All development in the C-1, C-2, and C-3 Commercial districts and all PD Planned Development Districts are subject to site plan review and the submission of a master development plan as set forth in the requirements of the subsequent sections of this Chapter.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

Approval of a master development plan shall be vested in the sound legislative discretion of the Board of Aldermen as a zoning enactment and in consideration of prior review of the proposed plan by the Planning and Zoning Commission. In exercising its discretion, the board should consider the general health, safety and welfare of the community and such circumstances as the Board may deem to have a bearing on the propriety of the plan, as well as whether a proposed plan adequately serves the following goals for commercial zoning designation and approval of the master development plan:

1.

Proposed use(s) should be compatible with the uses on adjoining property and with the surrounding neighborhood;

2.

The size, floor area, mass, siting and configuration of the proposed use and/or structure(s) should be appropriate and reasonable in relation to adjacent structures and buildings on surrounding property and in the surrounding neighborhood.

3.

The frequency and duration of various indoor and outdoor activities and special events associated with the proposed should not have a deleterious impact on the surrounding area.

4.

Streets adjacent to the proposed use should have sufficient capacity to service any increased traffic volume associated with the proposed use while maintaining adequate and reasonable levels of service for the community.

5.

The number of transit movements on abutting streets and on minor streets in the neighborhood to be generated by or associated with the proposed use should cause no significant increase in hourly or daily traffic levels or compromise the safe and efficient movement of regular and emergency traffic through the area.

6.

Noise levels generated by activities associated with the proposed use should not adversely impact the ambient noise levels of the surrounding areas and neighborhood.

7.

Activities associated with the proposed use(s) should not generate obnoxious odors to the detriment of the surrounding area.

8.

Buildings, structures and proposed use(s) should not generate significant demands on fire and police protections services in excess of the individual demands of adjacent land uses, and not present any real or potential fire or public safety hazard.

9.

Buildings, structures and proposed use(s) should not adversely affect the general appearance of the neighborhood due to location on the parcel of ground or due to the materials used in the construction of any proposed buildings, or structures being greatly dissimilar to surrounding appearances of buildings, or due to the architecture of any proposed buildings being of such a nature as to create visual disharmony within the neighborhood.

10.

The intensity, duration and frequency of lighting associated with the development should not adversely impact adjacent properties or significantly increase the ambient level of night light in the neighborhood.

11.

The landscape plan for the development should be adequate in regard to the creation and maintenance of landscaped areas as opposed to areas to be left in a natural state, and the use of buffers and screens as opposed to open land areas.

12.

Buildings, structures and proposed use(s) should not adversely affect the neighborhood in terms of water runoff, noise transfer or heat generation due to significant amounts of hard surfaced areas for buildings, sidewalks, drives, parking lots and service areas.

13.

Buildings and structures should be such that they are likely to remain in existence for a reasonable length of time and not become vacant or unused and not involve the presence of unusual, single-purpose structures or components of a temporary nature.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

Development of lots located in the City's commercial zoning districts as specified in Section 412.050 above shall be carried out in accordance with a Master Development Plan subject to the approval of the Board of Aldermen as set forth below:

A.

The owner or owners of any tract of land located in a commercial zoning district and which meets the requirements for development in such District shall file with the Director of Public Works an application for the use of such tract of land. Each application shall be accompanied by payment of the application fees provided in accord with Chapter 420, Section 420.015 of this Code.

1.

The name of the developer, owner, and professional architect, engineer, landscape architect, planner, or land surveyor responsible for preparation of site plans.

2.

The existing and proposed contour intervals identifying all grade changes and areas of cut and fill. Information shall be prepared at a minimum contour interval of two (2) feet or one (1) foot in areas where average slopes are three percent (3%) or less.

3.

All proposed uses and structures (present and future) and the general location, height, size and configuration thereof, including the specific location of all setback lines and the buildable area of the lot.

4.

The location, dimension and general character of all buffer areas.

5.

Plans for the provision of water, sanitary sewage, and storm drainage facilities.

6.

All easements, dedications or other public improvements.

7.

Ingress and egress facilities.

8.

Any proposed public or private roadways which will service the development.

9.

The number and location of parking spaces and moving traffic lanes.

10.

Development phasing.

11.

Specific data and/or reports reflecting the impact of the proposed development on traffic patterns, traffic loads and public services, including, but not limited to, water, sewerage and other utilities.

12.

Other information of a similar character which the Planning and Zoning Commission and/or Board of Aldermen may designate.

