[R.O. 2011 §34-41.1; Ord. No. 6841 §1, 1-24-2011; Ord. No. 6880 §1, 1-23-2012; Ord. No. 6895 §1, 9-24-2012]
The following Sections provide specific regulations regarding
the use and development of property within the "Joint Development
Zoning Overlay". These district regulations are supplemented by additional
regulations appearing elsewhere in this Chapter or other Chapters
of the University City Municipal Code. Other regulations contained
in this Chapter governing land use and development include, but are
not necessarily limited to the following:
|
University City
|
Olivette
|
|---|---|
|
Supplementary Regulations (Article V)
Historic Landmarks and Districts (Article VI)
Off-Street Parking and Loading Requirements (Article VII)
Sign Regulations (Article VIII)
Chapter 405 "Subdivision and Land Development Regulations"
The Olive Boulevard Design Guidelines
|
Chapter 405 Subdivision Regulations
Chapter 410 Floodplain Management
Chapter 415 Sign Regulations
Chapter 420 Stream Buffer Protection Subdivision Regulations
Chapter 425 Community Design
Chapter 430 Redevelopment
|
[R.O. 2011 §34-41.2; Ord. No. 6841 §1, 1-24-2011; Ord. No. 6880 §1, 1-23-2012; Ord. No. 6895 §1, 9-24-2012]
A.
The
Cities of Olivette, Missouri and University City, Missouri are engaged
in a cooperative agreement to explore integrated and coordinated development
activities for the area around the Olive Boulevard and I-170 intersection.
B.
The
"Cities" believe that the location of this intersection on their mutual
boundary creates a unique opportunity to encourage high-quality, economically
sustainable, mixed use developments that projects positive community
images, increases the value of surrounding property, adds to the public
convenience, and provides additional opportunities for pursuing an
urban lifestyle for the residents and property owners of the respective
communities. The "Cities" further believe that this opportunity may
be best leveraged by their cooperation in managing future development
in this area.
C.
As
a tangible consequence of this cooperative agreement the "Cities"
are each creating a zoning overlay to foster coordinated redevelopment,
to be known as the "Joint Development Zoning Overlay" or "JDO", within
their respective jurisdictions by adopting this Article as part of
each City's Municipal Code. The "JDO" is applicable only to new structures,
and overlays existing zoning districts within the area.
D.
The
"JDO" provides a process for the "Cities" to jointly ensure that any
proposed development in the area meets the intent and purpose of this
Division. The final result of the "JDO" process will be the rezoning
of the area of proposed development into a separate zoning district
within the underlying "City", referred to as a "Planned Development
Zoning District", subject to its own specific regulations that implement
the intent and purpose of this Article.
E.
The
"JDO" is intended to allow the "Cities" an opportunity to coordinate
and jointly oversee development of the defined area in an effort to
further the goals and objectives of the development principles established
in the "Cities' Plans". Furthermore, the intent of the "JDO" is to
provide for and promote the revitalization and development of underutilized,
functionally or economically obsolete properties located within the
established district boundaries.
[R.O. 2011 §34-41.3; Ord. No. 6841 §1, 1-24-2011; Ord. No. 6880 §1, 1-23-2012; Ord. No. 6895 §1, 9-24-2012]
The following words, terms, and phrases, when used in this Chapter,
shall have the meanings ascribed in this Section.
Collectively the Cities of Olivette, Missouri and University
City, Missouri.
Each City's Municipal Code pertaining to amending the City's Zoning District Map including, but not limited to, the Olivette Municipal Code Title IV "Land Use" Article XX "Changes and Amendments" and the University City Municipal Code Chapter 400 "Zoning Code" Article XIV "Amendments", as may be amended from time to time, to the extent not overridden by this Article.
Each City's respective Comprehensive Plans and any additional
plans and studies adopted by either City as may be revised from time
to time.
Either of the "Cities" individually.
Acronym used in place of "Joint Development Zoning Overlay".
