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Olivette City Zoning Code

ARTICLE XXII

"M-U" Gateway I-170/Olive Boulevard Mixed-Use Gateway District

Section 400.2100 Intent and Purpose.

[Ord. No. 2485 §1, 10-9-2012; Ord. No. 2796, 6-11-2024]
A. 
The intent and purpose of the "M-U" Gateway District is to ensure the coordinated redevelopment of the land area adjacent to the I-170/Olive Boulevard interchange to develop a mixed-use gateway to the City of Olivette in substantial compliance with the Olivette Comprehensive Plan, all regulations and standards in this Article, and all other applicable or informative land use regulations of the Olivette Municipal Code.
B. 
To provide the flexibility necessary to effect the intent and purpose of this Article, the method by which such redevelopment shall take place is by application for rezoning to a Planned Development District (PDD), after concept review and development review as provided in Section 400.2170 of this Article. A PDD rezoning application should be accompanied by any necessary subdivision application as may be required by Chapter 405 of the Olivette Municipal Code.

Section 400.2110 Boundaries.

[Ord. No. 2485 §1, 10-9-2012]
The boundaries of the "M-U" Gateway District shall be all non-residential properties or vacant properties and rights-of-ways abutting Olive Boulevard, or said properties whose only access is onto Olive Boulevard via access easements, located between I-170 on the east and Price Road on the west. See Figure 1 below.
Figure 1: Boundaries of the "M-U" Gateway District

Section 400.2120 Objectives.

[Ord. No. 2485 §1, 10-9-2012; Ord. No. 2796, 6-11-2024]
A. 
The objectives of the "M-U" Gateway District include:
1. 
Guiding development surrounding the I-170/Olive Boulevard interchange to create a mixed-land use destination, with emphasis on promoting:
a. 
Medium density development consisting of two (2) or more stories,
b. 
Development of corporate offices, educational campuses, and medical services, and
c. 
Development of housing and lodging services.
2. 
Limiting retail land uses to prevent such uses from dominating or fully anchoring redevelopment.
3. 
Maximizing development by encouraging higher development density.
4. 
Assuring that the street system is coordinated and managed with regard to the Olive Boulevard corridor.
5. 
Providing redevelopment flexibility while coordinating redevelopment efforts with surrounding properties.
6. 
Enabling redevelopment that is consistent with the Comprehensive Plan.
7. 
Developing a safe and attractive pedestrian environment along the Olive Boulevard corridor and within the district.
8. 
Provide minimum standards and regulations to protect and preserve the value of properties along the Olive Boulevard corridor.

Section 400.2130 Definitions.

[Ord. No. 2485 §1, 10-9-2012; Ord. No. 2796, 6-11-2024]
The following words, terms, and phrases shall have the following meanings:
COMMISSION
The City of Olivette Planning and Community Design Commission.
COUNCIL
The City of Olivette City Council.
ENCLOSED BUILDING STRUCTURE
Any permanent structure having a roof or other covering and in which the area under the roof or other covering is shielded from exterior elements by a wall or other architectural veneer. A canopy, awning, tent, or pavilion shall not be considered an enclosed building structure.
FLOOR AREA
The sum of the horizontal surfaces of the floors of a commercial, industrial, or multi-family enclosed building structure measured from the exterior limits of the faces of the enclosed building structure.
FOCAL FEATURE
A structure, item or area with important aesthetic, historic or cultural significance including, but not limited to, statues, monuments, historical markers, decorative clocks or sundials, murals and other forms of public art and water fountains.
FREESTANDING
(Also used interchangeably with stand-alone structure) An enclosed building structure designed to accommodate the operations of or the occupancy of a single tenant or land use.
LAND AREA
The area of land zoned "M-U" Gateway District.
PDD
Acronym used for the term Planned Development District.
PLANNED DEVELOPMENT DISTRICT
A development adopted under this Article.
PRIVATELY-OWNED COMMON AREA
Improved land subject to deed restriction or covenant ensuring accessibility to and use by the users of the development and the maintenance of the development.
PUBLIC SPACE
Land dedicated and improved for public use.
STAND-ALONE STRUCTURE
An enclosed building structure designed to accommodate the operations of or the occupancy of a single tenant or land use.
ZONING ADMINISTRATOR
The Planning and Zoning Administrator of the City of Olivette.

