Warson Woods City Zoning Code
CHAPTER 416
Manchester Road Commercial District Redevelopment Plan Process
Section 416.010 Statement of Intent.
[R.O. 2012 §416.010; Ord. No. 1295 §3, 8-19-2003; Ord. No. 1693, 7-18-2023]
The City has developed a Manchester Road Commercial District Conceptual Urban Design Plan ("Manchester Plan") to help address and evaluate all future redevelopment activities within the City's commercial district (the "C" Manchester Road Commercial District). Applications for "redevelopment" within the "C" Manchester Road Commercial District meeting the criteria of Section 416.020(A) shall be subject to the "redevelopment plan" approval process set forth herein, except where specified circumstances exist, as described in Section 416.020(B). If the requirements in Section 416.020(B) are met, no "redevelopment plan" need be submitted to the City. The procedures in this Chapter shall also be followed for certain uses authorized as planned uses in the "A" and "B" Districts. It is the intent of this Chapter to authorize these "planned uses" only where the location and circumstances are appropriate to the use. This Chapter is intended to increase the flexibility of development design through approval of a redevelopment plan. Approval of a redevelopment plan shall be considered a legislative act of rezoning. Any ordinance approving a redevelopment plan shall be deemed to incorporate the provisions of this Chapter.
Section 416.020 Redevelopment Plan Process - When Required.
[R.O. 2012 §416.020; Ord. No. 1295 §3, 8-19-2003; Ord. No. 1693, 7-18-2023]
A.
The redevelopment plan process set forth in this Chapter shall be required in the "C" Manchester Road Commercial District when any one (1) of the following situations is proposed:
B.
Notwithstanding anything herein to the contrary, upon complying with the following provisions of this Subsection (B), compliance with the redevelopment plan process described in this Chapter shall not be required. Instead, a detailed site plan shall be submitted to the Planning and Zoning Commission for review, as provided herein.
1.
If no redevelopment plan is submitted to the City, the height of buildings and the minimum yard dimensions shall be as follows:
a.
Height. No building shall exceed twenty (20) feet in height, including any roof mounted utilities, air conditioners, and other equipment.
b.
Rear Yard. Any building or structure constructed or altered in connection with any project shall be located a minimum distance of fifty (50) feet from the rear lot line.
c.
Side Yard. Any building or structure constructed or altered in connection with any project shall be located a minimum distance of thirty (30) feet from all side lot lines.
d.
Front Yard. Any building or structure constructed or altered in connection with any project shall be located a minimum distance of sixty (60) feet from the right-of-way line of any street upon which such lot fronts.
2.
On any lot that abuts any lot used for residential purposes or zoned residentially, there shall be a landscaped transition strip which must comply with the following requirements.
a.
Width. The transition strip shall be not less than fifteen (15) feet.
b.
Location. The transition strip shall be provided along every lot line which abuts a lot used for residential purposes or zoned residentially.
c.
The transition strip shall not be included as part of the yard requirements in Subsection (B)(1) above.
d.
Such transition strip shall be improved at the time the lot is improved and shall include a planting screen consisting of compact evergreen plants that will provide an effective screen.
3.
Lot Coverage. Not more than fifty percent (50%) of the total area of any lot shall be covered by any building, structure, or impervious surface.
4.
Additionally, the site plan must comply with all applicable provisions of Section 415.020 not provided herein. To the extent that the terms and provisions of this Section 416.020(B) conflicts with any provision in Section 415.020, the terms and provisions of this Section 416.020(B) shall govern. If any modification to the requirements of Section 415.020 or this Section 416.020 are requested, such development shall be required to comply with the redevelopment plan approval process.
5.
The detailed site plan shall include the information required for preliminary development plans, set forth in Section 416.030(C).
6.
In reviewing the site plan, the Planning and Zoning Commission shall ascertain whether it is consistent with the requirements of this Chapter 416 and that the proposed construction conforms with accepted engineering and construction standards. Further, in consideration of each site plan, the Planning and Zoning Commission shall consider the following:
7.