The Commission established by the "Cities" to review proposed
developments to ensure conformance to the purpose and intent of this
Article. The "Cities'" Councils shall appoint a six (6) member "JDO"
Review Commission to review any petition that encompasses any ground
in the "JDO". Each City shall appoint three (3) members. The "JDO"
Review Commission shall consist of one (1) representative member of
each community's City Council, Plan Commission, and Economic Development
Commission or Board. The "JDO" Review Commission may be a standing
commission appointed in advance to review all petitions submitted
per this Section.
The Zoning Overlay District established within each of the
"Cities" by this Article.
Acronym used in place of "Planned Development Zoning District".
A zoning district, within the scope of Chapter 89, RSMo., that has been established per this Article. A "PDD" within this Article is a map amendment to an area at least partially within the "JDO", and is contingent upon the approval of a development plan as per the requirements of Section 400.960.
[R.O. 2011 §34-41.4; Ord. No. 6841 §1, 1-24-2011; Ord. No. 6880 §1, 1-23-2012; Ord. No. 6895 §1, 9-24-2012]
A.
Each
of the "Cities" hereby establishes a zoning overlay, within its jurisdiction
to be known as the Joint Development Zoning Overlay ("JDO") and defines
the boundaries of said overlay as all non-single-family and multi-family
properties along the Olive Boulevard corridor, including properties
whose primary access is onto the Olive Boulevard corridor, extending
from McKnight Road on the east to the University City City limit on
the west.
B.
Existing
structures on property within the "JDO" may continue to be utilized
for permitted and conditional use permit provided for in the underlying
zoning district. The expansion of any existing structure or modifications
to the existing site improvements shall be limited to no more than
ten percent (10%) of the existing building square footage or surface
improvements.
C.
Any
redevelopment or development in excess of the aforementioned ten percent
(10%) that contains property partially or wholly within the "JDO"
shall consist of a minimum of ten (10) contiguous acres and will be
subject to the review procedures outlined in this Article.
[R.O. 2011 §34-41.5; Ord. No. 6841 §1, 1-24-2011; Ord. No. 6880 §1, 1-23-2012; Ord. No. 6895 §1, 9-24-2012]
A.
Prior
to the submission of any petition application for development in areas
within or including portions of the "JDO", the petitioner shall schedule
a joint pre-application staff meeting with the Zoning Administrators
of both "Cities".
B.
The
Zoning Administrators of both "Cities" may request that other City
department representatives attend this meeting. No formal approval
from the Zoning Administrators of either or both "Cities" or other
City staff is required prior to proceeding with any petition for a
proposed development.
C.
The
intent of the pre-application staff meeting is to:
1.
Identify the development boundaries;
2.
Discuss the "JDO" review procedures and establish a tentative review
schedule;
3.
Discuss compliance of the proposed development with the purpose and
intent of this Article and the "Cities' plans";
4.
Discuss a request for development incentives;
5.
Review the preliminary development layout; and
6.
Discuss prospective land uses and tenants.
D.
At
the pre-application staff meeting the petitioner will be informed
which City's Zoning Administrator will be the Lead Zoning Administrator.
The lead Zoning Administrator will be the Zoning Administrator of
the "City" with the largest land area in the proposed development.
The Lead Zoning Administrator will coordinate communication between
the Cities' Zoning Administrators and the petitioner.
[R.O. 2011 §34-41.5; Ord. No. 6880 §1, 1-23-2012; Ord. No. 6895 §1, 9-24-2012]
A.
The
petitioner shall prepare and submit a petition for conceptual development
plan review. The procedures for review are as follows:
1.
Submittal requirements.
a.
Petition application form. Completion of an authorized
petition application form supplied by the Lead Zoning Administrator,
including any supplemental information required by that form.
b.
Proof of ownership. Proof of ownership of each of
the properties involved or an approved legal instrument such as a
copy of intent of purchase contract authorizing the petitioner to
represent the owner.
c.
Conceptual development plan. A plan depicting the
boundaries of the development area, identifying existing improvements
and natural features within the development boundaries, and illustrating
the general location of anticipated structures, including buildings,
parking fields, streets and major drive aisles, land use categories,
and public spaces and improvements in geographic relation to one another.
d.
Narrative. A written narrative of the overall development
proposal that demonstrates consistency with the compliance of the
development with the purpose and intent of this Article and the "Cities'
plans".
f.