Section 400.2140 Eligibility.

[Ord. No. 2485 §1, 10-9-2012; Ord. No. 2645, 10-23-2018]
A. 
Minimum development area shall be eighty thousand (80,000) square feet.
B. 
Proposed developments less than eighty thousand (80,000) square feet may join with adjacent property, within or outside of the district (subject to rezoning), to meet the minimum required area.
C. 
Any petition to develop property shall identify, for each lot within the development boundary:
1. 
All owner(s) of record;
2. 
All owner(s) under contract;
3. 
The authorized representative of all owner(s) of record or owner(s) under contract; and
4. 
If an applicant has been named as a developer of one (1) or more lots pursuant to a plan approved by the City Council, the ordinance or resolution number granting such authority.

Section 400.2150 Dimensional Standards.

[Ord. No. 2485 §1, 10-9-2012]
A. 
Building Height. Maximum structure height: Forty-five (45) feet, provided that buildings of a greater height may be authorized if approved under the procedures for special permit use review.
B. 
Floor Area. For each of the following land areas, the minimum floor area ratio permitted shall be as follows:
1. 
Lot size. Eight thousand (80,000) square feet or less = 0.3
2. 
Lot size. Greater than eighty thousand (80,000) square feet, but less than two hundred thousand (200,000) square feet = the greater of twenty-four thousand (24,000) square feet or 0.25.
3. 
Lot size. Two hundred thousand (200,000) square feet or greater = the greater of fifty thousand (50,000) square feet or 0.20.
C. 
Maximum Building Setback From Olive Boulevard Or Internally Established Street. Twenty-five (25) feet for any freestanding structure or stand-alone building twenty-five thousand (25,000) square feet or less.
D. 
Any development containing a drive-thru window, drive-thru overhead, or service station canopy shall be screened from the Olive Boulevard corridor per one (1) of the following:
1. 
The window, overhead, or canopy shall be located in the building face directly opposite from the building face along Olive Boulevard; or
2. 
The window, overhead, or canopy shall positioned behind the building structure housing the primary operations.

Section 400.2160 Public Improvements.

[Ord. No. 2485 §1, 10-9-2012]
A. 
Streets And Cross Access Easements. To coordinate both the district's street system and access between developments, any development shall conform to the intent of the street and cross-access easements illustrated in Figure 1 below.
Figure 1. Street Dedication Map
1. 
Hilltop Road, extension north. The existing public right-of-way of Hilltop Drive north of Olive Boulevard shall remain in its current configuration and may not be obstructed or realigned so as to impede direct access north of Alice Place. Full access points shall be restricted the first two hundred fifty (250) feet north of the Olive Boulevard centerline. An exception may be considered for controlled right-in right-out access points within the first two hundred fifty (250) feet north of Olive Boulevard if there is a restrictive median set between opposing traffic lanes on Hilltop Drive.
2. 
Collingwood Drive, extension south. The existing segment of Collingwood Drive south of the intersection of Hilltop Drive and Olive Boulevard shall be reconfigured to extend due south two hundred fifty (250) feet from the centerline of Olive Boulevard. Full access points shall be restricted along the extension, however, an exception may be considered for controlled right-in right-out access points within the first two hundred fifty (250) feet south of Olive Boulevard if there is a restrictive median set between opposing traffic lanes on the south Collingwood Drive extension.
3. 
Collingwood Drive south connector. Any development along the Collingwood Drive extension south shall grant a cross-access to 1010 Collingwood Drive and 1020 Collingwood Drive. Any development of 1010 Collingwood Drive or 1020 Collingwood Drive shall provide cross-access to the Collingwood Drive extension south. The required cross-access shall have a minimum width of twenty-one (21) feet.
4. 
Price Road connector. Any development along the Collingwood Drive extension south shall provide cross-access so that any development to the east can access the Collingwood Drive extension south. Development between the Collingwood Drive extension south and Price Road shall provide for cross-access between the two (2) streets.
B. 
Public Space. A defined and dedicated public space shall be provided for each development boundary.
1. 
The public space shall be in addition to aesthetic and other architectural standards identified in Title IV Land Use of the Olivette Municipal Code.
2. 
The minimum area of public space shall be two thousand five hundred (2,500) square feet per development, and shall be increased an additional twenty (20) square feet for every parking stall in excess of the first one hundred (100) parking stalls within the development. The maximum area of required public space shall be ten thousand (10,000) square feet.
3. 
The required public space may be aggregated, provided that no single public space area is less than one thousand (1,000) square feet.
4. 
Public space shall:
a. 
Be segregated as a separately subdivided lot.
b. 
Contain no buildings, parking lots, streets, rights-of-way, individual stormwater detention or retention areas, utility easements, natural resources protection areas, or any commercial, institutional or industrial business activity.
c. 
Be platted and restricted as privately-owned common area or be dedicated to, and accepted by, the City Council.
d. 
Be improved with the following:
(1) 
Pedestrian ways (sidewalks, trails, etc.).
(2) 
Seating area or benches.
(3) 
Landscaping.
(4) 
Finished grade and surfaces.
(5) 
Utilities (where applicable).
(6) 
Signage (showing public access, etc.).
(7) 
Trash receptacles.
(8) 
Lighting and streetscape improvements.
(9) 
Focal features.
e. 
Where applicable, public space shall be cleared of underbrush and debris, hard surfaced, sodded, or seeded.

