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C1A
Section 405.260:  Commercial "C-1A" District
A.   General Purpose and Description: This District is intended to provide for business or personal service activities of limited intensity where associated turning movements, ingress/egress, trip generation, and other characteristics will not adversely effect traffic volumes or desired levels of service on Manchester Road as well as for a smooth use, bulk and density transition between more intensive activities north of Manchester Road and residential concentrations on the south.
B.   Definitions. As used in this section, the following terms shall have the following meanings and definitions:
  • "Ancillary uses" are those uses of property for purposes other than the location of the principal buildings or structures and may include uses for surface parking, driveways, stormwater detention, landscaped areas, fencing or uses of similar characteristics which do not involve through traffic, odoriferous activities, or any other use or activity which may reasonably be anticipated to interfere with the peaceful enjoyment of the property of adjoining landowners.
  • "Ancillary use area" is that area designated as being in the C-1A District and which is a portion of any lot located within the C-1A District and which is not included within required buffer areas.
  • "Buffer areas" are appropriately landscaped, contiguous open areas exclusive of parking and loading areas and similar off-street services and for which a planting and landscape plan has been reviewed by the Planning and Zoning Commission and approved by the Board of Aldermen. Water detention areas may be located within "buffer areas" provided that such detention areas are included as a part of the landscape plan as submitted and approved.
  • "Buildable area" of a lot shall be those interior portions of the lot enclosed within and defined by the front, rear and side setback lines. Buildable areas of a lot may be used for the construction or placement of buildings, structures, parking facilities or ancillary uses as defined in this section.
  • "Landscape plan" shall be a plan prepared under the supervision of a landscape architect possessing a professional degree from an ASLA accredited program and clearly setting forth plant materials, planting location, fencing and other pertinent landscaping features and submitted to the Planning and Zoning Commission which shall review its adequacy and appropriateness and which shall have been approved by the Board of Aldermen.
  • "Lot" shall mean a designated parcel, tract or area of land within the C-1A District and established by an authorized and recorded plat or subdivision or otherwise permitted by law to be used, developed or built upon as a unit. For purposes of this section only, the term "lot" shall also mean and include one or more such parcels, tracts or areas of land as defined above which are contiguous and under common ownership and used, developed or built upon for a single approved development.
  • "Lot Lines" shall include the front, rear and side lot lines as defined below:
  • "Front Lot Line": the front lot line of any lot shall be that portion of the subject property which adjoins Manchester Road (State Route 100).
  • "Rear Lot Line": the rear lot line shall be whichever of the following locations on the subject lot is least distant from and opposite to the front lot line: (a) the boundary line of the property; or (b) the line designating the greatest depth of the C-1A District within the lot. In the case of triangular or otherwise irregularly shaped lots having fewer than four boundary lines, the rear boundary line of the lot shall be represented by a line ten (10) feet in length entirely within the lot and stretching from one side line to the other side line and parallel to and at the maximum appropriate distance from the front lot line.
  • "Side Lot Line": the boundary line of the lot from the front lot line to the rear lot line.
  • "Setback area" is the land area within a lot within which no principal structure or building may be located or constructed.
  • "Setback Line" shall be that line which is parallel to and at the requisite distance from the corresponding lot line and which represents the minimum distance required between the lot line and the location of any building or structure on the lot.