Reports. Technical reports and analysis, including,
but not limited to, traffic studies, soils reports, storm water management,
market analysis, financial pro formas, land appraisals, etc., prepared
by an approved agency or person.
g.
Fees. Filing and review fees as established by City
Council.
2.
Determination of completeness.
a.
The petition for conceptual development plan review is complete if
it provides sufficient information for the:
b.
Within fifteen (15) days after receipt of the petition and supporting
documents, the "Cities'" Zoning Administrators shall determine whether
the petition is complete. If the Zoning Administrators find that any
of the submittal requirements are unnecessary for this purpose, the
Zoning Administrators may waive or amend the specific requirements.
However, the "JDO" Review Commission at their discretion may request
any additional information prior to or during their review.
c.
If the petition is incomplete, it shall be returned to the petitioner.
The petitioner shall either resubmit or notify the Lead Zoning Administrator
of a pending resubmittal within a period of thirty (30) days. If the
resubmittal or notification of a pending resubmittal are not received
within this period, the petition shall be deemed withdrawn without
prejudice.
d.
Upon determination by the Zoning Administrators that the petition
is complete, the petitioner shall prepare and submit the required
number of copies of the petition documents deemed necessary by the
Zoning Administrators.
3.
Zoning Administrators' finding.
a.
Following a determination of completeness, the "Cities'" Zoning Administrators
shall prepare a finding, including background analysis and rationale.
The Administrators shall include in the finding a statement of any
modifications to the proposed development believed necessary or appropriate
to foster the intent and purpose of this Article.
b.
This finding shall be contained in one (1) report and transmitted
to the petitioner by the Lead Zoning Administrator within thirty (30)
days after the petition has been declared complete for purposes of
review. Within thirty (30) days of the transmission of the finding,
the petitioner may submit a request to the Lead Zoning Administrator
for a "JDO" Commission review or resubmit a modified petition to the
Lead Zoning Administrator for another finding. The Zoning Administrators
may grant a thirty (30) day extension for reasonable cause upon a
written request from the petitioner to the Lead Zoning Administrator.
If the petitioner has neither requested a review nor resubmitted a
modified petition within the original period or the extension, the
petition shall be deemed withdrawn without prejudice.
4.
Petition review.
a.
Following the request of the petitioner to forward the petition to
the "JDO Review Commission" for review, the Lead Zoning Administrator
will have thirty (30) days to schedule a meeting of the "JDO" Commission.
The "JDO" Review Commission shall review the petition and findings
of the Lead Zoning Administrator within sixty (60) days after receipt
of the petition.
b.
During the review the "JDO" Review Commission may use information
submitted by the petitioner, the "Cities'" Zoning Administrators'
finding and any other information deemed appropriate in considering
the recommendation. The "JDO" Review Commission may indicate any modifications
to the proposed development believed necessary or appropriate to foster
the intent and purpose of this Article.
c.
Upon mutual consent of the Zoning Administrators, "JDO" Review Commission,
and petitioner, time frames for review and recommendation, in this
or other Sections of the City's Municipal Code pertaining to this
review, may be extended or waived, except as may be required by State
law.
5.
"JDO" Review Commission recommendation.
a.
The "JDO" Review Commission shall act on a petition for conceptual
development plan review through a motion: "A development that substantially
conforms to the proposed development as described in the petition
under review but incorporating any modification indicated by the Commission
achieves the intent and purpose of this Article".
b.
If the motion passes, then the petition with modifications indicated
by the "JDO" Review Commission shall be designated a recommended conceptual
development plan. That designation shall remain in effect for one
(1) year from the date the question was passed, at which time the
petition will no longer be a recommended conceptual development plan.
c.
If the "JDO" Review Commission fails to act on the question in the required time frame or fails to pass the question, the petitioner may forward the petition for conceptual development plan in the form of a petition for "JDO" planned development review to the underlying City subject to the procedures outlined under Section 400.970 below, but the petition for planned development review will not be able to reference a recommended conceptual development plan.
d.
In any case, the petitioner shall be notified in writing of the "JDO"
Review Commission's action.
