Olivette City Zoning Code
ARTICLE XI
Site Plan Review
Section 400.1050 Intent and Purposes.
[R.O. 2008 §280.100; Ord. No. 2387 §1, 9-9-2008]
A.
The site plan review procedure is intended to ensure the adequate review and consideration of potential impacts of proposed development upon surrounding uses and activities. The uses to which this procedure applies are permitted in accordance with specified standards within the designated districts.
B.
The site plan shall demonstrate that all reasonable steps have been taken to minimize the negative effects of a proposed development upon the surrounding built and natural environment as well as upon the subject site itself including, but not limited to, provision for public utilities, especially storm drainage; visual buffering of buildings; parking; traffic and other activities; noise from traffic and other activities; pedestrian convenience and safety; provision of landscaping, open space and recreation facilities; signs and other identification; impact on public facilities such as schools; effect on public income and expenditures and similar considerations.
Section 400.1060 Eligibility.
[R.O. 2008 §280.102; Ord. No. 2387 §1, 9-9-2008; Ord. No. 2576 §2, 3-8-2016; Ord. No. 2645, 10-23-2018[1]]
A.
Applications for a proposed development requiring site plan review may be filed by any person with a financial, contractual or proprietary interest in the property proposed to be developed.
B.
The application shall be accompanied by a filing fee in accordance with Schedule I, Land Use Fees, being part of Title IV, Land Use of the Olivette Municipal Code.
[1]
Editor's Note: Ord. No. 2645 also changed the title of this Section from "Applicants" to "Eligibility."
Section 400.1070 Consultation.
[R.O. 2008 §280.103; Ord. No. 2387 §1, 9-9-2008]
The applicant is advised to consult with the Planning and Zoning Administrator regarding procedural requirements prior to the preparation of the application to expedite the review of the application and minimize delays.
Section 400.1080 Submission Requirements.
[R.O. 2008 §280.104; Ord. No. 2387 §1, 9-9-2008]
A.
The application shall be made at least thirty (30) days prior to a regularly scheduled meeting of the Commission on forms prescribed by the City and shall be accompanied by a filing fee designated by City ordinance. Applications for single-family home review shall include three (3) copies of the following supporting documents:
1.
Site plan prepared by a professional engineer or registered land surveyor of the State of Missouri at a scale no greater than one inch equals twenty feet (1" = 20') and shall be provided on a minimum eleven (11) inch by eighteen (18) inch sheet of paper. The site plan shall include existing site information, proposed structure information, adjacent property information, and site data as outlined in the petition for single-family home site plan and community design review.
2.
A minimum of two (2) site sections of the site, perpendicular to one another, signed and sealed by a professional engineer or registered land surveyor of the State of Missouri. Said site section shall be scaled one-eighth of an inch equals one foot (⅛" = 1') or at one foot equals ten feet (1" = 10'). The site section shall include existing and proposed contour information and location of the proposed residential structure as outlined in the petition for single-family home site plan and community design review.
3.
A streetscape elevation providing a pictorial elevation of the streetscape, including the street side building elevation, at least two (2) homes on each side of the proposed house, existing topography and grades along the street and front of each home illustrated, and other items as outlined in the petition for single-family home site plan and community design review.
4.
Building plans prepared and sealed by a registered architect. Said plans shall be scaled at one- quarter of an inch equals one foot (¼" = 1')and include a separate sheet for each building floor, including the basement, elevations showing each exterior wall and material finishes, and cross sections of the foundation wall and typical roof section, and other items as outlined in the petition for single-family home site plan and community design review.
5.
Project report as outlined in the petition for single-family home site plan and community design review.
B.
Applications for non-single-family home review, including commercial, industrial and multi-family uses, shall include five (5) copies of the following supporting documents:
1.
Site plan prepared by a professional engineer or registered land surveyor of the State of Missouri at a scale no greater than one inch equals twenty feet (1" = 20') on sheets of paper no smaller than eleven (11) inch by eighteen (18) inch. The site plan shall provide a separate sheet for each of the following: cover sheet, existing site information, concept site plan, proposed site plan, existing and proposed drainage area map and landscape plan. Each sheet shall contain the site data outlined in the petition for non-residential development site plan and community design review.
2.
A minimum of two (2) site sections of the site, perpendicular to one another, signed and sealed by a professional engineer or registered land surveyor of the State of Missouri. Said site section shall be scaled one-eighth of an inch equals one foot (⅛" = 1') or at one foot equals ten feet (1' = 10'). The site section shall include existing and proposed contour information and proposed site improvements and other items as outlined in the petition for non-residential development site plan and community design review.
3.
A streetscape elevation providing a pictorial elevation of the streetscape, including the street side building elevation, the elevation of the primary structure of the lot adjacent to or across the street from the subject property, the existing topography and grades along the street and front of each structure illustrated, and other items as outlined in the petition for non-residential site plan and community design review
4.