C.   Only the following uses are permitted in this District:
  1. Any use permitted as a matter of right in the residential "A" District other than a dwelling, medical offices or hospitals and attendant medical office buildings;
  2. Establishments for the sale of retail goods to the public with a gross floor area not to exceed five thousand (5,000) square feet;
  3. Catering establishments which do not provide dining facilities on the premises;
  4. Financial services other than banks and similar savings institutions;
  5. Funeral homes and mortuaries;
  6. Insurance and real estate offices;
  7. General offices for the conduct of business, service, industry or government, but not medical or dental offices or clinics;
  8. Public buildings erected and/or used by the City of Des Peres or a department of County, State or Federal Government;
  9. Subject to the conditions, restrictions and qualifications set forth in Section 405.130 of this Code, the following uses may also be permitted in this District:
a.   Establishments for the sale of retail goods to the public with a gross floor area in excess of five thousand (5,000) square feet;
b.   Restaurants, banquet facilities and cafeterias which: (i) by design of physical facilities or by service or packaging procedures do not encourage the purchase of prepared ready-to-eat food intended for consumption off the premises; and (ii) which do not have any facility for delivery of food products to persons in automobiles; and (iii) for which the sale of alcoholic beverages accounts for less than fifty (50) percent of gross income;
c.   Medical or dental offices or clinics;
d.   Planned business centers.
e.   Gasoline sales stations and such accessory uses as may be permitted by a conditional use permit issued for such facilities; provided, however, that due to the traffic-intensive nature of gasoline sales stations, such facilities may only be located on property which: (i) has a minimum of one and two-tenths (1.2) acres in total lot area; and (ii) retains no less than forty (40) percent of the total lot area for landscaped greenspace and/or buffer; and (iii) does not adjoin any property not zoned for commercial use; and (iv) in addition to the required frontage on Manchester Road, the property also has frontage on and direct access to and from a major collector street, as defined in Section 420.010(B) of Appendix B, Subdivision Regulations, of this Code.
f.   Establishments primarily providing services (as opposed to tangible goods) to the public may be allowed in a Planned Business Center; provided that, in addition to the required frontage on Manchester Road, the Planned Business Center also has frontage on and direct access to and from a "major collector street" as defined in Section 420.010(B) of Appendix B, subdivision Regulations, of this Code.
g.   Assisted living center, provided that:
1.   The site is a minimum of four (4) acres in size; and
2.   The development contain a minimum of fifty (50) units, but shall not have a density in excess of twenty (20) unites per acre; and
3.   The primary building shall not be located within two hundred (200) feet of any single-family residence in place at the time of construction; and
4.   The site may not be reasonably used for permitted retail commercial uses due to access or topographical limitations.
As to assisted living centers and skilled nursing facilities only, and only in the C-1A district, if the board of aldermen finds and determines that a proposed facility offers substantial public benefit and provides alternative measures so as to fit harmoniously with surrounding land uses, the board may, in its sole discretion, grant a waiver or variation to the side and/or rear setback, and/or landscaping, and/or buffer requirements otherwise applicable to the site to the extent specified in the ordinance granting a conditional use permit for such facility, and only to such extent.
h.   Skilled nursing facilities provided that:
1.   The site is a minimum of four (4) acres; and
2.   The development contains a minimum of fifty (50) units but shall not have a density in excess of twenty- five (25) units per acre;
3.   The primary building shall not be located within two hundred (200) feet of the nearest single family residence in place at time of construction; and
4.   The site may not be reasonably expected to be developed for permitted retail or office uses due to access, topography or other size limitations.
5.   At all times, the operator shall maintain a valid license from the State of Missouri for operation of a skilled nursing facility.
For purposes of this section, the term "units" shall be defined as a room used for housing patients containing no more than two (2) beds.
i.   Day care centers, child or adult, or preschools.
D.   Any person owning an enterprise engaged in a use for which a conditional use permit is required under the terms of subsection (C)(9) of this section, which use was in full operation as of the date of adoption of any ordinance designating the location of such enterprise to be in a "C-1A" District, shall be granted a conditional use permit for such use as hereinafter provided.
a.   Application for a conditional use permit shall be made to the Planning and Zoning Commission in form and with such information as may be required by the Planning and Zoning Commission. The application shall be accompanied by plans showing the elevations and intensity and extent of the existing use. Such application must be submitted within one (1) year of the date of adoption of any Ordinance designating the location of such enterprise to be in a "C-1A" District.
b.   Each application and accompanying plans shall be filed with the City Clerk. No filing fee will be required for this application.
c.   Upon receipt of the completed application the City Clerk shall notify the applicant in writing by First Class U.S. Mail, postage prepaid, of the date upon which the matter will be considered by the Planning and Zoning Commission.
d.   The Planning and Zoning Commission shall investigate the nature and extent of the existing use and may receive evidence on such subjects. Upon the conclusion of such hearing, the Planning and Zoning Commission shall state findings and conclusions on the following matters for the public record:
  • The exact nature of the existing use;
  • The gross square footage of space devoted to the use in question as of the date of the passage of the Ordinance placing such facility in the "C-1A" District.
e.   Upon making such findings, a permit stating the nature and extent of the use permitted, shall be issued forthwith. Thereafter, such use may be continued as a conditional use only to the extent described in the findings described above. Any expansion or alteration of the use subsequent to the issuance of the permit described in this subsection shall require that the applicant request the issuance of a new conditional use permit under the terms of Section 405.130 of this Code.
f.   Any use eligible for an automatic conditional use permit as provided in this subsection, but for which no such application has been made within one year after the adoption of any Ordinance designating the property containing such use in the "C-1A" District, shall be subject to the requirements of Chapter 415 of this Code concerning nonconformities.