[R.O. 2011 §34-41.6; Ord. No. 6841 §1, 1-24-2011; Ord. No. 6880 §1, 1-23-2012; Ord. No. 6895 §1, 9-24-2012]
A.
Following
the action taken by the "JDO" Commission, the petitioner may proceed
to prepare and submit petition for "JDO" planned development review
to the City or Cities impacted by the proposed development boundaries.
The purpose of the petition for preliminary development plan review
is to review the preliminary development plan and to rezone the property
grounds, including the underlying zoning district, to a Planned Development
District "PDD".
B.
Except
as stated in this Section, the establishment of a "Planned Development
Zoning District" within the "JDO" shall adhere to the City's established
Rezoning Code. Should any conflict be found between this Section and
the "Cities'" established Rezoning Code", the provisions of this Section
shall prevail. This Section applies only to "Planned Development Zoning
Districts" created within the "JDO" and any Planned Development Zoning
District or similar district outside the "JDO" shall adhere to the
applicable processes elsewhere in the "Cities'" Municipal Codes.
1.
Submission requirements. The petition for "JDO"
planned development review shall, at a minimum, include the following:
a.
Petition application form. Completion of an authorized
petition application form supplied by the City, including any supplemental
information required by that form.
b.
Narrative statement. A narrative statement which:
(1)
Describes the overall development proposal, referencing any
recommended conceptual development petition on which it is based;
(2)
Explains and justifies any items that do not substantially conform
to the recommended conceptual development petition; and
(3)
Explains and justifies any modifications requested from the
following standards:
|
University City
|
Olivette
| |
|---|---|---|
|
Supplementary Regulations (Article V)
Historic Landmarks and Districts (Article VI)
Off-Street Parking and Loading Requirements (Article VII)
Sign Regulations (Article VIII)
Chapter 405 "Subdivision and Land Development Regulations"
The Olive Boulevard Design Guidelines
|
Chapter 405 Subdivision Regulations
Chapter 410 Floodplain Management
Chapter 415 Sign Regulations
Chapter 420 Stream Buffer Protection Subdivision Regulations
Chapter 425 Community Design
Chapter 430 Redevelopment
|
c.
Preliminary development plan. The plan shall, at
a minimum, include or illustrate the following:
(1)
Legal description of the boundaries of the development area;
(2)
The location of the tract in relation to the surrounding area;
(3)
A north arrow and graphic scale;
(4)
All underlying zoning setbacks and buffers;
(5)
Existing and proposed contours at vertical intervals of not
more than one (1) foot referred to sea level datum extending up to
one hundred fifty (150) feet from the boundaries of the development
area. Floodplain and wetland areas shall be delineated;
(6)
The location of all existing:
(a)
Property lines, alleys, streets, easements, utilities, etc.;
(b)
Improvements and structures within the development area and
extending up to one hundred fifty (150) feet from the boundaries of
the development area, including, but not limited to, buildings, parking
areas, driveways and drive aisles, fences, retaining walls, etc.;
and
(c)
Approximate location of wet and dry weather watercourses, floodplain
areas, sinkholes, wetlands, and other significant physical features
within the tract and within one hundred fifty (150) feet thereof;
(7)
The location of all proposed:
(8)
A minimum of two (2) cross section profiles through the site
showing preliminary building form, existing natural grade, and proposed
final grade;
(9)
Proposed ingress and egress to the site, including adjacent
streets;
(10)
The location and number of all parking and loading spaces;
(11)
Preliminary plan for provision of public utilities, including
sanitary sewer, water, electric, natural gas and telephone;
(12)
A preliminary grading and drainage plan demonstrating conformance
with storm water management design standards; and
(13)
Other detailed information and data as deemed necessary by the
Zoning Administrator.
d.
Traffic impact analysis.
(1)
The Zoning Administrator shall determine if a traffic study
is necessary based on information presented at the pre-application
conference.
(2)
Traffic studies are required for all petitions that include
a motor vehicle oriented business in the City.
(3)
The specific requirements of a traffic study shall be determined
by the Zoning Administrator with technical review by the City Engineer(s),
if needed.