Building plans prepared and sealed by a registered architect. Said plans shall be scaled no smaller than one-eighth of an inch equals one foot (⅛" = 1') or at one foot equals ten feet (1' = 10') and include a separate sheet for each building floor, including the basement, elevations showing each exterior wall and material finishes, and cross sections of the foundation wall and typical roof section, and other items as outlined in the petition for non-residential site plan and community design review.
5.
Project report as outlined in the petition for non-residential site plan and community design review.
Section 400.1090 Review Procedure.
[R.O. 2008 §280.106; Ord. No. 2387 §1, 9-9-2008]
A.
Site plan review procedures for proposed uses in the "SR" District which do not require rezoning, but are subject to site plan review and design review as required by Article I, Chapter 425 of the Olivette Municipal Code. An application for site plan review, together with the information and plans specified in Section 400.1080, shall be submitted to the Planning and Zoning Administrator at least thirty (30) days prior to a regularly scheduled meeting of the Commission.
1.
Site plan data shall be provided in accordance with the requirements of Section 400.1080, provided that same shall include only those items necessary to address the proposed action as specified by the Planning and Zoning Administrator. The application shall be accompanied by a number of copies as may be required by the Administrator.
[Ord. No. 2576 §3, 3-8-2016]
2.
The Planning and Zoning Administrator shall review the application to determine its compliance with applicable law and shall approve, approve with conditions or deny the application. Conditions placed on an approved application shall be resolved to the satisfaction of the Planning and Zoning Administrator prior to issuance of a building permit. The Administrator shall state in writing any reason for denial.
B.
Site plan review procedures for proposed uses in the "COR" District which do not require rezoning, but are subject to site plan review. An application for site plan review shall be submitted to the Commission at least thirty (30) days prior to a scheduled meeting.
1.
Such application, together with the information and plans specified in Section 400.1080, provided that same shall include only those items necessary to address the proposed action, as specified by the Planning and Zoning Administrator, shall be considered at a meeting of the Commission. The application shall be accompanied by a number of copies as may be required by the Administrator.
[Ord. No. 2576 §3, 3-8-2016]
2.
The Commission shall review the application to determine the environmental impact of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general health, safety and welfare of the City of Olivette, including each of the factors set forth in Section 400.1050 hereof.
3.
The Commission, within one hundred twenty (120) days after submission to it, shall vote to approve or disapprove the application. Conditions may be placed on the approval as deemed appropriate by the Commission.
4.
Within the two (2) week period following the Commission action, the applicant may, by written notice to the Commission and the City Council, appeal the decision to the City Council. After review and consideration of the factors set forth in Section 400.1050 hereof, the City Council may override the decision of the Commission by a three-fourths (¾) vote of its full membership.
5.
Within the two (2) week period following the Commission action, the City Council may, by written notice requested by any Council member, have the application referred to that body. After review and consideration of the factors set forth in Section 400.1050 hereof, the City Council may override the Commission decision by a three-fourths (¾) vote of its full membership.
6.
Conditions placed on an approved application shall be resolved to the satisfaction of the City Manager after appropriate consultation with the City Planning Consultant, City Attorney and Commission prior to issuance of a building permit.
C.
Site plan review procedure for a "PRO" or an "AR" application shall be submitted to the Planning and Zoning Administrator at least thirty (30) days prior to a regularly scheduled meeting of the Commission.
1.
Such application, together with the information and plans specified in Section 400.1080, provided that same shall include only those items necessary to address the proposed action, as specified by the Planning and Zoning Administrator, shall be considered at a meeting of the Commission. Notices of such meeting shall be sent to the owners of all properties within one hundred eighty-five (185) feet of the parcel included in the application.
2.
The Commission shall make a report regarding the environmental impact of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general public health, safety and welfare of the City of Olivette, including each of the factors set forth in Section 400.1050 hereof. The Commission's findings and recommendations shall be submitted to the City Council within one hundred twenty (120) days after submission to it. If the recommendation is for approval, same shall contain the conditions or restrictions recommended by the Commission with respect to the preliminary development plan.
3.
The Commission may recommend approval or disapproval. The Commission may fail to issue a recommendation or report within such time period, whereupon the proposal shall be deemed to be approved. The Commission may report that it cannot reach a decision upon the proposal within such time period, whereupon the proposal shall be deemed to be disapproved. The Commission may request more time to consider the proposal, whereupon the Council may, at its option, either:
4.
The City Council shall hold a public hearing thereon upon at least fifteen (15) days' public notice and shall make a determination based upon the factors set forth in Section 400.1050 hereof and for a "PRO" application, the standards set forth in Article VII hereof, and for an "AR" application, the standards set forth in Article V.
5.
If the Commission recommendation is for approval with or without conditions, a simple majority of the Council in favor is required for approval. If the Commission recommendation is to not approve the application, a favorable vote of three-fourths (¾) of all the members of the Council is required for approval. If the application is approved by the City Council, the City Council shall adopt an ordinance approving the preliminary development plan with conditions as specified therein, which ordinance shall become effective on approval by the Commission of the final development plan.
6.
