REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS

Transcription

1 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS APPLICATION NUMBER APPLICANT (PROJECT) NAME APPLICANT PROPERTY OWNER NAMES PDP LAND DYNAMICS Land Dynamics Development Corp Forsyth Boulevard, St. Louis, Missouri Land Dynamics Development Corp. (Under Contract) 7800 Forsyth Boulevard, St. Louis, Missouri Bridgeton Holdings, LLC Lackland Road, St. Louis, Missouri APPLICANT S REQUEST Amendments to Mixed Use District Ordinance to allow a convenience store with gas pumps or a retail center with drive-through and a new hotel in addition to the existing hotel SITE LOCATION STREET ADDRESSES Northwest corner of Westport Plaza Drive and Lackland Road and the south side of Page Avenue 2171 West Port Plaza Drive Lackland Rd 12031A Lackland Road PARCEL/LOCATOR NUMBER EXISTING ZONING DISTRICT TOTAL SITE AREA PLANNING AREA 15O610124; 15O620013; 15O MXD Mixed Use District acres total WESTPORT PLANNING AREA PUBLIC HEARINGS June 9 and 23, 2015 REPORT ISSUED July 9, 2015 CASE MANAGER RECOMMENDATION Michael Zeek, AICP APPROVAL

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3 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS DESCRIPTION OF EXISTING SITE CONDITIONS The subject site consists of three parcels located at the northwest corner of West Port Plaza Drive and Lackland Road. It is approximately ten acres in size (13.69 including portions of the public rights-of-way for rezoning purposes). The lower portion of the site along West Port Plaza Drive contains a vacant service station with gasoline pumps (formerly ZX). The upper portion of the site along Lackland Road contains a hotel with restaurant and banquet center (Comfort Inn and Spazios). REFER TO FIGURE 1 NEIGHBORHOOD CONDITIONS/LAND USE North of the site, across Page Avenue, is the Westport Plaza office/ entertainment development. East of the site, across West Port Plaza Drive is a ventilation, heating, air-conditioning, and commercial refrigeration equipment manufacturer (Watlow). To the west is an insurance company. To the south, across Lackland Road, are garage door installation contractor and a medical, dental, and hospital equipment and supplies merchant wholesaler. REFER TO FIGURE 2 ZONING CONTEXT The subject site and Westport Plaza to the north are zoned MXD Mixed Use District. Properties to the west and south are zoned M-1 Office, Service, and Light Manufacturing District. Watlow to the east is zoned PD-M Planned District Manufacturing. REFER TO APPENDIX A SUPPLEMENTAL MAPS AND SITE DATA REFER TO FIGURE 3 EXISTING CONDITIONS MATRIX DIRECTION EXISTING LAND USE ZONING DISTRICT COMMENTS North Office, restaurant, hotel, entertainment PD-M Westport Plaza, across Page Avenue East Manufacturing M-1 Across West Port Plaza Drive (Watlow) South Garage door installation contractor and medical, dental, and hospital equipment and supplies wholesaler M-1 Across Lackland Road West Insurance company M-1 LAND DYNAMICS July 9, 2015 PAGE 3

4 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS BACKGROUND In 2012, the subject site and the abutting service station property were rezoned to MXD Mixed Use District via adoption of Ordinance The Ordinance authorized the existing hotel, a future office building in the southwestern corner of the site, and the redevelopment of the West Port Plaza Drive frontage with a convenience store/gas station/fast food restaurant with drive-through. The Final Development Plan was approved, but no building permit application was ever filed. Earlier this year, Bridgeton Holdings, LLC, requested approval of a Conceptual Development Plan to develop a new hotel in the southeastern portion of the site. At this time, Land Dynamics also testified at public hearing with regard to their concept of a convenience store with gas pumps or a retail center with endcap drive-through. The Commission granted conceptual approval of the request via adoption of Resolution REQUEST Land Dynamics Development Corporation is requesting to amend Planned District Ordinance # to facilitate plans to demolish the existing service station building and related improvements and construct either a convenience store with gas pumps station or a retail building of approximately 10,500 square feet with a drive through to support a restaurant user at 2171 West Port Plaza Drive. Option 1, the convenience store with gas pumps, would have a store of approximately 5,441 square feet and eight pump stations under two canopies. Option 2, the retail building, would be a multi tenant building to include at least one restaurant on the end with the drive-through. Outdoor restaurant seating could also be included with this option. OPTION 1 OPTION 2 PAGE 4 REQUEST FOR AMENDMENT TO MXD MIXED USE DISTRICT #PDP July 9, 2015

