§ 180. "C-8" Planned Commercial District.
1.
Scope of provisions. This section contains the district regulations of the "C-8" Planned Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Zoning Ordinance which are incorporated as part of this section by reference. The Planned Commercial District may be described in the manner outlined below.
2.
Purpose. The "C-8" Planned Commercial District encompasses areas where developments and uses permitted in any of the other "C" Commercial Districts may be located. It is the purpose of these regulations to facilitate the establishment of combinations of developments and uses for which no provision is made in any other single "C" Commercial District, or the establishment of developments and uses in locations appropriate under approved site plans and conditions. Such approved plans and conditions shall be consistent with good planning practice and compatible with permitted developments and uses in adjoining districts, so as to protect the general welfare.
3.
Establishment.
(1)
A Planned Commercial District may be established on a tract of land in single ownership or management control provided that (a) the preliminary development plan and the application for change of zoning are approved by the City Council; (b) a site development plan is approved by the Planning and Zoning Commission and recorded in compliance with requirements of this section; and (c) that the schedule of construction is complied with in accordance with the requirements of this section.
(2)
A Planned Commercial District may be established by ordinance of the City Council in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for commercial use, but because of possible conflicts with adjoining uses, more development control is necessary to protect the general welfare than is possible under the regulations of the other "C" Commercial Districts.
(3)
A Planned Commercial District shall not be established on any tract of land less than one (1) acre that has a common property line with any "R" Residence District and does not have a common property line with any "C" Commercial District. However, this requirement shall not apply to properties of less than one (1) acre which are in a "C" Commercial District.
4.
Permitted land uses and developments. The following land uses and developments are permitted in this district:
(1)
Subject only to approval of a site development plan by the Planning and Zoning Commission:
(a)
Police, fire, and postal stations.
(b)
Local public utility facilities.
(c)
Accessory uses incident to the above uses.
(2)
Permitted land uses and developments shall be established in the conditions of the ordinance governing the particular Planned Commercial District; specific uses may include those uses designated as permitted, accessory, or conditional uses in any of the "C" Commercial Districts.
5.
Performance standards. All uses established in a Planned Commercial District shall operate in accord with performance standards contained in Section 210, "Zoning Performance Standard Regulations," of this Zoning Ordinance. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance governing the particular Planned Commercial District.
6.
Height limitations for structures. The total height of any structure shall be limited by the conditions of the ordinance governing the particular Planned Commercial District.
7.
Lot area, development limitation, and yard requirements. The lot area, development limitation, and yard requirements for land uses in this district shall be as follows:
(1)
Minimum lot area: No minimum lot area shall be required for this district, but lot dimensions shall be sufficient to meet other requirements set forth in this section or in the conditions of the ordinance governing the particular Planned Commercial District.
(2)
Minimum yard requirements; general: Setbacks for parking areas, internal drives, loading spaces, and structures shall be established in the conditions of the ordinance governing the particular Planned Commercial District.
(3)
Particular yard requirements:
(a)
No parking area, internal drive, loading space, or structure shall be permitted within ten (10) feet of a property line adjoining property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District. In addition to the minimum ten (10) feet, any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District shall be set back an additional one foot for every two (2) feet in height above thirty (30) feet. Greater setbacks may be required by condition if necessary to ensure compatibility with adjoining developments or uses.
(b)
Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum yard requirements, unless otherwise restricted in the conditions of the ordinance governing the particular Planned Commercial District.
8.
Off-street parking and loading requirements. The minimum off-street parking and loading requirements for any use or building in a Planned Commercial District shall not be reduced below that required for the same use in any other "C" Commercial District as set forth in Section 220, "Off-Street Parking and Loading Requirements," of this Zoning Ordinance. These requirements may exceed minimum standards as required by condition where determined necessary. However, where the Planned Commercial District includes two (2) or more uses, the Planning and Zoning Commission may recommend, and the City Council may approve, a total reduction of not more than twenty (20) percent, or thirty (30) percent for developments greater than five hundred thousand (500,000) square feet in gross floor area under single ownership or management control, of the required off-street parking and loading spaces, where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided. The Planning and Zoning Commission may recommend a further reduction beyond thirty (30) percent for developments greater than seven hundred fifty thousand (750,000) square feet of gross floor area under single ownership or management control based on a similar approved study as above.
9.
Sign regulations. Specific sign regulations shall be established in the conditions of the ordinance governing the Planned Commercial District in accord with the provisions of Chapter 17.5, "Signs," of this Code.
