable, shall include, but are not limited to:
a. 
All parking, buffering/screening, lighting, landscape, tree preservation, architectural requirements in accordance with applicable Subsections of Chapter 405, Zoning.
b. 
All conditional use application requirements in accordance with Section 405.080.
c. 
All planned residential development procedure application requirements in accordance with Section 405.090(B).
d. 
Additional information to be placed on the site plan beyond the requirements listed herein may be required as requested by the Community Development Director, the Planning Commission or City Council in accordance with the requirements of Chapter 405, Zoning, to include applicable technical studies.
e. 
All applicable requirements of the City's Subdivision Regulations as they apply to the development.
F. 
Submission Requirements.
1. 
The site plan shall be designed and prepared by registered design professionals licensed in the State of Missouri, such as architects, landscape architects or engineers, with the appropriate seal affixed, unless permitted otherwise by the Community Development Director, and shall include the following data, details, and supporting plans which are relevant to the proposal:
a. 
The site plan shall be of a scale not to be greater than one (1) inch equals fifty (50) feet nor less than one (1) inch equals two hundred (200) feet, and of such accuracy that the Commission can readily interpret the Plan, and shall include more than one (1) drawing if required for clarity.
b. 
A scale, north arrow, boundary dimensions, natural features such as woodlots, streams, rivers, lakes, drains, existing manmade features such as buildings, structures, easements, high tension towers, pipe lines, existing utilities such as water and sewer lines, etc., excavations, bridges, culverts, and drains, and shall identify adjacent properties within one hundred (100) feet and their existing uses.
c. 
Name and address of the owner of record, developer, and seal of the engineer, architect, land surveyor or landscape architect.
d. 
Abutting property owners, names, addresses, zip codes, Jefferson County parcel numbers, and where different, zoning district.
e. 
The property shall be identified by lot lines and location, including dimensions, angles, and size, correlated with the legal description of said property. All existing lot lines, easements, and rights-of-way shall be shown.
f. 
Locations and dimensions of all setbacks, including distances between all buildings, between buildings and property lines and between all parking areas and property lines.
g. 
The location and use of all existing and proposed structures within the development. Include all dimensions of height, ground floor area, gross floor area, and show all exterior entrances and all anticipated future additions and alterations.
h. 
Depict locations, heights, and intensity of all exterior lighting, including a graphic and catalog reference describing the proposed standards.
i. 
Delineate and dimension all areas utilized for storage and/or parking equipment, materials and vehicles.
j. 
For phased developments, depict the various limits and timing of each proposed phase.
k. 
Location, dimension and area of any parcel or property thereof proposed to be set aside for open space, park, playground use or other public/private recreational purposes.
l. 
Provide the location of all retaining walls, fences, screening, earth berms, and trash enclosure as well as a typical architectural elevation reflecting the proposed finished construction.
m. 
The location of all present and proposed public and private ways, parking areas, loading areas, driveways, sidewalks, ramps, and curbs. Include calculations for required and proposed parking and loading. Location, type, and screening details for all waste disposal containers shall also be shown.
n. 
Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within one hundred (100) feet of the site.
o. 
The location, height, size, materials, and design of all proposed signage.
p. 
The location of all present and proposed utility systems, including, but not limited to:
(1) 
Sewage system;
(2) 
Water supply system;
(3) 
Telephone, cable and electrical systems;
(4) 
Storm drainage system including existing and proposed drain lines.
q. 
Plans to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive run-off, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
r. 
Existing topography and finished grade line elevations at two (2) foot contour intervals as well as the proposed finished floor elevation for all structures. All elevations shall refer to the United States Geodetic Survey (USGS) datum. If any portion of the parcel is within the 100-year floodplain, the area shall be shown, with base flood elevations; and the developer shall present plans for meeting Federal Emergency Management Agency (FEMA) requirements.
s. 
Architectural Elevations. Architectural elevations of all proposed buildings and structures, identifying all materials proposed including color schemes for each. For infill developments the architect shall provide a statement of design intent indicating any design decisions made to make new construction compatible with existing structures.
t. 
Landscape Plan. A landscape plan depicting all existing open space, trees, forest cover and water sources, and all proposed changes to these features including size and type of plant material, and percentage open space with related calculations. Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains, and drainage retention areas.
u. 
Tree Preservation Plan. Where required by this Section, Tree Preservation, of the City of Arnold Zoning Ordinance, a tree preservation plan satisfying all requirements of the Section.
v. 
Site Sections. Schematic or illustrative sections shall be drawn to a scale of one (1) foot equals eight (8) inches or larger, indicating both edge conditions and internal grade changes in relation to principal variations of internal building levels and sight line relations to adjacent residences.
w. 
Traffic Control. The Community Development Director may require a detailed traffic study for mixed use and multi-tenant developments, or for developments in heavy traffic areas.
x. 
Additional information may be requested to be placed on the site plan beyond the requirements listed above based on a review of the site plan by City staff. Proper approval shall be required, where applicable and appropriate, from all relevant review agencies, including, but not limited to, the following: AmerenUE; Missouri-American Water Company; Public Water Supply District 1 of Jefferson County; Laclede Gas Company; Jefferson County Health Department; Missouri Department of Transportation; Missouri Department of Natural Resources; U.S. Army Corps of Engineers; and/or any other agency where applicable and appropriate.