5 ANALYSIS REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS IMPACT ON NEIGHBORHOOD CHARACTER If developed in a manner consistent with the draft ordinance conditions, the proposed development will have a positive impact on neighborhood character. The former service station is currently vacant and the building and site are deteriorating. Redevelopment of this site would add character and value through a building meeting the requirements of the Building Design Standards of the Zoning Code and landscaping in keeping with the Landscaping Design Standards. Likewise, a new hotel at the corner of West Port Plaza Drive and Lackland Road with these qualities would also improve neighborhood character. DRAFT ORDINANCE APPROACH A draft ordinance is attached to this report which would repeal the existing MXD Ordinance governing the site and establish a new MXD Ordinance in lieu thereof. The ordinance separates the site into two Planning Areas (1 & 2). The lower part of the site, along West Port Plaza Drive, is Area 1 and the upper part of the site, along Lackland Road, is Area 2. The use matrix included allows an array of commercial uses in Area 1, as proposed by the applicant, while Area 2 permits hotels with accessory uses. The ordinance contains a series of design controls, some of which are explained below. The Final Development Plan for each development phase is subject to the review and approval of the City Planner and Planning Commission. Given the limited details available with regard to the final uses, site design, or building design, the Planning Commission requested that this additional level of review on their part be included in the ordinance. DESIGN CRITERIA Access Lackland Road is maintained by the. Access from this roadway is subject to the review and approval of the City Engineer. West Port Plaza Drive is maintained by St. Louis County. The St. Louis County Department of Highways and Traffic submitted several comments which are included in the draft ordinance. Notably, access from West Port Plaza Drive will be restricted to three commercial entrances located to provide required sight distance, subject to the review and approval of the Department of Highways and Traffic. Building Design The draft ordinance requires that new buildings comply with Building Design Standards of the Zoning Code. Additionally, gasoline station canopies must be architecturally compatible with the convenience store building by incorporating the same color scheme as the building and incorporating the same materials as the building, including but not limited to masonry elements. Color building elevations are required for the review and approval of the Planning Commission in conjunction with the Final Development Plan. Parking Overall, parking must be in keeping with the Parking and Loading Regulations of the Zoning Code. The applicant s Preliminary Development Plan demonstrates that these requirements can be met on site. More specifically, the ordinance states that pedestrian walkways may be required between the public sidewalk and the building. The purpose of these walkways is to encourage pedestrian safety by clearly denoting the safest path of travel and to alert motorists to pedestrian activity. LAND DYNAMICS July 9, 2015 PAGE 5

6 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS ANALYSIS Signs A development of this complexity, particularly if a motor vehicle oriented business is included, will require a site-specific approach to signage. While the Sign Regulations of the Zoning Code will provide a basis for the review and approval of signs, a sign package for the review and approval of the Planning Commission is required prior to the issuance of sign permits. The ordinance contains a series of design goals including: i. Signs shall legibly convey their messages without being excessive, distracting, or unsafe to motorists or pedestrians reading them. ii. Signs shall be designed not to compete with one another, but to contribute to the convenience of the public and the attractiveness of the site and streetscape. iii. Signs shall be an integral architectural element of the buildings they identify. iv. Signs shall be consistent with, and not detract from, the overall character of the site. It should also be noted that the ordinance limits temporary signage to that issued by a permit in accordance with Section , Temporary Banners and Inflatables, of the Zoning Code. No other temporary, portable, or snipe signs shall be permitted. Section , Signs for Service Stations and Convenience Stores with Gasoline Pumps, of the Zoning Code governs price signage and signage on gasoline pumps. Landscaping The draft ordinance requires landscaping in conformance with the Landscaping Design Standards of the Zoning Code. The applicant s Preliminary Development Plan demonstrated that the requirements can be met onsite. The Planning Commission will review and approve the landscaping on the Final Development Plan. Lighting The draft ordinance requires that all exterior lighting be in accordance with the Lighting Design Standards of the Zoning Code. A lighting/photometric plan is required in conjunction with the site improvement plans for each phase of development. Section , Lighting of Gas Station and Drive-Through Canopies and Aprons, of the Zoning Code contains lighting provisions specific to gasoline station canopies. Screening The draft ordinance requires that dumpsters, recycling storage areas, mechanical equipment, and utility boxes be screened in accordance with Section , Screening of Outdoor Storage, Mechanical Equipment, and Above Ground Utilities, of the Zoning Code. Enclosures are required for dumpsters and recycling storage areas. Mechanical equipment and utility boxes are typically screened with fencing, walls, landscaping, and/or paint as determined during the site improvement plan review processes. PAGE 6 REQUEST FOR AMENDMENT TO MXD MIXED USE DISTRICT #PDP July 9, 2015