Section 400.2170 Procedures For Rezoning.

[Ord. No. 2485 §1, 10-9-2012]
A. 
Procedures For Rezoning. Development in the district shall be permitted through City Council rezoning to a Planned Development District, after concept review and development review as provided herein.
B. 
Concept Review. The petitioner shall prepare and submit a petition for concept review.
1. 
Purpose. The purpose of the concept review is to:
a. 
Identify the consistency of the proposed development concept with the intent, purpose, and objectives of this Article and suggest possible plan modifications; and
b. 
Facilitate the review process by providing the petitioner an opportunity for Commission input prior to initiating the contractual expenses necessary to submit for development review.
2. 
Pre-application conference. Before submitting a petition, the petitioner shall schedule a pre-application conference with the Zoning Administrator to discuss:
a. 
The proposed development, land assembly, site configuration and building layouts, land uses, and architectural characteristics.
b. 
The compatibility of the proposed development with this Article.
c. 
The submission requirements, review procedures, and scheduling.
3. 
Submittal requirements. The petitioner shall complete and submit an original application for concept review in a form supplied by the Zoning Administrator and three (3) copies of the application and an electronic copy of the application in a format as requested by the City. Unless waived by the Zoning Administrator, the application shall include the information required herein and such additional information as the Zoning Administrator deems appropriate.
a. 
Proof of eligibility per Section 400.2140.
b. 
A conceptual development plan consisting of a plan or series of plans depicting the boundaries of the development, identifying existing improvements and natural features within the development area, and illustrating the general location of anticipated structures, including buildings, parking fields, streets and major drive aisles, land use categories, and public spaces and improvements in geographic relation to one another.
c. 
A written narrative of the concept development that demonstrates consistency with and deviations from this Article.
d. 
A development program, which at minimum shall include:
(1) 
Time line for development;
(2) 
Financing approach;
(3) 
Public improvements and amenities;
(4) 
Tenant classifications and descriptions; and
(5) 
Possible subdivisions and street dedications.
e. 
Preliminary technical reports and analyses, including, but not limited to, traffic studies, soils reports, stormwater management, market analysis, financial pro formas, land appraisals, etc., prepared by a qualified agency or person.
f. 
Filing and review fees as established by the City Council.
4. 
Determination of completeness.
a. 
Within fifteen (15) days after receipt of the petition and the required supporting documents, the Zoning Administrator shall determine whether the petition is complete. The Zoning Administrator shall notify the petitioner in writing when the petition is deemed complete.
b. 
If the petition is incomplete, the Zoning Administrator shall return it to the petitioner with a written itemization of the information needed for completion. The petitioner shall either resubmit a complete petition or notify the Zoning Administrator of a pending resubmittal within thirty (30) days. If the resubmittal or notification of a pending resubmittal is not received within this period, the petition may be deemed withdrawn.
5. 
Zoning Administrator's concept review.
a. 
Zoning Administrator's finding. Within twenty (20) days after a complete petition has been filed, the Zoning Administrator shall prepare a written finding, including background or other necessary information addressing inconsistencies with this Article and any modifications recommended for the proposed development's compliance with this Article. This finding shall be contained in one (1) report and transmitted to the petitioner.
b. 
Petitioner's response. Within twenty (20) days of the transmission of the Zoning Administrator's finding, the petitioner may:
(1) 
Submit a written request to the Zoning Administrator for a thirty (30) day extension;
(2) 
Submit a modified concept petition to the Zoning Administrator for another finding;
(3) 
Request that the petition and the finding be forward to the Commission for concept review; or
(4) 
Notify the Zoning Administrator that the petitioner will waive concept review by the Commission and instead file for development review.
c. 
If the petitioner does not timely exercised one (1) of the above options, the petition may be deemed withdrawn.
6. 
Commission's concept review.
a. 
On request of the petitioner, the Zoning Administrator shall forward the petition and the finding to the Commission and shall schedule the concept review for the Commission's next feasible meeting, which such meeting shall not exceed sixty (60) days from the date of the request.
b. 
Notwithstanding the Zoning Administrator's submittal requirements, the Commission may request any additional relevant information in conjunction with its review.
c. 
