City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents
[CC 1961 §§23.18 — 23.18.1; Ord. No. 2974 §23.18.1, 6-20-1988; Ord. No. 3048 §1, 5-1-1989; Ord. No. 3121 §1, 5-7-1990]
A Planned Commercial or Research and Industrial District shall be established by application or petition. The owners or option holders of any tract of land shall submit to the City Council a plan for the use and development of all of such tract for the purposes of meeting the requirements set forth in this Section.
In order that the purpose of this district may be realized, the land, buildings and appurtenant facilities of each tract so zoned shall be in single ownership, or under the management or supervision of a central authority, or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this Section.
[CC 1961 §23.18.2; Ord. No. 2974 §23.18.2, 6-20-1988]
The plan shall be referred to the Plan Commission for study and report and recommendation. Written notice shall be given prior to formal consideration by the Plan Commission on any proposed plan to all property owners within three hundred (300) feet of the boundary of the premises under consideration. If no report is transmitted by the Plan Commission within ninety (90) days of notification, the City Council may take action without further awaiting such report. After the Plan Commission approves or disapproves the plans, the report and plans shall then be submitted to the City Council for their consideration and action. The Plan Commission's recommendations shall be accompanied by a report stating the reasons for approval or disapproval and how the application meets the requirements of the planned districts as set forth in this Section.
[CC 1961 §23.18.3; Ord. No. 2974 §23.18.3, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
The City Council may approve the plan and amend the zoning District Map in accordance with Section 400.580. In case of an adverse report by the Plan Commission, such amendment, supplement, change, modification or repeal shall not become effective except by a favorable vote of at least five (5) of the members of the City Council.
The applicant shall file a surety bond or escrow cash or equivalent to ensure the removal of any improvements which are started but not completed in accordance with the approved plan, or to complete and carry out the construction plan of the planned commercial development within three (3) years from the date of the approval of the plan by the City Council, or as extended by the Council. Such bond or escrow shall provide that the same is enforceable by the City for the purposes set out above if the applicant does not complete or develop the commercial development in accordance with the approved plan within the specified time. The amount of such bond shall be equal to one hundred percent (100%) of the estimated cost of construction of the development improvements. The form and conditions of the surety bond or escrow agreement shall be approved by the City Attorney. Installation of facilities required to protect and preserve the character and value of surrounding residential properties must be completed before occupancy permits will be issued.
If any approved plan is not substantially developed in accordance therewith within three (3) years from the date of the rezoning, the City Council may institute an extension or a rezoning of all or a part of said property in accordance with Section 400.580.
Compliance With Plan. Structures, improvements and landscaping shall be built or installed and maintained in accordance with the plan as approved herein by the City Council. This will be in respect to all requirements of said plan and shall include, but not be limited to the location of the structures, layout and improvement of off-street parking and loading areas, location and width of driveways, ingress and egress to and from the site, grading, location and planting of landscaped areas and fencing and location and design of lighting and signs. Once said structures, improvement and landscaping have been built or installed, it shall be the duty of the owner or agent of the property, buildings or premises to maintain said structures, improvements and landscaping in accordance with the plan approved herein.
[CC 1961 §23.18.4; Ord. No. 2974 §23.18.4, 6-20-1988]
In considering whether or not such application for a planned district should be granted, it shall be the duty of the Plan Commission and the City Council to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the City generally. In considering the special use, the Plan Commission and the City Council should consider the following:
The appropriateness of the proposed use for the site in terms of land patterns in the entire City.
Reasonable alternate uses of the site that would be more appropriate.
The compatibility with surrounding uses and compatibility with the surrounding neighborhood.
The comparative size, floor area and mass of the proposed structures in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.
The general appearance of the neighborhood will not be adversely affected by the location of the proposed use on the parcel.
The capacity of adjacent streets to handle increased traffic in terms of traffic volume.
The number of traffic movements generated by the proposed use and relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood, not in terms of the street's capacity to absorb the additional traffic, but rather in terms of any significant increase in hourly or daily traffic levels.
The requirements for public services where the demands of the proposed use is in excess of the individual demand of adjacent land uses in terms of Police and fire protection, the presence of any potential or real fire hazards created by the proposed use.