A site plan shall expire and be of no effect one hundred eighty (180) days after the date of approval thereof, unless within such time a building permit for any proposed work authorized under said site plan has been issued. The site plan approval shall expire and be of no effect three hundred sixty-five (365) days after the date of its issuance if a building permit has been issued, but construction has not begun and been pursued diligently on the property.
Section 416.030 Preliminary Redevelopment Plans - Application, Contents and Submission Requirements.
[R.O. 2012 §416.030; Ord. No. 1295 §3, 8-19-2003; Ord. No. 1693, 7-18-2023]
A.
A preliminary redevelopment plan application shall be submitted to the City Clerk with the required application fee by the owner(s) of record or any person acting on behalf of the owner(s). The completed preliminary development plan application shall be submitted to the City at least thirty (30) days prior to the Planning and Zoning Commission meeting at which it will first be considered.
B.
The applicant shall submit ten (10) copies of the preliminary redevelopment plan to the City Clerk as well as ten (10) copies of all materials required to accompany the preliminary redevelopment plan.
C.
The preliminary redevelopment plan shall include the following:
1.
Proposed location of buildings, other structures, and lot arrangements.
2.
Location of existing buildings, other structures, and lot arrangements.
3.
Any land areas within the 100-year floodplain.
4.
Parking areas, drives, and walks.
5.
Screening and buffering areas, open space, and other amenities.
6.
Drainage patterns.
7.
Public streets, identifying arterials, collectors, and local streets adjacent to the property; traffic patterns; service and loading areas; points of access to public rights-of-way.
8.
Existing and proposed easements.
9.
Existing and proposed water, sewer and storm utility systems.
10.
Sufficient dimensions to indicate relationship between buildings, property lines, parking areas, and other elements of the plan.
11.
Location, massing, and pattern of proposed landscaping.
12.
Preliminary stormwater collection and detention plans showing existing facilities.
13.
Existing streams and other bodies of water.
14.
Location, massing, and pattern of existing vegetation.
15.
Internal and external pedestrian access points.
16.
Proposed noise generation sources.
17.
An analysis of the demand for water service and discharge into the sanitary sewer receiving system.
18.
Preliminary layout of water and sanitary sewer system.
19.
Surrounding uses and adjacent properties.
20.
A scale, date, and north arrow.
D.
Exterior Building Sketches. The application shall include preliminary sketches depicting the general style, size, and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan, such as apartments and commercial buildings, a separate sketch shall be prepared for each building. Such sketches shall include elevation drawings.
E.
Schedules. A schedule shall be included indicating total floor area, total land area, total parking spaces, and proposed land uses.
F.
Phases Of Development. Phases of development, if applicable, must be shown on the preliminary redevelopment plan. If the development will occur in phases, the applicant shall submit a redevelopment plan that also displays the entire development at the completion of all phases. The phased development shall have the phases clearly outlined with expected dates for beginning of construction and the date of completion of construction. No building permit shall be issued for any phase of development until a final redevelopment plan for that phase is approved in accordance with the provisions of this Chapter.
G.
Statement Of Need For Modification From District Regulations. A narrative statement that explains any request for modification of the applicable zoning district regulations, if requested, shall be submitted in support of the application for the preliminary redevelopment plan approval.
Section 416.040 Consideration of Preliminary Redevelopment Plans.
[R.O. 2012 §416.040; Ord. No. 1295 §3, 8-19-2003; Ord. No. 1693, 7-18-2023]
A.
Procedure for Legislative Approval. The procedures and requirements for review and approval of a preliminary redevelopment plan shall be the same as those set forth in the Land Use Code, Title IV, Chapter 430, for amendments to zoning district regulations or boundaries.
1.
The Planning and Zoning Commission will review the preliminary redevelopment plan application and conduct a public hearing on the proposed preliminary redevelopment plan. After the public hearing, the Planning and Zoning Commission shall conduct a formal vote on the area plan application and either:
a.