7 ANALYSIS REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS Stormwater Management Stormwater management is the purview of the Metropolitan St. Louis Sewer District (MSD). MSD s conceptual approval is required prior to approval of the site improvement plans for each phase of development. Outdoor Sales and Display Nearly all gasoline stations with convenience stores employ some measure of outdoor sales and display as an accessory use. The Zoning Code contains provisions specifically designed to reduce both functional and visual impacts of outdoor sales and display associated with gasoline stations with convenience stores. These provisions are contained in Section D.1, Outdoor Sales and Display at Gasoline Station Convenience Stores, of the Zoning Code. USE LIMITATIONS In the event that a retail center is developed, the ordinance contains limitations on certain uses to ensure their appropriateness. In essence, motor vehicle oriented businesses, educational services, fitness centers, restaurants, and outdoor restaurant seating are pre-conditioned. For example, educational services are permitted subject to City Planner review and approval of an operational plan to ensure that sufficient parking can be provided on site. The City has successfully employed this approach at other retail developments to facilitate occupancy while controlling potential adverse impacts. LAND DYNAMICS July 9, 2015 PAGE 7

8 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS FINDINGS AND RECOMMENDATION IMPACT ON NEIGHBORHOOD CHARACTER 1. The City Planner finds that the proposed development, subject to the limitations set forth in the draft ordinance, will result in a positive impact on neighborhood character. SITE DESIGN 2. The City Planner finds that the overall approach to site design is consistent with the intent and purpose of the Zoning Code, subject to the limitations set forth in the draft ordinance including the review and approval of a Final Development Plan. BUILDING DESIGN 3. Insufficient information was submitted to render a finding on the proposed building design. The draft ordinance requires conformance with the Building Design Standards and Planning Commission review and approval of building elevations in conjunction with the Final Development Plan. RECOMMENDATION The City Planner recommends that this application for an amendment to Mixed Use District Ordinance be approved by the Planning Commission and that the draft ordinance attached hereto be recommended for adoption by the City Council. The draft ordinance repeals Ordinance and enacts a new ordinance in lieu thereof. Michael Zeek City Planner PAGE 8 REQUEST FOR AMENDMENT TO MXD MIXED USE DISTRICT #PDP July 9, 2015

9 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS APPENDIX A SUPPLEMENTAL MAPS AND SITE DATA LAND DYNAMICS July 9, 2015 PAGE 9

10 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS FIGURE 1: AERIAL PHOTOGRAPH PAGE 10 REQUEST FOR AMENDMENT TO MXD MIXED USE DISTRICT #PDP July 9, 2015

11 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS FIGURE 2: EXISTING LAND USE PATTERN LAND DYNAMICS July 9, 2015 PAGE 11

12 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS FIGURE 3: ZONING MAP PAGE 12 REQUEST FOR AMENDMENT TO MXD MIXED USE DISTRICT #PDP July 9, 2015

13 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS EXHIBIT A: PRELIMINARY DEVELOPMENT PLAN (OPTION 1) LAND DYNAMICS July 9, 2015 PAGE 13

14 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS EXHIBIT B: PRELIMINARY DEVELOPMENT PLAN (OPTION 2) PAGE 14 REQUEST FOR AMENDMENT TO MXD MIXED USE DISTRICT #PDP July 9, 2015

15 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS EXHIBIT C: PRELIMINARY DEVELOPMENT PLAN (AREA 2) LAND DYNAMICS July 9, 2015 PAGE 15