B.

Upon the filing of the application and Preliminary Development Plan with the Director of Public Works, it shall be referred to the Planning and Zoning Commission for review, study, and report. The Planning and Zoning Commission shall review the application and Preliminary Development Plan and shall report to the Board of Aldermen, within one hundred (100) days of the date of the next regular meeting of the Planning and Zoning Commission following the filing of the application, with its recommendations as to the application and development plan including recommendations for phasing of the development, if applicable The report of the Planning and Zoning Commission may also include findings as to the impact of the proposed development on public roadways and other public services and/or recommendations as to the timing of such development in conjunction with the availability of such roadways or public services. If no such report is made, the Planning and Zoning Commission shall be deemed to have approved the application upon the expiration of the one hundred-day period aforesaid, unless the applicant shall agree in writing to an extension of such time limitation.

The Board of Aldermen shall conduct a public hearing concerning the same after having given notice of the time, place, and purpose of such public hearing by at least one notice in a newspaper of general circulation within the City of Des Peres at least fifteen (15) days prior to the date of the public hearing.

After such hearing, the Board may then either approve, disapprove, or modify and then approve the application and the Preliminary Development Plan, or it may return the same to the Planning and Zoning Commission for further study and report. The Board of Aldermen may also approve the Preliminary Development Plan conditionally upon the contingency that no building and/or occupancy permit may be issued with respect to the development until the completion or improvement of roadways and/or other public services sufficient to serve the development without detrimental impact upon surrounding users of such facilities has been accomplished. In the event of such conditional approval, the specific contingencies which must be satisfied shall be recited by the Board in the document of action on the proposed development.

Approval or conditional approval of a Preliminary Development Plan by the Board of Aldermen shall be indicative of a general acceptance of the character of the proposed development and shall not give rise to any presumptions or obligation with respect to consideration of the Master Development Plan on the part of the Planning and Zoning Commission or the Board of Aldermen.

C.

If a Preliminary Development Plan is approved or conditionally approved by the Board of Aldermen, the applicant shall prepare and file a Master Development Plan application within one (1) year of the date of such approval. If no application for a Master Development Plan is filed within one (1) year of the approval of the Preliminary Development Plan, the approval of such preliminary plan shall automatically be revoked and held for naught unless the Board of Aldermen shall extend the time for filing of the Master Development Plan application at the request of the owner or developer of the property.

D.

The application for a Master Development Plan shall include the following:

1.

The name of the developer, owner, and professional architect, engineer, landscape architect, planner, or land surveyor responsible for preparation of site plans.

2.

The existing and proposed contour intervals identifying all grade changes and areas of cut and fill. Information shall be prepared at a minimum contour interval of two (2) feet or one (1) foot in areas where average slopes are three (3) percent or less.

3.

All proposed uses and structures (present and future) and all building plans and elevations depicting materials and exterior treatments, height, bulk and location relationships. All setback lines and the buildable area of the lot shall be shown on the Master Development Plan.

4.

The landscape plan with the specific description and location of all woodlands trees, major vegetation areas, and other natural resources and specific provisions taken to preserve or minimize the impact upon these features.

5.

Plans for the provision of water, sanitary sewage, and storm drainage facilities.

6.

All easements, dedications or other public improvements and the specific location and construction details of each.

7.

Ingress and egress facilities.

8.

Location and construction details of all sidewalks.

9.

Any proposed public or private roadways which will service the development and the specific locations and construction details of each.

10.

The number and location of parking spaces and moving traffic lanes.

11.

A detailed plan identifying and describing all provisions for the illumination of parking or landscape areas and any exterior building illumination. Such plan shall include the types and intensities of illumination to be utilized and the location, height and direction of such equipment.

12.

Development phasing.

13.

Specific data and/or reports reflecting the impact of the proposed development on traffic patterns, traffic loads and public services, including, but not limited to, water, sewerage and other utilities.

14.

Other information of a similar character which the Planning and Zoning Commission and/or Board of Aldermen may designate.

E.

Upon the filing of the application and Master Development Plan with the Director of Public Works, it shall be referred to the Planning and Zoning Commission for review, study, and report. The Planning and Zoning Commission shall review the application and Master Development Plan and shall report to the Board of Aldermen, within one hundred (100) days of the date of the next regular meeting of the Planning and Zoning Commission following the filing of the application, with its recommendations as to the application and development plan including recommendations for phasing of the development if applicable. The report of the Planning and Zoning Commission may also include findings as to the impact of the proposed development on public roadways and other public services and/or recommendations as to the timing of such development in conjunction with the availability of such roadways or public services. If no such report is made, the Planning and Zoning Commission shall be deemed to have approved the application upon the expiration of the one hundred-day period aforesaid, unless the applicant shall agree in writing to an extension of such time limitation.

