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C5
Section 405.270:  Special Business District
A.   Purpose.  The purpose of this section is to set appropriate limits on all new development in accordance with the goals, objectives and policies of the Manchester Road West Corridor Plan, which is contained in the Comprehensive Plan of the City of Des Peres as adopted by the Board of Aldermen on February 11, 1991. 
B.   Applicability.  The Special Business District "C-5" District regulations have been developed in the context of the specific roadway configurations, traffic conditions, topography and adjacent land use circumstances found within the area located West of Interstate 270 and North of Manchester Road. As a result, this District may not be applied to any property located in any area of the city other than that West of Interstate 270 and North of Manchester Road, as such roadway exists on the date of adoption hereof. 
C.   Permitted uses.  Permitted uses and developments shall be established in the conditions of the ordinance governing the Master Development Plan for a given portion of the "C-5" District. Permitted uses are limited to the following (lot sizes to be determined without deduction for additional public road right-of-way donated by the property owner): 
1.   On lots of one (1) acre or less in size, the following land uses may be permitted:
a.   Professional or business offices in buildings no greater than thirty-five (35) feet in height.
2.   On lots between one (1) acre and five (5) acres in size, the following land uses may be permitted:
a.   Professional or business offices.
b.   General retail sales or service facilities.
c.   Restaurants located on tracts of land two (2) acres or more in size subject to obtaining a conditional Use Permit in accordance with Section 405.130 of the Municipal Code.
3.   On lots five (5) acres or more in size, the following land uses may be permitted:
a.   Those uses designated as "permitted" or "conditional" uses in any "C" commercial district in the city.
4.   For unified developments five (5) acres or more in size, the use limitations of subsections (1) and (2) above, which would otherwise be applicable to lots of less than five (5) acres included within the unified development may be waived by the Board of Aldermen and the limitations of subsection (3) applied to those lots if the Board of Aldermen determines that the inclusion of such lots in a unified development would improve public safety, facilitate attainment of one or more of the criteria set forth in subsection
(H) (2), below, and be consistent with good planning practices.
For purposes of this subsection, and as used elsewhere in this section, the term "unified development"  shall mean two (2) or more lots under separate ownership which are developed, designed and used under a common plan so that: 
(a)   All access between such lots and the public road system is by common driveways or curb cuts; and
(b)   All lots are subject to permanent and continuing cross-access and/or joint use agreements; and
(c)   Access to parking areas and internal circulation is shared among all lots.
5.   In approving any development plan, the Board of Aldermen may specify the particular use of all or any portion of the property and may impose such conditions, restrictions, and qualifications on any use as may reasonably be required to assure that such use will not adversely affect surrounding properties, emergency services, utility services or the public health and safety. Consideration of any such conditions, restrictions, and qualifications shall be conducted in accord with the criteria set forth in Section 405.130 of this Zoning Code and such limitations shall be incorporated in any ordinance approving a development plan for the subject property in lieu of the issuance of a conditional use permit.
D.   Area regulations.   
1.   Setback requirements. Minimum setbacks in the "C-5" District shall be as follows:
a.   All buildings shall maintain a minimum setback of forty (40) feet from the nearest right of way of Manchester Road as such right of way exists or is proposed by the Missouri State Highway and Transportation Department as of the date of adoption of an ordinance approving a Master Development Plan.
b.   All parking lots shall maintain a minimum setback/buffer of thirty (30) feet from the existing right-of-way of Manchester Road, as such roadway then exists or is proposed by the Missouri State Highway and Transportation Department as of the date of adoption of an ordinance approving a Master Development Plan.
c.   Building and parking setbacks from other property lines and streets shall be established in the ordinance approving the Master Development Plan.
2.   Height regulations. Except as limited by the provisions of subsection (C)(1)(a), above, the maximum height of any building shall not exceed the height of a line drawn at a thirty-degree angle from the nearest edge pavement of existing or proposed Manchester Road, without taking into account any additional turning or access lanes built by the property owner and dedicated to public use.
3.   Lot coverage. For the purpose of this section, "lot coverage" is defined as the ratio of all impervious surfaces to the total lot area. The maximum lot coverage permitted shall be as follows:
a.   For lots of one (1) acre or less in size: fifty (50) percent.
b.   For lots between one (1) and five (5) acres in size: sixty (60) percent.
c.   For lots five (5) acres or more in size: seventy (70) percent.
d.   The Board of Aldermen may adjust and/or waive the maximum lot coverage limitation and allow greater coverage than that stated in subsections (a) and (b), above, if the lots are part of a unified development five (5) acres or more in size.
