Weldon Spring City Zoning Code
ARTICLE VII
Site Plan Review
Section 405.230 Applicability.
[Ord. No. 18-12, 12-11-2018]
A.
Applicable Zoning Districts. An approved site plan is required in every zoning district, except planned districts, for the development or redevelopment of any parcel of land proposed for any land use except single-family dwellings, uses customarily accessory to a single-family dwelling and agricultural uses which do not involve additional impervious surfaces. All proposed developments in the "SP," "MED," "HTO," "GC" and "LI" Districts shall be required to submit a site plan. The purpose of the site plan review procedures is to enable the City to consider potential impacts upon the area in the vicinity of the property, consistency with good planning practice and to ensure high standards of site and building design for the general welfare of the City and its residents.
B.
Types Of Site Plans.
1.
Site Plans Shall Be Divided Between Major And Minor Site Plans. Major site plans shall follow the procedures outlined in this Section. A major site plan must be reviewed by the Planning and Zoning Commission and approved by the Board of Aldermen.
2.
A minor site plan may be approved by the Zoning Commissioner if it meets all of the requirements of the zoning regulation.
3.
Within this Section, references to site plans include requirements for both major and minor site plans. Requirements that deal specifically with major site plans or minor site plans are so indicated.
C.
Major Site Plan Procedure. Before a major site plan application can be submitted to the City for review, a preliminary plat for said property must be approved by the City as outlined in Article III of the Subdivision Regulations. The procedure for obtaining approval of a major site plan includes:
1.
The filing of an application with the site plan;
2.
The review and comments by City departments;
3.
Review of the site plan and comments from City departments by the Planning and Zoning Commission;
4.
Recommendation on the site plan by the Planning and Zoning Commission; and
5.
Review and approval, approval with conditions or denial by the Board of Aldermen.
D.
Relationship To Other Chapter Requirements. The requirements, procedures and standards contained in this Section 405.230 are in addition to the requirements, procedures and standards contained in other Sections of the Zoning Regulations which shall remain applicable to the parcel for which the application is filed. In case of conflict between the general provisions and district regulations of the zoning regulation with provisions of this Section 405.230, the more restrictive requirement shall control.
Section 405.235 Application Review And Approval Of A Site Plan.
[Ord. No. 18-12, 12-11-2018]
A.
Application.
1.
An applicant shall confer with the Zoning Commissioner or the Commissioner's designee to become familiar with the City's regulations and requirements affecting the district in which the parcel in question lies and shall obtain copies of all provisions of the City ordinances pertaining to procedures and requirements for site plan approval.
2.
An application may be made by the owner or by any person with a contractual interest in the property. Written consent of the owner shall be required if the applicant is not the owner. All owners must join if more than one (1).
3.
The written application for review and approval of the site plan shall be filed on a form supplied by the City and shall be accompanied by a site plan as described in Section 405.240. The application shall be signed by the applicant and shall state the name and address of the applicant and of the owner. If the applicant is not the owner, the application shall identify the applicant's specific contractual interest in the property. A fee for reviewing the site plan shall be paid to the City at the time of filing the application. Any major site plan shall be prepared by an architect or engineer registered in the State of Missouri and shall be sealed.
B.
Review Of Application.
1.
Upon receipt of an application completed in satisfactory form, the City Clerk shall deliver a copy of the application and accompanying papers including the site plan to the City Planner, City Engineer, the City Stormwater Manager and other appropriate individuals and agencies for their review and comments on compliance with the City's Zoning Ordinance and Comprehensive Plan and the impact of the proposed development on health, safety, traffic, public services or facilities and other relevant considerations, in both the area of the project and other areas of the City which may be affected. Such comments shall be sent to the applicant within twenty (20) days of the receipt of the completed application.
2.
Within fifteen (15) days from the forwarding of comments to the applicant, the applicant shall advise the Zoning Commissioner of the applicant's desire to revise the application and site plan based on the City's comments or proceed to a review by the Planning and Zoning Commission if the application is for a major site plan. If the applicant opts to proceed to a review of the major site plan by the Planning and Zoning Commission, the application shall be placed on the agenda of the next available meeting of the Commission. If the applicant opts to revise the major site plan, the previously outlined review periods will be repeated.
C.