E.   Qualifications and limitations on the permitted uses:
1.   All lots in this District must adjoin Manchester Road (State Route 100) for a minimum distance of one hundred and fifty (150) feet.
F.   The buildable area and buffer requirements applicable to lots within the C-1A District shall be determined in accord with the following provisions.
1.   No building or structure may be erected or constructed within the C-1A District except within the buildable area of a lot. The buildable area of a lot shall [be] determined by the setback lines applicable to the property as hereinafter set forth.
2.   All buffer areas shall be depicted on a landscape plan subject to review by the Planning and Zoning Commission and approval of the Board of Aldermen as herein after set forth.
3.   Approved buffer areas shall be subject to inspection by the City of Des Peres and maintained in a healthy state of growth and replaced where necessary by the property owner(s).
4.   The following setback and buffer requirements shall be applicable to the property; provided, however, that whenever property adjoins a public right of way other than Manchester Read (State Route 100), a minimum setback of forty (40) feet from the right of way line and a buffer of not less than ten (10) feet in depth shall be required alongside such right of way, any other provisions hereinafter notwithstanding:
a.   The front setback line shall be a line parallel to and sixty (60) feet distant from the nearest right of way line of Manchester Road (State Route 100).

The front setback area shall be all areas between the front lot line and the front setback line across the full width of the lot.

At the front of lots a buffer area of not less than ten (10) feet in depth shall be provided parallel to the front property line, exclusive of any right of way.

b.   The rear setback line shall be a line parallel to the rear lot line and fifty (50) feet closer to the front lot line than is the rear lot line.

The rear setback area shall be all areas between the rear lot line and the rear setback line across the full width of the lot.

At the rear of lots a buffer area of not less than twenty-five (25) feet in depth shall be provided across the full extent of the lot.

c.   The side setback lines shall be lines parallel to and twenty (20) feet closer to the center of the lot than are the side lot lines, except where any side lot line adjoins a residential district, in which case the side setback lines shall be parallel to and fifty (50) feet closer to the center of the lot than are those portions of the side lot lines adjoining such a residential district.

The side setback areas shall be all areas between the side lot lines and the side setback lines throughout the full depth of the lot.

At the sides of lots, a buffer area of not less than five (5) feet in width shall be provided along the full depth of the lot, except where a side lot line adjoins a residential district, in which case a buffer area of not less than twenty-five (25) feet shall be provided.

d.   All required twenty-five (25) foot buffers at the rear of lots and all required twenty-five (25) foot buffers at the sides of lots adjoining a residential district shall contain evergreen and deciduous plant material as specified by the department of public works. Evergreen plant material shall consist of trees of a minimum height of sixteen (16) to twenty (20) feet, planted ten (10) feet on center in a double staggered row. The staggered rows shall be eight to ten feet on center.

The first row of evergreens shall be planted within eight (8) to twelve (12) feet of the corresponding property line. The area under the evergreen trees shall be covered with a minimum of three (3) inches of wood mulch. A minimum ratio of two (2) three-inch-caliper shade trees or three (3) two-inch-caliper trees, grouped ornamentals as specified by the Department of Public Works, shall be planted within the remaining landscaped buffer adjacent to the commercial structure for each fifty (50) linear feet of side and rear property. Additional understory and ground cover material shall be placed, where necessary, to screen and reduce the visible portion of rear and side building walls from adjacent residential property. Berms shall not exceed a maximum of four (4) feet in height nor have a slope greater than three (3) to one (1).

