Section 405.220: "C-4" Planned Commercial District
(Repealed by Ord. No. 1223, § 1, 11-24-86)
Editor's note: Section 1. of Ord. No. 1223 of November 24, 1986, reads as follows:
"Subject to the conditions hereinafter set forth, Section 405.220:"C-4" Planned Commercial District of the Municipal Code of the City of Des Peres, Missouri, is hereby repealed.
"Provided, however, anything in this Ordinance to the contrary notwithstanding, all property located within the City of Des Peres and previously zoned or rezoned as being in the "C-4" District in accord with the provisions of Section 405.220 as of the effective date of this Ordinance shall continue to be designated as being located in a "C-4" district and shall continue to be governed by and subject to the provisions of Section 405.220 and all other Ordinances adopted in conformity therewith pertaining to the use of such property in the same manner as if Section 405.220 had not been repealed by this Ordinance."
At the time of its repeal, Section 405.220 read as follows:
Section 405.220: C4" Planned Commercial District
"A. A Planned Commercial District encompasses areas wherein may be located developments and uses permitted in any of the other "C" Commercial Districts in the Des Peres Zoning Ordinances. Within the Planned Commercial District, it is the purpose of these regulations to facilitate the establishment of developments and uses in locations where it would be appropriate to the area if it were to take place under approved site plans and conditions necessary to protect the general welfare. The establishment of such a district will also facilitate the combination of developments and uses for which no provision or proper control is made an any of the presently authorized Commercial Districts "C-1", "C-2" and "C-3" and may further limit the uses on a particular tract of land when zoned "C-4".
"B. A Planned Commercial District may be established by ordinance (after approval by the Planning and Zoning Commission and a public hearing before the Board of Aldermen) on a single tract of land in single ownership or management control only (except as hereinafter set forth in Paragraph C. hereof) in the manner hereinafter set forth:
1. An application for "C-4" zoning district shall be filed with the City Clerk for the Planning and Zoning Commission in such form (including the number of copies) and with such information as may be required by the Planning and Zoning Commission together with a master site plan (number of copies to be determined by the Planning and Zoning Commission) which shall show compliance with the ordinances and master plans of the City of Des Peres and the beneficial nature of the development. The site plan shall contain information including, but not limited to, the requirements hereinafter set forth in Section 6. The application and master site plan shall be accompanied by a $500.00 fee for the purpose of reimbursing the city for the expenses in processing the application. Where the fee is insufficient to cover all expenses associated with the processing of the application, the Board of Aldermen may require an additional sum. Any portion of the fee not actually expended by the city in processing the application shall be refunded to the applicant.
2. Upon receipt of the completed application and accompanying master site plan, the Planning and Zoning Commission shall consider the application with special emphasis on traffic and fire hazards and the general welfare and character of the neighborhood and community. The Planning and Zoning Commission shall make a report to the Board of Aldermen within 65 days after the day of completed application and master site plan is submitted to the City Clerk. If no such is made, the Planning and Zoning Commission shall be deemed to have approved the application, upon the expiration of the 65 day period. This period shall be determined by counting the first day after the day on which the application was submitted. The 65 day period may be extended with the written consent of the applicant and if the Planning and Zoning Commission determines that such an extension will not have a prejudicial effect on the residents of the city. The Planning and Zoning Commission may recommend such conditions or restrictions to the plan or make such revisions to the master site plan as it may deem necessary to protect the general welfare. Said plan shall become an official part of the report (and the subsequent ordinance, if any) approving the "C-4" District for the tract.
3. If the Planning and Zoning Commission's recommendation is one of approval, it shall contain recommended conditions or restrictions to be included in an ordinance authorizing the establishment of the Planned Commercial District. The conditions or restrictions shall include, but not be limited to:
(a) structures permitted in the district;
(b) uses permitted in the district;
(c) performance standards for operation of the permitted uses;
(d) requirements that any transfer of ownership or lease of property in the district include in the transfer or lease agreement, a provision that the purchaser or lessee agrees to be bound by the conditions the ordinance authorized in the establishment of the district.