Within nine (9) months following passage of an ordinance approving the preliminary development plan, the petitioner shall submit a final development plan to the Commission for its review and consideration to determine if said final development plan is in substantial conformance with the approved preliminary development plan and with the imposed conditions of approval. If the final development plan contains material deviations from the approved preliminary development plan or if the conditions of the preliminary development plan approval are not adequately met, same shall not be approved. After approval of the final development plan by the Commission, same shall be recorded.
D.
Site Plan Review Procedures For Special Permit Or Rezoning.
1.
Such application, together with the information and plans specified in Section 400.1080, provided that same shall include only those items necessary to address the proposed action, as specified by the Planning and Zoning Administrator, shall be considered at a meeting of the Commission.
2.
The Commission shall make a report regarding the environmental impact of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general health, safety and welfare of the City of Olivette, including each of the factors set forth in Section 400.1050 hereof. The Commission's findings and recommendations shall be submitted to the City Council within one hundred twenty (120) days after submission to it. If the recommendation is for approval, same shall contain the conditions or restrictions recommended by the Commission with respect to the preliminary development plan.
3.
The Commission may recommend approval or disapproval. The Commission may fail to issue a recommendation or report within such time period, whereupon the proposal shall be deemed to be approved. The Commission may report that it cannot reach a decision upon the proposal within such time period, whereupon the proposal shall be deemed to be disapproved. The Commission may request more time to consider the proposal, whereupon the Council may, at its option, either:
4.
The City Council shall hold a public hearing thereon upon at least fifteen (15) days' public notice and shall make a determination based upon the factors set forth in Section 400.1050 hereof.
5.
If the Commission recommendation is for approval with or without conditions, a simple majority of the Council in favor is required for approval. If the Commission recommendation is to not approve the application, a favorable vote of three-fourths (¾) of all the members of the Council is required to approve the application.
Section 400.1100 Resubmissions.
[R.O. 2008 §280.107; Ord. No. 2387 §1, 9-9-2008; Ord. No. 2576 §2, 3-8-2016]
A.
Any application submitted in accordance with this Article which has been reviewed by the Commission and which the applicant wishes to revise and resubmit prior to final action by the Commission shall be revised and resubmitted at least fifteen (15) days prior to the scheduled meeting at which final action is requested; provided, however, that any revision and resubmittal under this Section which the Planning and Zoning Administrator determines will contain substantial revisions and will require additional review shall be made at least thirty (30) days prior to the scheduled meeting at which final action is requested.
B.
Amendment Procedures For An Approved Site Plan.
1.
For all applications for approval of an amendment to an approved site plan review or modification of one (1) or more conditions thereof, the review and approval procedures of Section 400.1090 shall apply, except where the Commission determines that:
a.
A proposed modification will not increase the gross floor area of an approved permitted or special use by more than twenty percent (20%); and
b.
A proposed modification will not require installation of additional parking spaces or loading spaces under Article XIV of this Chapter; and
c.
After considering the environmental impact of the proposed modification upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general health, safety and welfare of the City of Olivette, including each of the factors set forth in Section 400.1050 of this Chapter, a proposed modification will not negatively impact the surrounding built and natural environment.
d.
The approval for amendment shall be considered a minor site plan review.
2.
Upon reaching a decision to approve or disapprove any application for a special use permit amendment or modification reviewed under procedures of Section 400.1090(B), the Planning and Community Design Commission shall promptly notify the City Council, in writing, of the decision and of any conditions imposed.
Section 400.1110 Conditions and Restrictions.
[R.O. 2008 §280.108; Ord. No. 2387 §1, 9-9-2008]
A.
In approving a site plan application, the Commission may impose conditions and restrictions and may vary the standards set forth in this Chapter so long as it makes a specific finding that the considerations set forth in Section 400.1050 have been satisfied and a specific finding that the intent of this Chapter is carried out. However, specified use regulations shall not be varied so as to make them less restrictive.
B.
If the City Council so acts, it shall designate specific requirements which must be met before an applicant may be granted approval of a final development plan and a building permit.
Section 400.1120 Period of Validity.
[R.O. 2008 §280.110; Ord. No. 2387 §1, 9-9-2008]
No site plan approval shall be valid for a period longer than twelve (12) months from the date of approval of the site plan application, unless within such period a building permit is obtained and construction is commenced. The City Council may grant extensions not exceeding twelve (12) months each upon written request of the original applicant if the application submitted at the time of the request is substantially the same as the initially approved application. However, the City Council has the power in such cases to attach new conditions to re-approval. Should a request for extension of an approved site plan contain material changes as determined by the Council, the Council shall require the applicant to refile the application subject to the requirements and procedures of site plan review and the appropriate zoning requirements.
Section 400.1130 Building Permit For Approved Site Plan.
[R.O. 2008 §280.112; Ord. No. 2387 §1, 9-9-2008]
No building permit shall be issued for the construction of any improvement or property included within an approved development plan which is not in conformity with the final approved plan.
Section 400.1135 Maintenance.
[R.O. 2008 §170.105; Ord. No. 1757, 7-14-1992]
In the event of damage to plant materials which are required under any City ordinance or permit, dead or damaged materials shall be promptly removed and replaced with at least the same quality and quantity of material as originally required.