The petitioner shall be present at the concept review meeting, at which time the Zoning Administrator shall present the proposed development and the Zoning Administrator's finding. The Commission may comment on the proposed development's compliance with this Article and any modifications recommended for such compliance.
d. 
All comments made by the petitioner, the Zoning Administrator, and the Commission at the concept review meeting shall be informal and non-binding.
e. 
Petitioner's response. Within twenty (20) days of the transmission of the concept review meeting, the petitioner may:
(1) 
Submit a written request to the Zoning Administrator for a thirty (30) day extension;
(2) 
Submit a modified concept petition to the Zoning Administrator for another concept review meeting; or
(3) 
Notify the Zoning Administrator that the petitioner will file for development review.
f. 
If the petitioner fails to file for development review within ninety (90) days of notifying the Zoning Administrator of the intent to do so, the Zoning Administrator may require the petitioner to resubmit the application for concept review as provided herein.
C. 
Development Review.
1. 
Effect of development and concept review. In that the purposes of the concept review are to identify inconsistencies between the proposed development and the requirements of this Article, to suggest modifications, and to facilitate a petitioner's application for development review, the concept review findings and comments shall not be binding on the petitioner or the City.
2. 
Submission requirements. The petitioner shall complete and submit an application in a form supplied by the Zoning Administrator, which shall include the following requirements. The Zoning Administrator may require additional information or waive technical requirements as deemed appropriate.
a. 
Proof of eligibility per Section 400.2140.
b. 
Narrative statement. A written narrative of the proposed development that demonstrates consistency with, and explains deviations from, this Article. The narrative statement shall include an explanation of any modifications requested from either this Article or any applicable standards from the following provisions:
(1) 
Chapter 405 Subdivision Regulations
(2) 
Chapter 410 Floodplain Management
(3) 
Chapter 415 Sign Regulations
(4) 
Chapter 420 Stream Buffer Protection Subdivision Regulations
(5) 
Chapter 425 Community Design—General
(6) 
Chapter 428 Community Design—Olive Boulevard Corridor
(7) 
Chapter 430 Redevelopment
c. 
Development plan. A plan, or series of plans, depicting the boundaries of the development, identifying existing improvements and natural features within the development area, and illustrating the location of anticipated structures, including buildings, parking fields, streets and major drive aisles, land use categories, and public spaces and improvements in geographic relation to one another. At a minimum the development plan shall containing the following:
(1) 
Legal description of the development area;
(2) 
The location of the tract in relation to the surrounding area;
(3) 
A north arrow and graphic scale;
(4) 
All underlying zoning setbacks and buffers;
(5) 
Existing and proposed contours at vertical intervals of not more than one (1) foot referred to sea level datum extending up to one hundred fifty (150) feet from the boundaries of the development area. Floodplain and wetland areas shall be delineated;
(6) 
The location of all existing:
(a) 
Property lines, alleys, streets, easements, utilities, etc.;
(b) 
Improvements and structures within the development area and extending up to one hundred fifty (150) feet from the boundaries of the development area, including, but not limited to, buildings, parking areas, driveways and drive aisles, fences, retaining walls, etc.; and
(c) 
Wet and dry weather watercourses, floodplain areas, sinkholes, wetlands, and other significant physical features within the tract and within one hundred fifty (150) feet thereof;
(7) 
The location of all proposed:
(a) 
Property boundaries, including subdivided lots, alleys, streets, easements, utilities, etc.
(b) 
Improvements and structures within the development area, including, but not limited to, buildings, parking areas, driveways and drive aisles, fences, retaining walls, etc.;
(8) 
A minimum of two (2) cross section profiles through the site showing proposed building massing, existing natural grade, and proposed final grade;
(9) 
Proposed ingress and egress for the site, including adjacent streets;
(10) 
The location and number of all parking and loading spaces;
(11) 
A plan for provision of public utilities, including sanitary sewer, water, electric, natural gas and telephone;
(12) 
A grading and drainage plan demonstrating conformance with applicable stormwater management design standards; and
(13) 
Other detailed information and data as deemed necessary by the Zoning Administrator.
d. 
Building plans. Including building layouts, floor plans, and elevations. The building plans shall include several renderings, including one (1) artistic concept rendering or illustration of each typical building type and how it will relate to streetscapes and open spaces.
e. 
Traffic impact analysis. The Zoning Administrator shall determine if a traffic study is necessary based on information presented at the pre-application conference.