(4)
The petitioner may elect to have the City's traffic consultant
prepare the study or the petitioner may choose to have another qualified
traffic engineer prepare the study which the City will have reviewed
by their traffic consultant.
(5)
The petitioner is responsible for the cost of the traffic study
prepared by the City's traffic consultant or the review by the City's
traffic consultant.
e.
f.
Building rendering. At least one (1) artistic concept
rendering or illustration of each typical building type and how it
will relate to streetscapes and open spaces.
g.
Communications with agencies. A report detailing
all communications and/or meetings held with any agencies, including
City departments, which have jurisdiction over, or provide services
to, the site including the status of any applications filed with said
agencies.
h.
Fees. Filing and review fees as established by the
underlying City's City Council.
2.
Determination of completeness.
a.
The petition is complete if it provides sufficient information for
the Zoning Administrator to make a determination of consistency, the
Plan Commission to conduct its review, and describes the proposed
development in sufficient detail to be referenced in an adopting ordinance,
all as required in this Section.
b.
The determination of completeness for a petition for preliminary
development plan review shall otherwise follow the same method as
in Section 400.960(2).
3.
Zoning Administrator's finding.
a.
To assist the Plan Commission, the Zoning Administrator shall prepare
a finding, including any background information, and analysis and
rationale as to why the proposed development as described in the petition
for preliminary development plan review does or does not substantially
conform to any recommended conceptual development plan referenced
in the petition. The Zoning Administrator shall consult the "JDO Review
Commission" members and include in the finding a statement from any
members wishing to include one. The Administrator shall include in
the finding a statement of any modifications to the preliminary development
plan believed necessary or appropriate to foster the intent and purpose
of this Article, the "Cities' plans" and the City's established Rezoning
Code.
b.
The finding process for a petition for preliminary development plan
review shall otherwise follow the same method as in Section 400.960(3).
4.
Plan Commission review. The review process for a petition for preliminary development plan review shall otherwise follow the same method as in Section 400.970.
5.
Plan Commission recommendation.
a.
The Plan Commission shall vote on the petition for preliminary development
plan review following the same method as for other amendments to the
City's Zoning District Map in the City's established Rezoning Code.
b.
In contemplating its recommendation the Plan Commission shall consider
if the proposed development described by the petition:
(1)
Adheres to the intent and purpose of this Article, the "Cities'
plans" and the "Cities'" established Rezoning Code, in that order
of preference should they be found to conflict;
(2)
Meets all regulatory standards and criteria of all proposed
land uses; and
(3)
Promotes the public health, safety and welfare.
c.
If the Plan Commission passes a recommendation for approval, then
the Petition for "JDO" planned development review, incorporating any
modifications adopted by the Plan Commission, shall be designated
a recommended "JDO" planned development petition. A recommendation
for approval or disapproval by the Commission, whether by its own
motion or an action or inaction which causes a default recommendation,
shall remain in effect for one (1) year.
d.
In any case, the petitioner shall be notified in writing of the Plan
Commission's action.
6.
City Council approval. The City Council shall vote
on an ordinance establishing a Planned Development District, by rezoning
the City's Zoning District Map to identify the property grounds identified
in the "JDO" planned development petition, as a preliminary development
plan as a "POD Planned Development Zoning District" and adopting the
"JDO" planned development petition and supporting petition documents.
If the "JDO" planned development petition is not a recommended "JDO"
planned development petition, or a recommended "JDO" planned development
petition is amended by the City Council, then the ordinance will require
two-thirds (2/3) majority vote.
7.
Recording. Upon approval by the City Council, the
property owner shall record a copy of the adopting ordinance establishing
the "Planned Development District", including the adopted "JDO" planned
development petition preliminary development plan, with the County
Recorder of Deeds. Two (2) original copies of the recorded documents
bearing the County Recorder's signature, seal, and notation as to
plat book and page shall be returned to the Zoning Administrator before
any permits for any manner of construction shall be issued. Failure
to record the adopting ordinance establishing the "PDD", including
the adopted "JDO" planned development petition, within any time specified
of the adopting ordinance, or within one (l) year of its adoption
if not specified in the adopting ordinance, the adopting ordinance
shall be rescinded.