Where possible, natural slope conditions and existing plant materials which may serve in lieu of required plantings should be preserved and retained. Landscaped buffers shall not have regraded slopes that are greater than three (3) to one (1).

The following plant materials are approved for use in landscaped buffers:
  • Evergreen Trees:  Abies Species (Canadian Hemlock); Picea Species (Spruce species); Pinus Nigra (Austrian Pine); Pinus Strobus (White Pine); and Tsuga Canadensis (Douglas Fir). 
  • Overstory Deciduous Trees:  Acer Species (Maple species); Farxinus Species (Ash species); Quercus Species (Oak species); and Tillia Species (Linden species). 
  • Ornamental Deciduous Trees:  Amelanchier Arbores (Service Berry); Cerus Canadensis (Red Bud); Cornus Florida (Flowering Dogwood); Crataegus Species (Hawthorn); Koelrenteria Paniculata (Golden Raintree); and Malus Species (Flowering Crab). 
e.   Fencing shall be provided where requested by adjacent residential property owners or if required for safety purposes.

G.   Height and Area Regulations.
1.   No building shall be erected or altered to exceed a height of thirty-five (35) feet. This height limitation shall also apply to Planned Business Centers within this District, any provisions of Section 405.120(C) to the contrary notwithstanding.
2.   The maximum gross floor area of all buildings shall be 15,000 square feet per acre of total lot area, except that the Board of Aldermen, after review by the Planning and Zoning Commission, may permit an increase of gross floor area per acre to a maximum of 16,500 square feet where it finds that significant public benefit(s) directed toward alleviating the burden on public services incurred by such development are provided.

H.   Ancillary uses. Those portions of any lot located between required buffer areas and designated setback lines may be utilized for ancillary uses as defined in this section if such ancillary uses are reflected on the Master Development Plan approved for the property.
I.   Application and approval procedures: Development of lots located in the C-1A District shall be carried out in accordance with a Master Development Plan subject to the approval of the Board of Aldermen as set forth below:
1.   The owner or owners of any tract of land located in the C-1A District and which meets the requirements for development in such District shall file with the City Clerk an application for the use of such tract of land. Each application shall be accompanied by payment of the application fees provided in accord with Sections 405.200(B)(10) and 405.200(C) of this Code.
a.   The name of the developer, owner, and professional architect, engineer, landscape architect, planner, or land surveyor responsible for preparation of site plans.
b.   The existing and proposed contour intervals identifying all grade changes and areas of cut and fill. Information shall be prepared at a minimum contour interval of two (2) feet or one (1) foot in areas where average slopes are three percent (3%) or less.
c.   All proposed uses and structures (present and future) and the general location, height, size and configuration thereof, including the specific location of all setback lines and the buildable area of the lot.
d.   The location, dimension and general character of all buffer areas.
e.   Plans for the provision of water, sanitary sewage, and storm drainage facilities.
f.   All easements, dedications or other public improvements.
g.   Ingress and egress facilities.
h.   Any proposed public or private roadways which will service the development.
i.   The number and location of parking spaces and moving traffic lanes.
j.   Development phasing.
k.   Specific data and/or reports reflecting the impact of the proposed development on traffic patterns, traffic loads and public services, including, but not limited to, water, sewerage and other utilities.
l.   Other information of a similar character which the Planning and Zoning Commission and/or Board of Aldermen may designate.
2.   Upon the filing of the application and Preliminary Development Plan with the City Clerk, it shall be referred to the Planning and Zoning Commission for review, study, and report. The Planning and Zoning Commission shall review the application and Preliminary Development Plan and shall report to the Board of Aldermen, within one hundred (100) days of the date of the next regular meeting of the Planning and Zoning Commission following the filing of the application, with its recommendations as to the application and development plan including recommendations for phasing of the development, if applicable The report of the Planning and Zoning Commission may also include findings as to the impact of the proposed development on public roadways and other public services and/or recommendations as to the timing of such development in conjunction with the availability of such roadways or public services. If no such report is made, the Planning and Zoning Commission shall be deemed to have approved the application upon the expiration of the one hundred-day period aforesaid, unless the applicant shall agree in writing to an extension of such time limitation.