Postpone consideration of the preliminary redevelopment plan due to lack of sufficient information to make a recommendation to the Board of Aldermen;
b.
Recommend approval to the Board of Aldermen;
c.
Recommend approval with conditions to the Board of Aldermen; or
d.
Recommend denial of the preliminary redevelopment plan to the Board of Aldermen.
2.
The Board of Aldermen shall review the preliminary redevelopment plan application and the report of the Planning and Zoning Commission and conduct a public hearing on the proposed preliminary redevelopment plan. After the public hearing, the Board of Aldermen may either:
B.
Criteria For Legislative Approval. The Planning and Zoning Commission and the Board of Aldermen shall use the applicable zoning district regulations and the Manchester Plan as a guide for review of the preliminary redevelopment plan. The Board of Aldermen may permit modifications from the underlying district regulations. Use regulations, however, shall not be modified to permit uses not otherwise permitted by the Manchester Plan in the zoning district governing the property, or to which the applicant seeks rezoning. If the Board of Aldermen imposes conditions or restrictions on a preliminary redevelopment plan, it may designate specific requirements that must be met before an applicant may submit a final redevelopment plan application. In considering any preliminary redevelopment plan application, the Planning and Zoning Commission and the Board of Aldermen shall consider the criteria stated below and shall only approve a preliminary redevelopment plan if it finds, based upon the application and evidence presented, that all requirements and standards set forth in this Chapter 416 have been met and such action is in the best interest of the public health, safety, morals and welfare of the residents of the City. The Board of Aldermen reserves the right to reject any and all redevelopment plans which do not comply with the requirements and standards set forth in this Chapter 416.
1.
If the development is compatible with and incorporates standards and principles contained in the City's Manchester Plan and the Municipal Code.
2.
The criteria governing the rezoning of property.
3.
If the development is designed, located, and proposed to be operated so that the public health, safety, and welfare of the residents and businesses of the City are not negatively impacted.
4.
If the development will impede the normal and orderly development and improvement of the surrounding property or impair the use and enjoyment or value of neighboring properties.
5.
If the development incorporates adequate ingress and egress and an internal street network that minimizes traffic congestion and facilitates the free flow of traffic, both vehicular and pedestrian, within the development.
6.
If the development is adequately served by public facilities and services, such as drainage courses, water and sanitary sewer facilities, and refuse disposal.
7.
The capability of the site to accommodate the building, parking, and drives with appropriate open space and safe and easy ingress and egress.
8.
The degree of harmony between the architectural quality of the proposed building(s) and the surrounding neighborhood.
9.
The appropriateness of the minimum dimensions and areas of lots and yards set forth in the applicable zoning district regulations.
C.
Redevelopment Plan In Rezoning Ordinance. If the preliminary redevelopment plan application was submitted with an application to change the zoning district category, any redevelopment plan approved through the hearing process, concurrent with such application, shall become part of the ordinance that amends the zoning district category of the property.
D.
Modification Of Zoning Map. Any approved preliminary redevelopment plan shall be reflected on the Zoning Map as an amendment of the district by designation of "-P" after the district abbreviation of the district in which the plan was approved.
E.
Duration Of Validity. The approved preliminary redevelopment plan shall specify the duration of its validity, but in no event shall an approved preliminary redevelopment plan be valid for a period longer than twelve (12) months from the date of such approval unless a final redevelopment plan is approved by the Board of Aldermen. The Board of Aldermen may grant one (1) extension not exceeding twelve (12) months upon written request. The approval of a revised preliminary redevelopment plan shall not automatically extend the time period during which the preliminary redevelopment plan is valid.
F.
Additional Studies And Legal Technical Review.
1.