Major Site Plan Recommendation. The Planning and Zoning Commission shall submit its recommendation for approval, denial or approval with conditions on each major site plan to the Board of Aldermen. This recommendation shall be voted on by the Planning and Zoning Commission within seventy-five (75) days of the date that the plan is first reviewed by the Commission at a regular meeting. The Planning and Zoning Commission may restart this seventy-five-day review period upon a two-thirds (2/3) vote of the entire Commission if the Commission determines that a complete application has not been received by the Commission at least ten (10) days prior to the second (2nd) regular meeting of the Commission at which the application is to be heard. Moreover, this recommendation may be delayed by up to forty-five (45) additional days at the request of the applicant in order to make modifications to the plan or provide additional information to the Commission. If the Planning and Zoning Commission does not recommend approval, denial or approval with conditions of a site plan within seventy-five (75) days from the date that the plan is first reviewed by the Planning and Zoning Commission at a regular meeting, except as such seventy-five-day period may be extended as provided for in this paragraph, the Board of Aldermen may approve, deny or approve with conditions such plan even though the Planning and Zoning Commission has taken no action. In determining whether to recommend approval, denial or approval with conditions, the Planning and Zoning Commission shall consider:
1.
All relevant information, including the comments of City Officials, the major site plan's consistency with good planning practices, its compatibility with adjacent developments and uses and its effect on the health, safety and general welfare of the residents of the area in the vicinity of the property subject to the major site plan and upon the residents of the City generally.
2.
The likely effect of the major site plan on vehicular or pedestrian traffic, fire hazards, fire, Police and utility services, municipal expenditures, surface water drainage and control facilities and environmental aspects.
D.
Major Site Plan Approval. The recommendation from the Planning and Zoning Commission shall be forwarded to the Board of Aldermen. Upon receipt of the written recommendation from the Planning and Zoning Commission, the Board of Aldermen shall approve, deny or approve the major site plan with conditions. If the Board of Aldermen denies a major site plan, they shall provide to the applicant, in writing, the reasons why the site plan does not conform to the minimum requirements of the City's Zoning Ordinance and/or other applicable land development regulations. If the Board of Aldermen approves the major site plan, final approval and any conditions or waivers shall be addressed in the ordinance authorizing the approval of the major site plan.
E.
Minor Site Plan Approval. A minor site plan may be administratively approved by the City Planner, City Engineer, City Stormwater Manager and Zoning Commissioner if the site plan complies with all requirements of the City's zoning regulation. If any of the above-named City Officials denies approval of a minor site plan including the provision of written comments as to the reason for such denial, the denial may be appealed by the applicant to the Planning and Zoning Commission for review. The Planning and Zoning Commission shall then approve the minor site plan, approve the minor site plan with conditions or deny the minor site plan within seventy-five (75) days of the date of the City's receipt of the appeal letter. If the Planning and Zoning Commission denies approval of the minor site plan, the applicant may appeal to the Board of Aldermen. Building additions approved by a minor site plan may require approval by the Architectural Review Commission based on the criteria in Article XI.
F.
Validity Of Site Plan.
1.
Approval of a site plan shall be valid for a period of twelve (12) months from the date of approval by the City. If no building permit is obtained and construction has begun during that period, the approval shall expire. The Planning and Zoning Commission and Board of Aldermen may grant extensions of time not to exceed twelve (12) months each upon written request of the applicant for a substantially similar major site plan provided that the request is filed prior to the expiration date. The Board of Aldermen may attach new conditions when an extension is granted. It shall require an affirmative two-thirds (2/3) vote of the full Board of Aldermen to overturn a negative recommendation of the Planning and Zoning Commission.
2.
If there are substantive changes to any approved site plan as determined by the Zoning Commissioner, a new major site plan review process must occur, including the payment of a new application fee. The same procedure shall be followed by the Zoning Commissioner for a minor site plan.
Section 405.240 Content Of Site Plan.
[Ord. No. 18-12, 12-11-2018]
A.
Contents. A site plan shall include the following:
1.
The location of the parcel in relation to surrounding uses, buildings and zoning;
2.
The location of the parcel in relation to major thoroughfares and any roadways or drives connecting the parcel to those major thoroughfares;
3.
The boundaries, dimensions and area of the parcel;
4.
The proposed use and development of the parcel including principal and accessory uses;
5.
The location and size of each existing structure on the parcel;
6.
The footprint of each proposed building or structure on the parcel;
7.
The height and number of stories of proposed buildings and structures;
8.
The amount of land area covered by buildings, structures, drives and parking facilities;
9.
The form of proposed buildings and structures including plan and elevation views;
10.