(1) 
Traffic studies are required for all petitions that include a motor vehicle oriented business in the City.
(2) 
The specific requirements of a traffic study shall be determined by the Zoning Administrator with technical review by the City's Engineer, if needed.
(3) 
The petitioner may elect to have the City's traffic consultant prepare the study or the petitioner may choose to have another qualified traffic engineer prepare the study in which the City will have reviewed by their own traffic consultant.
(4) 
The petitioner is responsible for the cost of the traffic study prepared by the City's traffic consultant or the review by the City's traffic consultant.
f. 
Development program. A specific development program shall include, but not be limited to:
(1) 
The mix of uses.
(2) 
Types of buildings, including, but not limited to, layouts, square footages, height and stories, tenant mix, and finishes.
(3) 
Amounts of open space and parking expressed in both gross floor area and percentage of total development.
(4) 
Open space plan. A plan including, but not limited to, the following:
(a) 
A conceptual plan for landscaping;
(b) 
Location and details, illustrations, or renderings of any open, public, and civic spaces proposed; and
(c) 
Details, illustrations, or renderings of streetscape designs.
g. 
Communications with agencies. A report detailing all communications and/or meetings held with any agencies, including City departments, which have jurisdiction over, or provide services to, the site including the status of any applications filed with said agencies.
h. 
Fees. Filing and review fees as established by the City Council.
3. 
Determination of completeness.
a. 
Within fifteen (15) days after receipt of the petition and the required supporting documents, the Zoning Administrator shall determine whether the petition is complete. The Zoning Administrator shall notify the petitioner in writing when the petition is deemed complete.
b. 
If the petition is incomplete, the Zoning Administrator shall return it to the petitioner with a written itemization of the information needed for completion. The petitioner shall either resubmit a complete petition or notify the Zoning Administrator of a pending resubmittal within thirty (30) days. If the resubmittal or notification of a pending resubmittal is not received within this period, the petition may be deemed withdrawn.
c. 
Upon determination by the Zoning Administrator that the petition is complete, the petitioner shall prepare and submit the required number of copies of the petition documents deemed necessary by the Zoning Administrator.
d. 
Notwithstanding the Zoning Administrator's determination, the Commission may request any additional relevant information in conjunction with its review.
4. 
Review procedures.
a. 
Zoning Administrator's finding. Within thirty (30) days after the petition has been deemed complete, the Zoning Administrator shall prepare a finding, including any background or other necessary information and addressing inconsistencies with this Article and any modifications recommended for the proposed development's compliance with this Article. This finding shall be contained in one (1) report and transmitted to the petitioner by the Zoning Administrator.
b. 
Petitioner's response. Within thirty (30) days of the transmission of the finding, the petitioner may:
(1) 
Submit a written request to the Zoning Administrator for a thirty (30) day extension.
(2) 
Submit a modified petition to the Zoning Administrator for another finding.
(3) 
Submit a request to the Zoning Administrator to forward the petition to the Commission for development review.
If the petitioner has not timely exercised one (1) of the above options, the petition may be deemed abandoned.
c. 
Commission review.
(1) 
On request of the petitioner, the Zoning Administrator shall schedule the development review for the Commission's next feasible meeting, which meeting shall not be scheduled more than sixty (60) days from the date of the request. The Zoning Administrator shall submit and present the petition and finding to the Commission at that time.
(2) 
The Commission shall act on the petition within one hundred twenty (120) days of the date of the presentation of the petition and the Zoning Administrator's finding, as provided in Section 400.1910 of the Olivette Municipal Code. This deadline may be extended only with the petitioner's consent.
(3) 
The Commission's recommendation to the City Council shall include a comprehensive recommendation on all pending land use applications then germane to the proposed development, including, but not limited to, the requested rezoning to a Planned Development District and any request to approve a special permit use or a preliminary subdivision plat. If the Commission recommends approval of a petition, the recommendation may be as submitted or with modifications.
d. 
Action by the City Council. Within forty-five (45) days of receipt of the Commission's recommendation, the City Council shall schedule a public hearing, following at least fifteen (15) days' public notice, and take action on the petition a provided in Section 400.1910 of the Olivette Municipal Code. This deadline may be extended only with the petitioner's consent.