The Board of Aldermen or other designated entity or official may require applicants to submit any technical studies that the City deems necessary to demonstrate the applicant's compliance with the requirements of this Chapter. Examples of technical studies that may be required, shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies or surface water management/drainage studies. The persons or firms preparing the studies shall be approved by the City Engineer. The costs of all studies shall be borne by the applicant.
2.
Legal And Planning Review. Each application for a redevelopment plan shall be submitted for review to the City's staff or consultants. To the extent the City incurs actual costs from such review, the applicant shall bear such reasonable costs. Unless other studies or additional review is contemplated, the applicant shall submit payment at the time of application of two thousand dollars ($2,000.00) to cover such expenses. In the event actual costs are or are expected to be in excess of this amount, the City Clerk shall inform the applicant of such costs and the applicant shall reimburse the City for such costs.
3.
Payment for review services shall be paid by the applicant prior to formal review or processing by the City.
Section 416.050 Final Redevelopment Plans - When Required.
[R.O. 2012 §416.050; Ord. No. 1295 §3, 8-19-2003; Ord. No. 1693, 7-18-2023]
Approval of a final redevelopment plan is required any time a preliminary redevelopment plan is required. No building permit shall be issued for any structure on the property until a final redevelopment plan is approved.
Section 416.060 Final Redevelopment Plans - Application Contents and Submission Requirements.
[R.O. 2012 §416.060; Ord. No. 1295 §3, 8-19-2003; Ord. No. 1693, 7-18-2023]
A.
Ten (10) copies of the final redevelopment plan shall be submitted to the City Clerk as well as ten (10) copies of all supporting materials.
B.
The final redevelopment plan shall include the following:
1.
Finished grades or contours for the entire site (five (5) or two (2) foot contour intervals may be required by the City, depending on the site).
2.
All proposed and existing adjacent public street rights-of-way with centerline location.
3.
All proposed and existing adjacent public street and public drive locations, widths, curb cuts, and radii.
4.
Location, width, and limits of all existing and proposed sidewalks.
5.
Location, size, and radii of all existing and proposed median breaks and turning lanes.
6.
Distance between all buildings, between buildings and property lines, and between all parking areas and property lines.
7.
Location of all required building and parking setbacks.
8.
Location, dimensions, number of stories, and area in square feet of all proposed buildings.
9.
Area of land on plan in square feet or acres.
10.
The location of all oil and gas wells on the property.
11.
Limits, location, size, and material to be used in all proposed retaining walls.
12.
Location and dimensions of all driveways, parking lots, parking stalls, aisles, and loading and service areas and docks.
13.
Location, height, intensity, and type of outside lighting fixtures for buildings and parking lots.
14.
Location, size, and type of material of all proposed monument or freestanding signs.
15.
The location of adjacent developments, alignment and location of public and private driveways and streets, medians, and public and semi-public easements.
16.
Final stormwater collection, detention, and erosion control plans.
17.
Final analysis of the capacity of the existing sanitary sewer receiving system.
18.
Final water and sanitary sewer plans.
19.
An accurate legal description of the subject property.
C.
One (1) or more illustrations shall be submitted with the final redevelopment plan showing building elevations including the following:
1.
Elevations of all sides of proposed buildings including notation indicating building materials to be used on exteriors and roofs.
2.
Size, location, color, and materials of all signs to be attached to building exteriors.
3.
Location, size, and materials to be used in all screening of rooftop mechanical equipment.
4.
Building sections.
D.
One (1) or more illustrations shall be submitted with the final redevelopment plan showing dimensions and areas of all floors within proposed buildings.
E.
One (1) or more illustrations shall be submitted with the final redevelopment plan showing landscaping, tree preservation, screening, and planting and yard plans as required.
F.
The following shall be submitted in support of the application for final redevelopment plan approval:
1.
Deeds of dedication for all rights-of-way or easements required as a result of preliminary redevelopment plan approval, if conveyance thereof is not to be made by plat or by the filing of the final redevelopment plan pursuant to this Section.
2.
