University City, MO Division 3 City Council Review and Action

Section 400.2630 City Council Review.

[R.O. 2011 §34-123.1; Ord. No. 6765 §1, 1-26-2009]

A. In conducting its review, the Council shall consider the staff report on the site plan and document findings of fact based directly upon the particular evidence presented to it supporting the conclusion that the proposed site plan review:

1. Complies with all applicable provisions of this Chapter;

2. At the specific location will contribute to and promote the community welfare or convenience;

3. Will not cause substantial injury to the value of neighboring property; and

4. Is consistent with the Comprehensive Plan, neighborhood development plan (if applicable), the Olive Boulevard Design Guidelines (if applicable), and any other official planning and development policies of the City; and

5. Will provide off-street parking and loading areas in accordance with the standards contained in Article VII of this Chapter.

B. In determining whether the evidence supports the conclusions required by Section 400.2630 of this Chapter, the Council shall consider the review criteria established as follows:

1. The proposed use complies with the standards of this Chapter, including performance standards, and the standards for motor vehicle oriented businesses, if applicable, as contained in Section 400.2720 of this Article;

2. The impact of projected vehicular traffic volumes and site access is not detrimental with regard to the surrounding traffic flow, pedestrian safety and accessibility of emergency vehicles and equipment;

3. The proposed use will not cause undue impacts on the provision of public services such as police and fire protection, schools and parks;

4. Adequate utility, drainage and other such necessary facilities have been or will be provided;

5. The proposed use is compatible with the surrounding area;

6. The proposed use will not adversely impact designated historic landmarks or districts; and

7. Where a proposed use has the potential for adverse impacts, sufficient measures have been or will be taken by the applicant that would negate, or reduce to an acceptable level, such potentially adverse impacts. Such measures may include, but are not necessarily limited to:

a. Improvements to public streets, such as provision of turning lanes, traffic control islands, traffic control devices, etc.;

b. Limiting vehicular access so as to avoid conflicting turning movements to/from the site and access points of adjacent properties, and to avoid an increase in vehicular traffic in nearby residential areas;

c. Provision of cross-access agreement(s) and paved connections between the applicant's property and adjacent property(ies) which would help mitigate traffic on adjacent streets;

d. Provision of additional screening and landscape buffers, above and beyond the minimum requirements of this Chapter;

e. Strategically locating accessory facilities, such as trash storage, loading areas and drive-through facilities, so as to limit potentially adverse impacts on adjacent properties while maintaining appropriate access to such facilities and without impeding internal traffic circulation;

f. Limiting hours of operation of the use of certain operational activities of the use (e.g., deliveries); and

g. Any other site or building design techniques which would further enhance neighborhood compatibility.

C. The City Council shall consider the extent to which such evidence demonstrated compliance with the foregoing criteria.

D. It shall be the responsibility of the applicant to clearly establish that the review criteria are met.

Section 400.2640 City Council Action.

[R.O. 2011 §34-123.2]

A. The City Council shall either approve, disapprove or conditionally approve the site plan. In approving a site plan, the City Council may impose conditions and restrictions on said site plan.

B. If the City Council so acts, it shall specify the specific requirements which must be met before the applicant may be granted final site plan approval and a building permit.

C. The City Council, in imposing conditions and restrictions, may adjust the standards set forth in this Chapter, by a factor of twenty percent (20%), when it finds that such adjustment, whether more or less restrictive, would be equivalent to such standards or more effective in achieving the spirit and intent of such standards.

D. The City Council may delegate to the Zoning Administrator the authority to approve the site plan when the administrator determines that the prescribed conditions have been met.