The Board of Aldermen shall conduct a public hearing concerning the same after having given notice of the time, place, and purpose of such public hearing by at least one notice in a newspaper of general circulation within the City of Des Peres at least fifteen (15) days prior to the date of the public hearing.

After such hearing, the Board may then either approve, disapprove, or modify and then approve the application and the Preliminary Development Plan, or it may return the same to the Planning and Zoning Commission for further study and report. The Board of Aldermen may also approve the Preliminary Development Plan conditionally upon the contingency that no building and/or occupancy permit may be issued with respect to the development until the completion or improvement of roadways and/or other public services sufficient to serve the development without detrimental impact upon surrounding users of such facilities has been accomplished. In the event of such conditional approval, the specific contingencies which must be satisfied shall be recited by the Board in the document of action on the proposed development.

Approval or conditional approval of a Preliminary Development Plan by the Board of Aldermen shall be indicative of a general acceptance of the character of the proposed development and shall not give rise to any presumptions or obligation with respect to consideration of the Master Development Plan on the part of the Planning and Zoning Commission or the Board of Aldermen.

3.   If a Preliminary Development Plan is approved or conditionally approved by the Board of Aldermen, the applicant shall prepare and file a Master Development Plan application within one (1) year of the date of such approval. If no application for a Master Development Plan is filed within one (1) year of the approval of the Preliminary Development Plan, the approval of such preliminary plan shall automatically be revoked and held for naught unless the Board of Aldermen shall extend the time for filing of the Master Development Plan application at the request of the owner or developer of the property.

The application for a Master Development Plan shall include the following:
a.   The name of the developer, owner, and professional architect, engineer, landscape architect, planner, or land surveyor responsible for preparation of site plans.
b.   The existing and proposed contour intervals identifying all grade changes and areas of cut and fill. Information shall be prepared at a minimum contour interval of two (2) feet or one (1) foot in areas where average slopes are three (3) percent or less.
c.   All proposed uses and structures (present and future) and all building plans and elevations depicting materials and exterior treatments, height, bulk and location relationships. All setback lines and the buildable area of the lot shall be shown on the Master Development Plan.
d.   The landscape plan with the specific description and location of all woodlands trees, major vegetation areas, and other natural resources and specific provisions taken to preserve or minimize the impact upon these features.
e.   Plans for the provision of water, sanitary sewage, and storm drainage facilities.
f.   All easements, dedications or other public improvements and the specific location and construction details of each.
g.   Ingress and egress facilities.
h.   Location and construction details of all sidewalks.
i.   Any proposed public or private roadways which will service the development and the specific locations and construction details of each.
j.   The number and location of parking spaces and moving traffic lanes.
k.   A detailed plan identifying and describing all provisions for the illumination of parking or landscape areas and any exterior building illumination. Such plan shall include the types and intensities of illumination to be utilized and the location, height and direction of such equipment.
l.   Development phasing.
m.   Specific data and/or reports reflecting the impact of the proposed development on traffic patterns, traffic loads and public services, including, but not limited to, water, sewerage and other utilities.
n.   Other information of a similar character which the Planning and Zoning Commission and/or Board of Aldermen may designate.
4.   Upon the filing of the application and Master Development Plan with the City Clerk, it shall be referred to the Planning and Zoning Commission for review, study, and report. The Planning and Zoning Commission shall review the application and Master Development Plan and shall report to the Board of Aldermen, within one hundred (100) days of the date of the next regular meeting of the Planning and Zoning Commission following the filing of the application, with its recommendations as to the application and development plan including recommendations for phasing of the development if applicable. The report of the Planning and Zoning Commission may also include findings as to the impact of the proposed development on public roadways and other public services and/or recommendations as to the timing of such development in conjunction with the availability of such roadways or public services. If no such report is made, the Planning and Zoning Commission shall be deemed to have approved the application upon the expiration of the one hundred-day period aforesaid, unless the applicant shall agree in writing to an extension of such time limitation.

The Board of Aldermen may, in its sole discretion, conduct a public hearing concerning the same after having given notice of the time, place, and purpose of such public hearing by at least one (1) notice in a newspaper of general circulation within the City of Des Peres at least fifteen (15) days prior to the date of the public hearing.