Section 400.2180 Implementation.

[Ord. No. 2485 §1, 10-9-2012]
A. 
Recording. Upon approval by the City Council, the petitioner shall record a copy of the adopting ordinance establishing the PDD, including the adopted preliminary development review petition, and any final subdivision plat with the St. Louis County Recorder of Deeds. Two (2) original copies of the recorded documents bearing the County Recorder's signature, seal, and notation as to plat book and page shall be returned to the Zoning Administrator before any permits for any manner of construction shall be issued. Failure to record the adopting ordinance establishing the PDD, including the adopted preliminary development review petition, within any time specified of the adopting ordinance, or within one (1) year of its adoption if not specified in the adopting ordinance, the adopting ordinance shall be rescinded.
B. 
Guarantee Of Improvements. Upon approval of the adopting ordinance by the City Council, the petitioner shall enter into an agreement guaranteeing the completion of all public improvements.
1. 
Public improvements that shall be guaranteed, at a minimum, shall include the following:
a. 
Placement of all utilities.
b. 
Placement of all utilities related to fire service needs.
c. 
Costs for the construction of all dedicated and shared access streets, roads, places, and rights-of-way.
d. 
Costs associated with all sidewalks, trails, easements, etc.
e. 
Costs associated with all parking improvements, including parking islands, curbs, and landscaping.
f. 
All streetscape and buffering improvements, including, but not limited to, landscaping, sodding, and irrigation.
g. 
Costs associated with the completion required landscaping associated with this Chapter and Title IV Land Use of the Olivette Municipal Code.
h. 
Costs associated with all proposed public space as required by this Article.
i. 
Costs associated with all stormwater facilities, including infrastructure, plantings, etc.
2. 
Failure to complete the agreement within any time specified in the adopting ordinance, or within one (1) year of its adoption if not specified in the adopting ordinance, shall result in the adopting ordinance being rescinded.
C. 
Design Review.
1. 
Prior to the construction or improvement related to the approved PDD, the petitioner, or any representative thereof, shall prepare and submit a petition for design review. The intent of design review is to:
a. 
Allow for the phasing of construction of portions of the development.
b. 
Ensure construction adheres to the requirements of the adopting ordinance establishing the PDD.
2. 
Submittal requirements. A petition for design review shall be submitted to the Zoning Administrator and shall include the following:
a. 
Petition application. A completed petition application form supplied by the Zoning Administrator, including any supplemental information required by that form.
b. 
Narrative. A narrative statement demonstrating how the final development plan conforms to the adopted "M-U" Gateway District, including all associated development guidelines approved.
c. 
Final development plans. Development plans containing the following:
(1) 
All information required in preliminary development plan;
(2) 
Any additional information required by the "PDD" ordinance; and
(3) 
Other detailed information and data as deemed necessary by the Zoning Administrator.
d. 
Fees. Filing and review fees as established by the City Council.
3. 
Determination of completeness. The petition is complete if it provides sufficient information for the Commission to conduct its review as required in this Section. The determination of completeness for a petition for final development review shall otherwise follow the same method as in Section 400.2170(B)(4).
4. 
Petition review. The Commission shall review the petition for final development review. The review process shall otherwise follow the same method as in Section 400.2170(B)(5).
5. 
Actions by the Commission. The Commission shall have forty-five (45) days to act on the petition.
a. 
Approve the petition as submitted. If the Commission approves the petition as submitted, the petitioner must file a petition for building permit within one hundred eighty (180) days.
b. 
Approve the petition with conditions. If the Commission approves the petition with conditions, the petitioner must resubmit a revised petition for Commission review in accordance with this Section incorporating the Commission conditions within forty-five (45) days.
c. 
Deny the petition noting the reasons of why the petition is inconsistent with the adopted and recorded PDD.
D. 
Modifications. An eligible petitioner shall submit a written request to amend or modify the adopting ordinance establishing the PDD, including the adopted preliminary development review petition to the Zoning Administrator. Submittal requirements shall be those required to act on the requested modification as determined by the Zoning Administrator.
1. 
The Commission may act to extend the development schedule; however, for each extension granted said extension shall not exceed twelve (12) months in duration.
2. 
Other requested amendments which do not require rerecording of the adopting ordinance establishing the PDD, including the adopted preliminary development review petition, shall require that the Commission review the petition and consider a recommendation to the City Council followed by approval of the City Council.
3. 
Other requested amendments shall require the same submittal, review, and approval procedures as a new petition for preliminary development review.
E. 
Failure to commence construction. Unless otherwise specified in the adopting ordinance establishing the PDD, including the adopted preliminary development review petition, substantial work or construction shall commence within eighteen (18) months of ordinance adoption, unless, through modification, the Commission acts to extend the development schedule. If construction has not commenced in the specified period or extension, the adopting ordinance shall be rescinded. As used in this Section, substantial work or construction shall include final grading for roadways necessary for first (1st) approved plat or phases of construction and commencement of installation of sanitary and storm sewers as applicable.