A copy of all covenants and restrictions applicable to the development, if required by the terms of the preliminary redevelopment plan.
3.
Evidence of the establishment of an entity for the ownership and maintenance of any common open space.
4.
Evidence of satisfaction of any conditions of the preliminary redevelopment plan approval that were conditions precedent to consideration of the final redevelopment plan.
Section 416.070 Consideration of Final Redevelopment Plans.
[R.O. 2012 §416.070; Ord. No. 1295 §3, 8-19-2003; Ord. No. 1693, 7-18-2023]
A.
No Changes. A final redevelopment plan that contains no changes or additions to the approved preliminary redevelopment plan shall be approved by the Board of Aldermen upon a determination that all conditions of approval of the preliminary redevelopment plan, if any, have been satisfied by the applicant, and that all other submission requirements have been satisfied.
B.
Minor Changes. A final redevelopment plan that contains minor changes to the approved preliminary redevelopment plan may be approved by the Board of Aldermen without a public hearing, provided that the Board determines that the landscaping, tree preservation, yard, and screening plan is adequate, that the proposed development will be compatible with proposed and existing adjacent development and that all other submission requirements have been satisfied. The phrase "minor changes," as used in this Section, shall mean changes that:
C.
All Other Changes. A final redevelopment plan that contains changes, other than minor changes, from the approved preliminary redevelopment plan shall follow the procedure for application, submission, and consideration of preliminary redevelopment plan applications.
Section 416.080 Expiration of An Approved Redevelopment Plan.
[R.O. 2012 §416.080; Ord. No. 1295 §3, 8-19-2003; Ord. No. 1693, 7-18-2023]
Final redevelopment plan approval shall not be valid for a period longer than twelve (12) months from the date of such approval, unless within such period a building permit is obtained and substantial construction is commenced and all additional building permits necessary to complete the project as approved in the final redevelopment plan schedule are obtained in a timely fashion as determined by the Building Commissioner. The Board of Aldermen may grant one (1) extension of no more than twelve (12) months upon written request of the original applicant. An application for extension of a final redevelopment plan may be granted if the application is filed before the final redevelopment plan expires. Upon granting an extension, the Board of Aldermen has the authority to attach new conditions to the final redevelopment plan as it deems appropriate. "Substantial construction," as used in this Section, shall mean completion of at least ten percent (10%) of the construction in terms of the total expected cost of the project for which the permit was issued.
Section 416.090 Recording of Approved Redevelopment Plans.
[R.O. 2012 §416.090; Ord. No. 1295 §3, 8-19-2003; Ord. No. 1693, 7-18-2023]
Following the Board of Aldermen's approval by ordinance of a final redevelopment plan, a copy of the approved final redevelopment plan signed by the Mayor shall be filed by the applicant with the Recorder of Deeds of St. Louis County. All filing fees shall be paid by the person who filed the redevelopment plan application. The authorization for the use approved by the redevelopment plan shall not become effective until a copy of the recorded plan bearing its recordation notations shall be returned and placed on file with the City Clerk.
Section 416.100 Abandonment of Final Redevelopment Plans.
[R.O. 2012 §416.100; Ord. No. 1295 §3, 8-19-2003; Ord. No. 1693, 7-18-2023]
A.
A final redevelopment plan or a phase thereof shall terminate and be deemed abandoned if:
1.
The landowner or applicant shall fail to commence development by failing to receive a building permit or failing to undertake substantial construction on the property after receiving a building permit within twelve (12) months after receiving final redevelopment plan approval, or a longer period of time if an extension of the final plan has been granted by the Board of Aldermen; or
2.
The landowner or applicant abandons the final plan or a phase thereof and notifies the City, in writing, of the abandonment.
B.
Whenever a final plan or phase thereof has been abandoned as provided in this Section, no development shall take place on the property until a new final redevelopment plan has been approved.
Section 416.110 Amendment of Approved Final Redevelopment Plans.