2. 
Required plan elements may be waived at the discretion of the Community Development Director.
3. 
The applicant shall make notations explaining the reasons for the omission of any required element so authorized by the Director.
G. 
Criteria.
1. 
In reviewing a site plan application, the Community Development Director shall identify and evaluate all factors relevant to the application, including whether it complies with all applicable provisions of this Title. The applicant shall have the burden of demonstrating that the site plan application meets the application review criteria.
2. 
General Requirements. The recommendations of the Community Development Director shall be based on the following criteria:
a. 
The extent to which the proposal conforms to the previous Subsections of these regulations.
b. 
The extent to which the development would be compatible with the surrounding area.
c. 
The extent to which the proposal conforms to the provisions of the City's Subdivision Regulations.
d. 
The extent to which the proposal conforms to customary engineering standards used in the City.
e. 
The extent to which the location of streets, paths, walkways, and driveways are located to enhance safety and minimize any adverse traffic impact on the surrounding area.
H. 
Amended Site Plans. Once a site plan has been approved, changes in the site plan shall be made only after approval by the City.
I. 
Procedure For Amended Site Plan Applications. When an application for an amended site plan is filed, the Community Development Director shall determine whether the amended site plan involves substantial or minor changes, and shall notify the applicant within seven (7) working days of the nature of the requested changes and of the procedure that applies to consideration of the application for an amended site plan. The determination of the Community Development Director may be appealed to the City Council, whose decision shall be final.
J. 
Site Plan — Substantial Changes. Substantial changes, as defined in Subsection (L), below, to the approved site plan may be approved only by the Planning Commission after review and recommendation by the Community Development Director. Approval of substantial changes to the approved site plan shall follow the procedure for original approval of the site plan.
K. 
Site Plan — Minor Changes. Minor changes shall include changes not defined herein as substantial, and may be approved by the Community Development Director provided no more than two (2) amended site plans shall be approved that involve minor changes.
L. 
Definition Of Substantial Changes.
1. 
For purposes of this Section, "substantial changes" to the approved site plan shall mean any of the following:
a. 
A change in the number or sequence of phases, if any;
b. 
Increases in the density or intensity of residential uses greater than or equal to five percent (5%);
c. 
Increases in the total floor area of all non-residential buildings covered by the plan greater than or equal to ten percent (10%);
d. 
Increases of lot coverage greater than or equal to five percent (5%);
e. 
Increases in the height of any building greater than or equal to ten percent (10%);
f. 
Changes to construction material, color palette, or architectural style as determined by the Community Development Director;
g. 
Changes in ownership patterns, stages of construction, or declared use or business that will lead to a different development concept;
h. 
Changes in ownership patterns, stages of construction, or declared use or business that will impose substantially greater loads on streets and other public facilities;
i. 
Decreases of any setback greater than or equal to five (5) feet or ten percent (10%), whichever is less;
j. 
Decreases of areas devoted to open space greater than or equal to five percent (5%), or the substantial relocation of such areas;
k. 
Changes to the ingress/egress to property or of traffic or circulation patterns that will affect traffic outside of the project boundaries;
l. 
Modification or removal of conditions to the site plan approval;
m. 
Reconfiguration of building locations where:
(1) 
The reconfiguration substantially increases the density or intensity of uses, total floor area of any non-residential building, lot coverage, or the height of any buildings; decreases the setbacks, or open space of the development; or changes the architectural style of the project or buildings; or modifies or removes conditions of the approved site plan; and
(2) 
The reconfiguration does not substantially alter the circulation patterns external to the site and/or the ingress and egress on the property;
n. 
Changes to the utility plans that substantially impact other elements of an approved site plan as determined by the Community Development Director;
o. 
The Community Development Director, at his/her discretion, may determine and find any other change to an approved site plan that is not otherwise defined in this Section as substantial. Such determination and finding may be appealed to the Planning Commission.
M. 
Fees.
1. 
Site Plan Review (New).
a. 
Less than two (2) acres — Two hundred fifty dollars ($250.00) for up to two (2) plan reviews plus one hundred twenty-five dollars ($125.00) for each review thereafter; or
b. 
Two (2) to ten (10) acres — Five hundred dollars ($500.00) for up to two (2) plan reviews plus two hundred fifty dollars ($250.00) for each review thereafter; or
c. 
Over ten (10) acres — Seven hundred fifty dollars ($750.00) for up to two (2) plan reviews plus three hundred seventy-five dollars ($375.00) for each review thereafter.
2. 
Site Plan Review (Amendment To An Approved Plan).
a. 
Minor changes — Fifty percent (50%) of the cost for a "new" review; or
b. 
Substantial changes — One hundred percent (100%) of the cost for a "new" review.
3. 
Reimbursement For Additional Costs.
a. 
When additional costs are incurred by the City for any consultation with the City's engineers, attorneys, or other professional related to plan review, all additional costs incurred above the application fee for permit review, reimbursement by the applicant shall be required.
b. 
When such costs are anticipated, the City may require a retainer of no less than five hundred dollars ($500.00).