8.
Guarantee of improvements. Upon approval by the
City Council, the petitioner shall enter into an agreement with the
"City" guaranteeing the completion of all public improvements. Failure
to complete the agreement within any time specified of the adopting
ordinance, or within one (1) year of its adoption if not specified
in the adopting ordinance, the adopting ordinance shall be rescinded.
9.
Modifications.
a.
An eligible petitioner shall submit a written request to amend or
modify the adopting ordinance establishing the Planned Development
District, including the adopted "JDO" planned development petition
to the Zoning Administrator. Submittal requirements shall be those
required to act on the requested modification as determined by the
Zoning Administrator.
b.
The Plan Commission may act to extend the development schedule; however,
for each extension said extension shall not exceed twelve (12) months
in duration.
c.
Other requested amendments which do not require rerecording of the
adopting ordinance establishing the "PDD", including the adopted "JDO"
planned development petition, shall require that the Plan Commission
review the petition and consider a recommendation to the City Council
followed by approval of the City Council.
d.
Other requested amendments shall require the same submittal, review,
and approval procedures as a new petition for "JDO planned development
review".
10.
Failure to commence construction. Unless otherwise
specified in the adopting ordinance establishing the "Planned Development
Zoning District", including the adopted "JDO" planned development
petition, substantial work or construction shall commence within eighteen
(18) months of ordinance adoption, unless, through modification, the
Plan Commission acts to extend the development schedule. If construction
has not commenced in the specified period or extension, the adopting
ordinance shall be rescinded. As used in this Section, substantial
work or construction shall include final grading for roadways necessary
for first (1st) approved plat or phases of construction and commencement
of installation of sanitary and storm sewers as applicable.
[R.O. 2011 §34-41.7; Ord. No. 6841 §1, 1-24-2011; Ord. No. 6880 §1, 1-23-2012; Ord. No. 6895 §1, 9-24-2012]
A.
Following
the recording of the "Planned Development Zoning District" and prior
to the construction or improvement related to the "Planned Development
Zoning District", the petitioner, or any representative thereof, shall
prepare and submit a petition for final development review to the
City or Cities impacted by the proposed development boundaries. The
intent of the final development review process is to allow for the
phasing of construction of portions of the "Planned Development Zoning
District" or individual structures of the "PDD", and ensure construction
adheres to the requirements of the adopting ordinance establishing
the "PDD" including the adopted "JDO" planned development petition.
No building, grading or site disturbance permits to develop any land
or construct any structures within the "PDD" shall be issued which
is not in conformity with an approved petition for final development
review.
1.
Submission requirements. A petition for final development
plan review shall be submitted to the Zoning Administrator and shall
include the following:
a.
Petition application. A completed petition application
form supplied by the City, including any supplemental information
required by that form.
b.
Narrative. A narrative statement on how and why
the plan conforms with the "Planned Development Zoning District",
including all associated development guidelines approved with the
"PDD".
d.
Fees. Filing and review fees as established by the
underlying City's City Council.
2.
Determination of completeness.
a.
The petition is complete if it provides sufficient information for
the Zoning Administrator and Plan Commission to conduct its review
as required in this Section.
b.
The determination of completeness for a petition for final development
review shall otherwise follow the same method as in Section 400.960(2).
3.
Petition review. The "City's" Plan Commission shall review the petition for final development review. The review process shall otherwise follow the same method as in Section 400.970.
4.
Plan Commission approval.
a.
The Plan Commission shall act on the motion: "The proposed development
as described in the petition under review substantially conforms to
adopting ordinance establishing the "Planned Development District",
including the adopted "JDO" planned development petition and supporting
documents."
b.
The Commission may find substantial conformance in the case of deviations
that are necessary:
c.
If the motion passes, then the petition for final development review,
incorporating any modifications adopted by the Plan Commission, shall
be designated an approved petition for final development review. That
designation shall remain in effect for one (1) year from the date
the motion was passed, at which time the petition will no longer be
an approved petition for final development review.
d.
In any case, the petitioner shall be notified in writing of the Plan
Commission's action.