A concept landscape plan, including a detailed drawing to scale and a corresponding schedule of all plant material to be provided as required by Section 405.250;
11.
The location, general design and width of existing and proposed driveways and curb cuts;
12.
The location, dimensions and number of proposed parking spaces;
13.
The location and size of loading areas;
14.
The location and size of existing and proposed utilities including water, storm sewer, sanitary sewer, gas and electric;
15.
The location of refuse collection facilities and related screening;
16.
The type, size and location of all signs;
17.
Existing and proposed contour lines; and
18.
Any other information required by an appropriate Section of these Zoning Regulations.
B.
Site Plan Drawings. The scale for all drawings shall be no smaller than one (1) inch equals fifty (50) feet and the drawings shall contain the project name, street names, a scale, north arrow and the date drawn or revised.
Section 405.243 Site Design Requirements.
[Ord. No. 18-12, 12-11-2018]
A.
Access Requirements. All developed parcels shall be provided interior drives with a minimum width of pavement of twenty-four (24) feet. Driveway openings shall be limited to not more than thirty-six (36) feet in width and shall be limited to one (1) drive per three hundred (300) feet of lot width. All roads and drives shall be paved with concrete or asphaltic concrete material as specified by the City Engineer. Concrete curbs shall be provided along all drives that do not abut parking spaces. All parking areas shall be edged with concrete curbs. Surface or underground storm drainage facilities shall be provided for all roads, drives and parking areas as approved by the City Engineer. All storm drainage will be directed into established surface or underground drainage facilities. Open drainage swales along paved drives shall be designed where possible. The design calculations shall show the location of storm sewer inlets and storm sewers along swales as the quantity and/or velocity of stormwater would be erosive for the site soil conditions. Curbs along drives and parking areas will be limited to areas necessary for traffic control or where open ditches will not be possible due to site conditions. Wheel stops shall be used for parking spaces where there is no curb. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point and curb openings to open drainage swales or curb inlets to storm sewers shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for all of the site area. The Planning and Zoning Commission shall not recommend approval of any site plan that does not make adequate provision for storm and floodwater runoff channels and/or basins. All provisions shall meet or exceed the requirements of "Design Requirements for Sanitary Sewers" and "Design Requirements for Storm Drainage Facilities" per the current standards and regulations of the Metropolitan St. Louis Sewer District's "Rules and Regulation and Engineering Design Requirements for Sanitary Sewer and Stormwater Drainage Facilities" and "Standard Construction Specifications for Sewers and Drainage Facilities." The stormwater drainage system shall be separate and independent of any wastewater sewer system. Stormwater sewers, where required, shall be designed by the Rational Method to specifications of the Metropolitan St. Louis Sewer District. A copy of design computations shall be submitted along with the construction plans to the City Engineer. Design computations shall show that surface water greater than one (1) cubic foot per second is not carried across any intersection.
B.
Underground Utilities. Telephone, electric power, cable television and all other utilities except surface stormwater facilities shall be located underground. Stormwater facilities may be located underground or at the surface. Except, however, that the following shall be excluded from this requirement:
1.
Antennae, associated equipment and supporting structures used by a utility or communication service provider for furnishing communication services.
2.
Equipment appurtenant to underground facilities such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts.
3.
Temporary poles, overhead wires and associated overhead structures used for a period not to exceed six (6) months which are necessary to provide utility service until the permanent service is completed.
4.
Poles, wires and controller cabinets necessary for the operation of traffic signals.
5.
Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand four hundred (34,400) volts.
6.
Where a public storm sewer is accessible, the applicant shall install stormwater quantity and quality management facilities prior to connection of the existing storm sewer facilities or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of stormwaters to provide stormwater quantity and quality management, subject to the specifications of the City Engineer. Inspection of facilities shall be conducted by the City Engineer. All stormwater quantity and quality management facilities will be maintained by the lot owner if within a lot or the homeowner's association if within common ground, easements or public right-of-way. The developer shall sign an agreement with the City that clearly defines the party responsible for the maintenance of each facility.
Section 405.245 Maintenance Of Constructed Improvements.
[Ord. No. 18-12, 12-11-2018]
Buildings, structures, landscaping and other improvements shall be constructed, installed and maintained in accordance with the site plan approved by the City. It shall be the duty of the owner of the property to maintain such improvements.
Section 405.250 Landscaping.
[Ord. No. 18-12, 12-11-2018]
A.