The specific ordinance authorizing the establishment of a particular Planned Commercial District related to a specific tract of land may further limit the uses permitted on the tract.
4. Upon receipt of the report of the Planning and Zoning Commission or upon the expiration of the 65 day period, the Board of Aldermen shall call a public hearing and give reasonable notice of the time and place of that hearing which shall be published in an official newspaper or a newspaper of general circulation in the city. The first publication shall be at least 15 days before the date of the hearing.
5. The Board of Aldermen may approve by ordinance the establishment of a "C-4" Commercial District by a vote of the majority of all the members of such Board unless the Planning and Zoning Commission has recommended against the establishment of a "C-4" Planned Commercial District sought in the application, in which case said ordinance shall require a vote of 5/6 or more of all the members of the Board.
6. The Master Site Plan required to be filed herein shall contain such information as the Planning and Zoning Commission shall require showing compliance with the ordinances and master plans of the City of Des Peres and the beneficial nature of the development including, but not limited to: the location of proposed uses and structures; location and width of all present and proposed right-of-ways and streets (including street widenings); existing and proposed new sidewalks and ramps; access and egress points to structures and groups of structures; landscaping and buffer plans and planting specifications; parking, loading and delivery areas and facilities; landscaped parking areas and access ramps; road widening and parkway improvements to city specifications; proposed elevation of each side of the structure(s); proposed setbacks from all property lines and adjacent street centerlines; topographic information (at no more than two feet [foot] contour intervals) for the site and the immediately adjacent area as defined by the Director of Public Works and Planning; proposed storm water retention and drainage facilities to city specifications; other proposed utility facilities and improvements; proposed signage standards, graphics, locations and setbacks and such other information as the Planning and Zoning Commission or the Director of Public Works and Planning may require.
7. Any of the foregoing notwithstanding, the height of any building shall not exceed 50 feet above the grade line of Manchester Road nearest the building, exclusive of ornamentation, cooling towers, air condition and heating equipment and elevator bulkheads.
8. Any of the foregoing notwithstanding, parking, building coverage, setback, yard requirements and all other features set forth in B.6 above for any use, building or structure in the "C-4" Planned Commercial District shall be established by the Board of Aldermen in the ordinance approving the zoning of the tract and the master site plan to "C-4" Planned Commercial District.
9. No buildings, facilities, commercial establishments or service concerns may occupy or use any portion of the district until the required related off-site improvements including, but not limited to, streets, sidewalks, sanitary and storm sewers, street lights, and street trees, are constructed or a performance bond or escrow posted (in a form approved by the City Attorney) covering the estimated cost of construction as determined by the Board of Aldermen. If the Planned Commercial District is to be developed in sections, all improvements necessary to the proper operation and functioning of the section, even though the same may be located outside of the section, must be constructed and installed or a performance bond or escrow posted (in a form approved by the City Attorney) covering the estimated costs of the improvements as determined by the Board of Aldermen.
10. Within 60 days after approval by ordinance of the master site plan by the Board of Aldermen, the plan shall be recorded by the developer as a Planned Commercial District together with the conditions and restrictions of the ordinance authorizing the establishment of the district.
"C. The Board of Aldermen may, upon recommendation and approval of the Planning and Zoning Commission, by ordinance establish a "C-4" Planned Commercial District as provided in Paragraphs A. and B. hereof, on a tract or tracts of land following a public hearing called and held in the manner heretofore set forth in Paragraph B.4. of this section. The procedure to be followed to utilize land in a "C-4" Planned Commercial District so established shall be as follows:
1. The owner of the tract or tracts shall file an Application for Approval of a Master Site Plan in the manner set forth in Paragraph B.1. of this section.
2. The procedure and requirements for consideration of said Application for Approval of a Master Site Plan shall be the same as those set forth in Paragraphs B.1. through B.10, inclusive, of this section. No permits shall be issued on said rezoned area until and unless a Master Site Plan has been so approved and all procedures and requirements set forth in this section are fully complied with".