10.
Procedure for establishment of C-8 or approval of site plan in existing C-8. In order to establish a Planned Commercial District through a change of zoning, or to obtain approval of a site development plan in order to utilize land in an established Planned Commercial District, the procedure shall be as follows:
(1)
Application. The owner or owners of record, or owners under contract of a lot or tract of land, or their authorized representatives, shall petition the City Council on forms prescribed for this purpose by the Director of Public Works. These forms are to be submitted to the Planning and Zoning Commission and accompanied by the following:
(a)
Filing fee per requirements of Section 350, "Fees," of this Zoning Ordinance;
(b)
Legal description of the property;
(c)
Outboundary plat of the property;
(d)
Preliminary development plan, depicting, but not limited to, the following:
(i)
Proposed uses. In single-lot developments approximate location of buildings and other structures as well as parking areas shall be indicated. In multiple-lot developments, conceptual location and configuration of buildings, approximate locations of common ground areas, major utility easements, and stormwater retention areas shall be indicated.
(ii)
Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated.
(iii)
Approximate location of all isolated trees having a trunk diameter of six (6) inches or more, all tree masses, and proposed landscaping.
(iv)
Two (2) section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.
(v)
Proposed ingress and egress to the site, including adjacent streets, and approximate alignments of internal roadway systems.
(vi)
Preliminary plan for sanitation and drainage facilities.
(2)
Public hearing. A public hearing on the petition shall be held by the Planning and Zoning Commission in accordance with the provisions of Section 360, "Procedure for Amending the Zoning Ordinance," of this Zoning Ordinance; provided, however, a public hearing shall be set within forty-five (45) days of acceptance of the petition, fee, and related plan and documents by the Director of Public Works.
(3)
Planning and Zoning Commission recommendation. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning and Zoning Commission. The recommendation shall address general planning considerations, including consistency with good planning practice, and compatibility with adjoining permitted developments and uses. A recommendation of approval shall include recommended conditions to be included in the ordinance authorizing the establishment of the Planned Commercial District or approval of the site development plan in a Planned Commercial District. Such conditions shall include, but not be limited to, the following:
(a)
Permitted uses, including maximum floor area;
(b)
Performance standards;
(c)
Height limitations;
(d)
Minimum yard requirements;
(e)
Off-street parking and loading requirements;
(f)
Sign regulations as set forth in Chapter 17.5, "Signs," of this Code;
(g)
Minimum requirements for site development plans; and
(h)
Time limitations for commencement of construction.
(4)
Site development plans:
(a)
After passage by the City Council of an ordinance authorizing the establishment of a Planned Commercial District and requiring submission of a site development plan or site development concept plan, such plans shall be submitted in accord with the following provisions. No building permits or authorization for improvement or development for any use requested under provisions of this ordinance shall be issued prior to approval of such plans.
(b)
Plans shall be submitted to the Planning and Zoning Commission for review and approval. These plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the Planned Commercial District, and further, shall comply with provisions of the City's Subdivision Ordinance and other applicable City ordinances.
(c)
Within sixty (60) days of approval, the site development plan or site development concept plan shall be recorded with the St. Louis County Recorder of Deeds, and thereby authorize development as depicted thereon.
(d)
In the case of single-lot/multiple-building developments or multiple-lot developments where a site development concept plan is required, site development section plans shall be submitted to the Director of Public Works for review and approval per individual building, lot, phase or plat representing a portion of the site development concept plan. The approved section plans shall be retained on file by the Director of Public Works.
11.
Procedure for amendment of conditions or plans. In order to amend the provisions of an existing "C-8" District ordinance or to amend the recorded site development plan, site development concept plan or site development section plan approved for the Planned Commercial District, the procedure shall be as follows:
(1)
To amend the "C-8" District ordinance:
(a)
The property owner or authorized representative shall submit a written request to amend ordinance conditions to the Director of Public Works for review. The Director of Public Works shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.
(b)
If the Director of Public Works determines that the requested amendment is consistent in purpose and content with the original proposal as advertised, the Director of Public Works shall so report to the Planning and Zoning Commission. The Planning and Zoning Commission shall review the request and the report of the Director of Public Works and then forward a recommendation to the City Council. A recommendation of approval shall include conditions to be included in the amended ordinance.