The Board may either approve, disapprove, or modify and then approve the application and the Master Development Plan, or it may return the same to the Planning and Zoning Commission for further study and report. The Board of Aldermen may also approve the Master Development Plan conditionally upon the contingency that no building and/or occupancy permit may be issued with respect to the development until the completion or improvement of roadways and/or other public services sufficient to serve the development without detrimental impact upon surrounding users of such facilities has been accomplished. In the event of such conditional approval, the specific contingencies which must be satisfied shall be recited by the Board in the document of action on the proposed development.

5.   At the request of the applicant, application for and consideration of Preliminary and Master Development plans may be consolidated. In such cases, the application shall be treated as an application for a Master Development Plan and all materials and data required for Preliminary and Master Development Plans shall be submitted and considered concurrently. If a consolidated application is submitted, at least one public hearing before the Board of Aldermen shall be required.

6.   Any ordinance or resolution of the Board of Aldermen and any report of the Planning and Zoning Commission with reference to either a Preliminary Development Plan or a Master Development Plan shall refer specifically to and incorporate by reference the plans, drawings, renderings, reports, descriptions and other documents supporting the application considered and acted upon by the Board or Commission.

The City Clerk shall maintain a permanent file with respect to each development for which a Preliminary or Master Development Plan has been approved by the Board of Aldermen, which file shall include a true copy of the ordinance or resolution and any exhibits attached thereto, including at least one set of all plans and documents referenced therein which shall have been authenticated thereon by the City Clerk as being true and accurate copies of the plans and documents to which the Board of Aldermen had reference in adopting such ordinance or resolution.

7.   No building permit shall be issued to construct any part or all of the development until such time as: (a) the Board of Aldermen has approved the Master Development Plan; and (b) the approved Plan has been recorded with the office of the Recorder of Deeds for St. Louis County, Missouri; and (c) there is posted and filed with the City Clerk a performance bond or a performance escrow sufficient to insure [ensure] to the city the completion of all public improvements, approved landscaping and restoration of the remaining portions of the development area if any improvements are undertaken but not completed, in an amount as determined by the Board of Aldermen and in a form approved by the City Attorney and the Board of Aldermen; and (d) unless the construction plans meet all requirements of the City of Des Peres.

8.   Any transfer of ownership or lease of property shall include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions herein set forth and the approved Master Development Plan for the property. There shall be adequate legal provisions to insure [ensure] that the Master Development Plan approved will be actually constructed and completed and that any common areas will be properly protected and maintained, and in order to effectuate this paragraph, it may be required as a condition of approval of the Master Development Plan that deed restrictions or a trust indenture be executed and recorded.

9.   Any property as to which a Master Development Plan under this section has been approved as aforesaid may thereafter be used only in compliance with the terms of such approved Master Development Plan. Any person seeking to alter or amend any uses or structures may do so only if an appropriate amendment to the approved Master Development Plan has been approved by the Board of Aldermen. Applications for an amendment to an approved Master Development Plan shall be subject to the same procedures, fees and requirements pertaining to original applications for Preliminary and Master Development Plans as set forth above.
J.   Other Provisions
1.   All nonresidential uses shall be subject to the general provisions for commercial development in the City of Des Peres (Section 405.080 Zoning and Planning Code).
2.   All uses within the District shall be subject to requirements for off-street parking in the City of Des Peres (Section 405.180 and 405.190, Zoning and Planning Code).
3.   The sale, display or storage of goods and merchandise in other than a completely enclosed building shall comply with the provisions of Section 405.090(B)(3) of this Code.

(Ord. No. 1280, § 1, 7-30-87; Ord. No. 1356, § 6, 11-14-88; Ord. No. 1457, § 1, 11-26-90; Ord. No. 1493, § 1, 9-23-91; Ord. No. 1531, § 1, 4-13-92; Ord. No. 1577, § 1, 12-14-92; Ord. No. 2053, § 3, 4-9-01; Ord. No. 2417, §§ 1, 2, 8-13-07; Ord. No. 2421, § 1, 10-8-07)