The Board of Aldermen may, in its sole discretion, conduct a public hearing concerning the same after having given notice of the time, place, and purpose of such public hearing by at least one (1) notice in a newspaper of general circulation within the City of Des Peres at least fifteen (15) days prior to the date of the public hearing.

The Board may either approve, disapprove, or modify and then approve the application and the Master Development Plan, or it may return the same to the Planning and Zoning Commission for further study and report. The Board of Aldermen may also approve the Master Development Plan conditionally upon the contingency that no building and/or occupancy permit may be issued with respect to the development until the completion or improvement of roadways and/or other public services sufficient to serve the development without detrimental impact upon surrounding users of such facilities has been accomplished. In the event of such conditional approval, the specific contingencies which must be satisfied shall be recited by the Board in the document of action on the proposed development.

F.

At the request of the applicant, application for and consideration of Preliminary and Master Development plans may be consolidated. In such cases, the application shall be treated as an application for a Master Development Plan and all materials and data required for Preliminary and Master Development Plans shall be submitted and considered concurrently. If a consolidated application is submitted, at least one public hearing before the Board of Aldermen shall be required.

G.

Any ordinance or resolution of the Board of Aldermen and any report of the Planning and Zoning Commission with reference to either a Preliminary Development Plan or a Master Development Plan shall refer specifically to and incorporate by reference the plans, drawings, renderings, reports, descriptions and other documents supporting the application considered and acted upon by the Board or Commission.

The Director of Public Works shall maintain a permanent file with respect to each development for which a Preliminary or Master Development Plan has been approved by the Board of Aldermen, which file shall include a true copy of the ordinance or resolution and any exhibits attached thereto, including at least one set of all plans and documents referenced therein which shall have been authenticated thereon by the Director of Public Works as being true and accurate copies of the plans and documents to which the Board of Aldermen had reference in adopting such ordinance or resolution.

H.

No building permit shall be issued to construct any part or all of the development until such time as: (a) the Board of Aldermen has approved the Master Development Plan; and (b) the approved Plan has been recorded with the office of the Recorder of Deeds for St. Louis County, Missouri; and (c) there is posted and filed with the Director of Public Works a performance bond or a performance escrow sufficient to insure [ensure] to the city the completion of all public improvements, approved landscaping and restoration of the remaining portions of the development area if any improvements are undertaken but not completed, in an amount as determined by the Board of Aldermen and in a form approved by the City Attorney and the Board of Aldermen; and (d) unless the construction plans meet all requirements of the City of Des Peres.

I.

Any transfer of ownership or lease of property shall include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions herein set forth and the approved Master Development Plan for the property. There shall be adequate legal provisions to insure [ensure] that the Master Development Plan approved will be actually constructed and completed and that any common areas will be properly protected and maintained, and in order to effectuate this paragraph, it may be required as a condition of approval of the Master Development Plan that the Master Development Plan be recorded with the St. Louis County Recorder of Deeds and that deed restrictions or a trust indenture be executed and recorded.

J.

Any property as to which a Master Development Plan under this section has been approved as aforesaid may thereafter be used only in compliance with the terms of such approved Master Development Plan. Any person seeking to alter or amend any uses or structures may do so only if an appropriate amendment to the approved Master Development Plan has been approved by the Board of Aldermen. Applications for an amendment to an approved Master Development Plan shall be subject to the same procedures, fees and requirements pertaining to original applications for Preliminary and Master Development Plans as set forth above.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A.

All nonresidential uses shall be subject to the general provisions for commercial development in the City of Des Peres (Chapter 406, Section 406.035 of this Title).

B.

All uses within the District shall be subject to requirements for off-street parking in the City of Des Peres (Chapter 410 of this Title).

C.

The sale, display or storage of goods and merchandise in other than a completely enclosed building shall comply with the provisions of Section 404.035, D, 4 of this Title.

D.

Notwithstanding other applicable requirements of this Chapter or this Title, any master development plan for new construction, rehabilitation of existing of existing buildings, or redevelopment of properties within any zoning district in the City of Des Peres is required to comply with the applicable provisions of Chapter 6, Buildings and Building Regulations of the Municipal Code and as this Chapter may be amended.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)