[R.O. 2012 §416.110; Ord. No. 1295 §3, 8-19-2003; Ord. No. 1693, 7-18-2023]
A.
Any property for which a final redevelopment plan has been approved shall be required to submit an application for approval of amended redevelopment plan for any proposed change to the redevelopment plan. If the proposed alteration seeks only minor changes from the approved final redevelopment plan, the amended redevelopment plan may be approved by the Board of Aldermen without a public hearing, provided that the Board determines that:
1.
Any changes to the building(s), parking area, drive aisles, landscaping, tree preservation, yard and screening plan remains adequate and consistent with the original approved plan;
2.
The proposed development will be compatible with proposed and existing adjacent development;
3.
There is no change in use; and
4.
All other submission requirements have been satisfied and the site is in compliance with the City's ordinances.
B.
The phrase "minor changes," as used in this Section, shall have the same meaning as "minor changes" are defined in Section 416.070(B).
C.
All Other Changes. A proposed change to an approved final redevelopment plan that contains changes other than minor changes shall follow the procedure for application, submission, and consideration of new preliminary/final redevelopment plan applications.
Section 416.120 Additional Considerations For Certain Uses.
[Ord. No. 1580 § 2, 11-15-2016; Ord. No. 1693, 7-18-2023]
A.
When considering a redevelopment plan for the following uses, any approval of such use shall be subject to the additional conditions for each use as follows:
1.
Automotive Parts And Supply Store. Any approval of a redevelopment plan for an automotive parts and supply store use shall be subject to the following:
a.
External Maintenance. The exterior of any building shall be maintained in good repair and the parking lots, loading areas, rear entry areas, and other areas external to the building(s) shall be free from accumulations of dirt, petroleum, automotive fluids, debris, mud, rubbish, paper, trash, litter, and other such items. Any signs, markers, or any other methods used to indicate direction of traffic movement and location of parking spaces shall be maintained in a neat and legible condition. Any walls, trees, and shrubbery, as well as surfacing of the parking lot, shall be maintained in good condition throughout its use for parking purposes, and the Board of Aldermen shall have the authority to prohibit the use of the area for parking purposes unless and until proper maintenance, repair, or rehabilitation is completed.
b.
Use Of External Areas. Parking lots, loading areas, rear entry areas, and other areas external to the building(s) shall not be used for any automobile repair, servicing, maintenance, or parts installation (not including limited diagnostic testing which shall occur only in the parking/loading area in the rear of the building(s)) nor for the storage of derelict motor vehicles (as defined in Section 355.140). Any person or entity that uses a parking lot, or allows its customers, patrons, or invitees to use an adjacent parking lot, in contravention of this Section shall be in violation of this Section. The owner and occupant of any building housing an automotive parts and supply store shall take all steps necessary to inform its customers and patrons of this prohibition. For purposes of this Section, "diagnostic testing" means battery testing, electrical system testing, and ignition control module testing.
c.
Outside Storage Or Display Prohibited. Use of the parking lot for outside storage or display of merchandise, goods, inventory, supplies, returned product, recycled oil or other products, trash, or other items generated by the use shall be prohibited, except as may be expressly approved by a redevelopment plan pursuant to this Chapter 416.
d.
Deliveries. No "loading activity" as defined in Section 210.010(B)(16) shall occur on-site between the hours of 9:00 P.M. and 7:00 A.M.
e.
Protection Of Residential Areas. Automotive parts and supply store uses abutting property used for residential purposes shall take all necessary steps, including landscape buffering, fencing, and/or screening, to protect against encroachment of noise, light litter, debris, parking, pedestrians, and other such intrusions onto the neighboring residential properties.
f.
Internal Storage Of Materials. All storage of recycled petroleum products, transmission fluid, batteries, hazardous or flammable materials, or other similar materials shall be contained completely inside the principal building and stored only in strict compliance with all Federal, State, and local laws, codes, regulations, and rules.
g.
Signage. Signage shall be approved via the redevelopment plan process.