Purpose And Intent. Landscaped areas shall be provided in order to create attractive transition areas between properties; to minimize the impact of air, water and noise pollution; to provide shade and reduce glare; to minimize the visual impact of solid waste receptacles and other on-site storage areas; to aid in directing pedestrian and vehicular movement; and to maintain and enhance the natural features of the site. Landscape elements may include all forms of natural vegetation and plantings, ground forms, water features, rock groupings and all other green space areas. It is the further purpose and intent of this Section to require adequate protection for contiguous property against undesirable effects from the creation and operation of parking or loading areas and to protect and preserve the appearance and character of the surrounding neighborhoods and of the City through the screening effects and aesthetic qualities of such landscaping. This Section 405.250 is also intended to be consistent with the City's tree protection and conservation ordinance by encouraging the preservation of existing trees and the installation of new hardwood trees in appropriate locations.
B.
Applicability. Every site plan, every Area Plan and every final development plan and section plan shall comply with the regulations contained in this Section 405.250. Street trees, as defined in Chapter 402, shall be provided on any land development.
C.
Application, Review And Approval Of A Concept Landscape Plan. A concept landscape plan shall be submitted with the application for site plan approval and with every Area Plan application. The review and approval of the concept landscape plan will occur concurrently with the review and approval of the other elements of the site plan or Area Plan.
D.
Content Of A Concept Landscape Plan. A concept landscape plan shall be drawn to scale and indicate the generic plant material to be provided and preserved by the plan, including the size, location and types of trees, shrubs and ground cover, as well as related site improvements such as walls, berms, fences, street furniture, water features and walkways. The scale of a concept landscape plan shall not be less than one (1) inch equals fifty (50) feet.
E.
Design Standards For All Landscape Plans. A concept landscape plan shall be prepared based on the following standards.
1.
Street Trees. Approved street trees, as defined in Chapter 402, shall be clearly delineated on the plan and may include new and/or existing trees provided that there is one (1) street tree for every forty (40) lineal feet or part thereof of street frontage. Such street trees shall be located on the subject property at least ten (10) feet but not more than twenty (20) feet from the street pavement.
2.
Parking Areas. A minimum of two and one-half percent (2.5%) of the total parking area shall contain landscaped material. The landscaping shall be arranged in one (1) or more areas so as to minimize and reduce the apparent size of parking areas. All interior landscaped areas shall be sloped away from the pavement to collect water drainage and shall have a minimum width of three (3) feet measured from the back of curbs and a minimum area of fifty (50) square feet. Each separate interior landscaped area shall include at least one (1) deciduous shade tree of at least two and one-half (2 1/2) inch caliper size.
3.
Parking Areas Abutting Residentially Zoned Property. Off-street parking or loading areas, which are located adjacent to any property in a residential zoning district, shall provide a continuous opaque screen to a height adequate to prevent the direct light from vehicle headlights from being cast on the adjacent property. Such opaque screen shall be a minimum of four (4) feet wide and no more than three (3) feet tall when within fifteen (15) feet of a road right-of-way. The opaque screen may consist of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation or any combination thereof which maintains a completely opaque screen. No wall, fence or berm shall exceed eight (8) feet in height. The opaque portion of the screen must be opaque in all seasons of the year.
4.
Berms. The use of earth sculpting or berms is encouraged, provided that such features are designed in an area of sufficient size so as to avoid erosion, drainage or maintenance problems and provided that the height of berms shall not exceed six (6) feet and the slope of the berm shall not exceed one (1) foot of vertical rise per three (3) feet of horizontal distance (a maximum slope of 3:1).
5.
Sites Abutting Residentially Zoned Property. Any site in a non-residentially zoned district that abuts a single-family zoning district or a single-family use in a "PR" District shall provide a buffer yard adjacent to such single-family zoned or used property. Buffer yards shall be at least twenty (20) feet in width and devoted entirely to landscape material, including trees, bushes, grasses, fences, walls and berms.
6.
Drainage Swales And Rain Gardens. Drainage swales and rain gardens (see Chapter 402 for definition) shall be planted in areas where stormwater runoff may collect and shall be planted with species recommended for such sites by the Missouri Department of Conservation or Shaw Nature Reserve (please see the Native Landscaping Manual; A Guide to Native Landscaping in Missouri prepared by Shaw Nature Reserve for more details).
F.