(c)
If the Director of Public Works determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Director of Public Works shall so report to the applicant and the Planning and Zoning Commission. The Planning and Zoning Commission shall then review the proposed ordinance amendment and forward a recommendation to the City Council. The Planning and Zoning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with the proceedings specified in Section 360, "Procedure for Amending the Zoning Ordinance," of this Zoning Ordinance.
(2)
To amend the recorded site development plan or site development concept plan approved for the Planned Commercial District:
(a)
The property owner or authorized representative shall submit an amended site development (concept) plan to the Director of Public Works for review. The Director of Public Works shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing, and the preliminary development plan approved by the City Council.
(b)
If the Director of Public Works determines that the proposed amendment to the site development plan is major in nature and is not in conflict with the original proposal as advertised and the approved preliminary development plan, and meets all conditions of the Planned Commercial District ordinance, said plan shall be reviewed and approved by the Planning and Zoning Commission. Said amended plan shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Planning and Zoning Commission approval.
(c)
If the Director of Public Works determines that the proposed amendment to the site development plan is minor in nature and is not in conflict with the original proposal as advertised and the preliminary development plan, and meets all conditions of the Planned Commercial District ordinance, the Director of Public Works may approve said amended plan. Said plan shall be retained on file by the Director of Public Works.
However, when conditions of a particular Planned Commercial District ordinance are amended which necessitate an amended site development plan, the Planning and Zoning Commission shall review and approve said amended plans and they shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Planning and Zoning Commission approval.
(d)
If the Director of Public Works determines that the proposed amendment to the site development plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, or with the preliminary development plan approved by the City Council, the Director of Public Works shall so report to the applicant and the Planning and Zoning Commission. The Planning and Zoning Commission shall then review the proposed site plan amendment and make a final determination. The Planning and Zoning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 360, "Procedure for Amending the Zoning Ordinance," of this Zoning Ordinance.
(e)
All amendments to site development concept plans shall be reviewed and approved by the Planning and Zoning Commission and shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Planning and Zoning Commission approval.
(f)
The Planning and Zoning Commission may approve partial amended site development plans, site development concept plans, and site development section plans for developments approved prior to enactment of this ordinance when the conditions of the ordinance governing such particular "C-8" Planned Commercial District do not permit review of development plans in accord with the provisions of this section. Such partial amended plans shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Planning and Zoning Commission approval.
(3)
To amend a site development section plan approved for a Planned Commercial District: If the Director of Public Works determines that the proposed amendment to the site development section plan is not in conflict with the approved site development concept plan and meets all conditions of the Planned Commercial District ordinance, the Director of Public Works may approve said amended plan. Said plan shall be retained on file by the Director of Public Works.
(4)
Appeal to Planning and Zoning Commission of a decision by the Director of Public Works in reviewing development plans. The petitioner/developer may appeal a decision by the Director of Public Works, in cases where the Director of Public Works is authorized to review development plans, to the Planning and Zoning Commission. The petitioner shall have a fifteen-day period in which to file a written appeal and plan with the Planning and Zoning Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Director of Public Works. The Planning and Zoning Commission will make the final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the development plan.
12.
Guarantee of improvements. Unless otherwise provided for in the conditions of the ordinance governing a particular Planned Commercial District, no building permits, or permits authorizing the occupancy or use of a building, facility, commercial establishment or service concern may be issued until required related off-site improvements are constructed or a performance bond, escrow, or other acceptable instrument is posted covering their estimated cost as determined by the Director of Public Works. This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements. Required related off-site improvements shall include, but not be limited to, streets, sidewalks, sanitary and storm sewers, street lights and street trees. If a Planned Commercial District is developed in sections, the requirement shall also apply to all major improvements necessary to the proper operation and function of the section in question, even though such improvements may be located outside of the section in question.
13.
Failure to commence construction. Substantial construction shall commence within the time period specified in the conditions of the ordinance governing the Planned Commercial District, unless such time period is extended by the Planning and Zoning Commission. If substantial construction or development does not begin within the time period specified in the conditions of the ordinance governing the district, or extensions authorized therein, the Planning and Zoning Commission shall within forty-five (45) days initiate a resolution of intent for the purpose of a new public hearing to revert the property to its prior zoning classification in accord with proceedings specified in Section 360, "Procedure for Amending the Zoning Ordinance," of this Zoning Ordinance. No building or occupancy permit shall be issued for the development or use of the property until completion of action by the City Council on the proceedings to rezone the property in accord with the provisions of the above noted section.