Section 400.2190 Schedule of Permitted Land Uses.

[Ord. No. 2485 § 1, 10-9-2012]
A. 
Permitted land uses are categorized as follows:
1. 
Schedule A: Retail Services
2. 
Schedule B: General Offices
3. 
Schedule C: Arts, Entertainment, and Recreation
4. 
Schedule D: Accommodation and Food Services
5. 
Schedule E: Personal Services
6. 
Schedule F: Educational Services
7. 
Schedule G: Health Care and Social Assistance
8. 
Schedule H: Transportation and Warehousing
9. 
Schedule I: Other
B. 
The combined floor area dedicated to the following land uses within a development shall be restricted as follows:
1. 
Restricted land uses.
a. 
Schedule A: Retail Services.
b. 
Food services and drinking places identified under Schedule D: Accommodation and Food Services.
c. 
Schedule: E: Personal Services.
d. 
Medical and diagnostic laboratories identified under Schedule G: Health Care and Social Assistance.
2. 
Development area.
a. 
Eighty thousand (80,000) square feet or less: the combined floor area dedicated to the aforementioned restricted land uses shall not exceed thirty-three percent (33%).
b. 
Greater than eighty thousand (80,000) square feet, but less than two hundred thousand (200,000) square feet: the combined floor area dedicated to the aforementioned restricted land uses shall not exceed sixty-six percent (66%).
c. 
Greater than two hundred thousand (200,000) square feet: there shall be no restrictions to the combined floor area dedicated to the aforementioned restricted land uses.