Additional Landscape Standards For "HTO" Districts. All land within the "HTO" High-Technology Office District shall provide landscaping based on the standards in Section 405.250(E) and the standards of this Section 405.250(F). If there is a conflict between the standards, the standards of this Section 405.250(F) shall prevail.
1.
Side And Rear Yards. Side and rear yards shall provide a minimum fifteen (15) foot landscape strip adjacent to the property line. Within this landscape strip one (1) two and one-half (2 1/2) inch caliper tree and ten (10) two (2) gallon container shrubs shall be provided for every forty (40) linear feet of distance along such property line. If evergreen trees are used, they shall be a minimum of six (6) feet in height.
2.
Front Yards. Front yards shall provide a minimum fifteen (15) foot landscape strip adjacent to the street right-of-way. Within this landscape strip one (1) two and one-half (2 1/2) inch caliper tree and ten (10) two (2) gallon container shrubs shall be provided for every forty (40) linear feet of distance along such property line or right-of-way line. Trees in the front yard shall be deciduous hardwood trees from the City's list of approved street trees as defined in Chapter 402.
3.
Yards Abutting Residentially Zoned Property. Where side or rear yards on non-residential district property abut residentially zoned property, a twenty-five (25) foot transition strip will be required in addition to the fifteen (15) foot landscape strip.
4.
Screening For Dumpsters, Loading Areas And Utility Facilities. Screening shall be provided for dumpsters, loading areas and utility facilities. Screening shall be in the form of walls, landscaping, earth berms or a combination thereof. The minimum height of such screening shall be six (6) feet, although this minimum may be increased if a higher minimum height is deemed necessary by the Planning and Zoning Commission.
5.
Parking Areas. All parking areas shall be landscaped. A minimum of five percent (5%) of the total parking area shall contain landscaped material. Interior planting areas shall be a minimum of seven (7) feet in width and a minimum of one (1) two and one-half (2 1/2) inch caliper deciduous shade tree shall be provided for every twenty (20) parking spaces.
Section 405.255 Construction Plans Submitted.
[Ord. No. 18-12, 12-11-2018]
After any site plan is approved by the Board of Aldermen, the applicant shall submit detailed construction plans to the City Engineer for review and approval. These construction plans shall be reviewed to determine compliance with the approved site plan, all other applicable City ordinances and all other City standards. No land use permit shall be issued until the City Engineer has approved the construction plans.
Section 405.260 Site Improvements, Financial Guarantee And Timing.
[Ord. No. 18-12, 12-11-2018]
A.
Purpose. For every site proposed for development, redevelopment or change of use, the applicant shall submit a financial guarantee covering the cost of site improvements (curbs, sidewalks, storm sewers, paving, landscaping, etc.) prior to issuance of a land use permit to assure completion of the site improvements.
B.
Applicability.
1.
This Section 405.260(B)(1) shall apply to every major site plan and every minor site plan. The requirements of this Section shall supersede the requirements of Section 405.235(E). Such minor site plans shall be reviewed based on the provisions of Section 405.235(E) and shall have a financial guarantee set by the Board of Aldermen.
2.
This Section 405.260(B)(2) shall apply to every section plan approved pursuant to the procedures in Article X of this Chapter.
C.
Form Of Financial Guarantee. The financial guarantee shall be an escrow agreement, a letter of credit or a site development bond enforceable by or payable to the City in an amount determined by the Board of Aldermen.
D.
Basis For Financial Guarantee. The City may request that an engineer's estimate of the cost of improvements be provided by the applicant to the City as the basis for the amount of the financial guarantee. If the improvements are deemed to be minor by the Board of Aldermen, a minimum financial guarantee figure of five thousand dollars ($5,000.00) may be established. However, the Board of Aldermen may establish a higher fee based upon the level of improvements required and a review of the estimate by the City Engineer.
E.
Timing Of Improvements. All required site improvements shall be completely installed by the applicant within a reasonable period of time as determined by the Board of Aldermen, but in no case shall such time period exceed twelve (12) months from the date of site plan or section plan approval.
F.
Use Of Financial Guarantee. If the applicant does not complete the site improvements within the period of time set by the Board of Aldermen, the City may use all or a portion of the financial guarantee to complete the site improvements or, at the option of the Board of Aldermen, to stabilize the site.
G.
Release Of Financial Guarantee. The financial guarantee or the portion remaining shall be released by the City after the City Engineer inspects the site and determines that all site improvements in the approved site plan have been properly installed. Within thirty (30) calendar days of this determination by the City Engineer, the City shall release the financial guarantee.