4.   In the event any lot of record as of January 1, 2000 is thereafter consolidated with any other lot (either as a newly platted consolidated lot or submitted for "unified development" as defined under subsection (C)4., above), subdivided, resubdivided, or replatted in any manner, the minimum size of any such newly consolidated, unified, replatted or otherwise created lot shall be five (5) acres.
E.   Access limitations.  All access to Manchester Road shall be by means of internal frontage roads or shared access points located in close proximity to those points of access shown on the Plan Map for the Corridor. In no case shall a new point of access be located closer than four hundred (400) feet to any other point of access on the same side of Manchester Road. However, if curb cuts are in existence for businesses undergoing an expansion, they may be allowed to remain. 
F.   Landscaping.  The frontage along the entire parking or loading area adjacent to any public or private street shall be landscaped and protected so as to separate and screen those areas from the adjacent streets. All landscaping shall be provided in accordance with the city's landscaping regulations. All lots shall provide a buffer area for a minimum depth of thirty (30) feet from the right-of-way frontage on Manchester Road. Encroachment into this buffer area for parking shall not be permitted. 
G.   Signage.  Sign regulations shall be established in the ordinance approving a Master Development Plan for a given portion of the "C-5" District, however, the regulations shall not be less restrictive than those contained in the sign ordinance of the city (Appendix A to the City Code). 
H.   Performance incentives.  Development bonuses and the performance criteria used to qualify for them are as follows: 
1.   After receiving a recommendation from the Planning and Zoning Commission, the Board of Aldermen may grant one (1) or more of the following bonuses:
a.   A reduction in the required front setback/buffer of up to ten (10) feet.
b.   An increase in maximum building height of up to ten (10) feet.
c.   An increase in the maximum lot coverage of up to ten (10) percent.
2.   In order to qualify for the bonuses outlined above, a development must demonstrate compliance with at least three (3) of the following performance criteria. The criteria used should reasonably relate to the bonuses granted.
a.   A design of access to Manchester Road at an internal corridor that allows for shared use by an adjacent property.
b.   Increasing parking lot landscaping by fifty (50) percent more than otherwise required.
c.   Construction of a surface water drainage facility having a capacity significantly in excess of that required by other regulations of the City of Des Peres.
d.   Construction of an oversized detention/retention facility with a release rate significantly more restrictive than required by other regulations of the City Des Peres.
e.   Submitting for approval development plans for tracts of land in excess of eighteen (18) acres.
f.   Dedication of right-of-way and/or construction of road improvements identified in the Manchester Road Corridor Plan.
g.   Any other performance criteria that furthers the goals and policies of the Corridor Plan which, in the determination of the Board of Aldermen, warrant the approval of development bonuses.
I.   Other provisions.   
1.   All development shall be subject to the general provisions for commercial development in the City of Des Peres as set forth in Section 405.080 of the Zoning Code.
2.   All uses within the District shall be subject to requirements for off-street parking in the City of Des Peres as set forth in Sections 405.180 and 405.190 of the Zoning Code.
3.   A development on a lot of five (5) acres or more in size may contain more than one (1) building.
4.   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 the Code.
J.   Application and approval procedures.  Development of lots located in the C-5 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-5 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) (13) and 405.200(C) of this Code.
The application shall include the following Preliminary Development Plan and support information:
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 the general location, height, elevation, size and configuration thereof, including location of the buildable area of the lot and project density.
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 (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.

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 buffer areas and the buildable area of the lot shall be shown on the Master Development Plan.
d.   The landscape design 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.   An exhibit listing of each aspect of the Master Development Plan application which differs in any respect from the approved Preliminary Development Plan.
o.   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 (1) 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 (1) 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 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 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.
(Ord. No. 1521, § 1, 3-9-92; Ord. No. 1578, § 1, 12-14-92; Ord. No. 2000, § 1, 4-10-00; Ord. No. 2245, § 2, 9-8-03; Ord. No. 2269, § 1, 11-22-03)

Editor's note:  Section 1 of Ord. No. 1521, adopted Mar. 9, 1992, repealed § 405.270 in its entirety. Formerly § 405.270 pertained to the Planned Office Corridor "C-5" District and derived from § 1 of Ord. No. 1211, adopted Oct. 13, 1986; § 1 of Ord. No. 1237, adopted Jan. 12, 1987; and § 1 of Ord. No. 1275, adopted June 22, 1987. Section 1 of Ord. No. 1521 further provided for the addition of a new § 450.270 as herein set out.