16 REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS EXHIBIT D: LANDSCAPING PLANS (OPTION 1) PAGE 16 REQUEST FOR AMENDMENT TO MXD MIXED USE DISTRICT #PDP July 9, 2015

17 Recommendation of Planning Commission BILL NO. ORDINANCE NO DRAFT AN ORDINANCE REPEALING ORDINANCE AND ENACTING A NEW MXD MIXED USE DISTRICT ORDINANCE IN LIEU THEREOF FOR APPROXIMATELY FOURTEEN ACRES LOCATED AT THE NORTHWEST CORNER OF WEST PORT PLAZA DRIVE AND LACKLAND ROAD (Petition of Land Dynamics with the Consent of Bridgeton Holdings) WHEREAS, Public Hearings were held before the Planning Commission regarding the proposed amendments to this Mixed Use District; and WHEREAS, the Planning Commission has found that the proposed amendments are consistent with the Mixed Use District as previously approved; and WHEREAS, the Planning Commission has found that the proposed amendments advance the purpose and intent of the Comprehensive Plan; and WHEREAS, the Planning Commission has recommended approval of regulatory standards to guide the future development of the Mixed Use District; and WHEREAS, the City Council has reviewed the recommendation of the Commission and has determined that the proposed ordinance is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARYLAND HEIGHTS, MISSOURI, AS FOLLOWS: Section 1: Ordinance is hereby repealed. Section 2: The zoning of real estate in the for acres of land located at the northwest corner of West Port Plaza Drive and Lackland Road, as more specifically described in Exhibit A attached hereto, is zoned "MXD" Mixed Use District on the condition that said development is carried out in accordance with this Ordinance. This zoning shall be recorded on the Official Zoning Map of the City. Section 3: Purpose The purpose of this Mixed Use District is to permit the redevelopment of the former service station along West Port Plaza Drive and the construction of a new hotel, in lieu of or in addition to the existing hotel along Lackland Road consistent with the plans included in the City Planner s Report to the Planning Commission dated July 9, 2015 for PDP For this purpose, this Mixed Use District shall be divided into two (2) Planning Areas as shown in Exhibit "B" attached hereto. Each Planning Area may be developed independently. Section 4: This zoning is subject to all applicable City ordinances, and the conditions that follow: I. PERMITTED, CONDITIONAL, AND ACCESSORY USES Permitted (P), Conditional (C), and Accessory (A) uses shall be in accordance with the Use Matrix included as Exhibit "C" attached hereto. Ordinance No DRAFT Page 1 of 8

18 II. FINAL DEVELOPMENT PLAN REQUIREMENTS A. Within twelve (12) months of approval of this Mixed Use District and prior to the approval of site improvement plans, the Final Development Plan shall be submitted to the City Planner and Planning Commission for review and approval. Where due cause is shown by the applicant, the time interval may be extended by the City Planner. B. The Final Development Plan shall meet the requirements of Section , Final Development Plan, of the Zoning Code. In addition, the Final Development Plan shall contain the following information: 1. Building Design Proposed elevations according to the requirements of Section 4IV.E, Building Design, of this ordinance. 2. Landscaping - Proposed landscaping improvements according to the requirements of Section 4.IV.H, Landscaping, of this ordinance. C. Independent Final Development Plans may be submitted for developments in Planning Areas 1 and 2. D. No public hearing shall be required for the Planning Commission s review and approval of the Final Development Plan. III. SITE IMPROVEMENT PLAN SUBMITTAL REQUIREMENT A. A site improvement plan shall be required for each phase of development. B. No building permits, other than demolition permits, shall be issued prior to approval of the site improvement plan for that phase. C. Plan review shall be in accordance with Article 4, Site Plan Review, of the Zoning Code. D. Improvement plans shall illustrate compliance to the development requirements as set forth herein. E. Prior to approval of the site improvement plan, verification of any necessary approvals from the St. Louis County Department of Highways and Traffic, the Metropolitan St. Louis Sewer District, and Maryland Heights Fire District shall be received by the City Planner. IV. SPECIFIC DEVELOPMENT REQUIREMENTS A. Building Height - Building height requirements shall be in accordance with those of the "M-1" Office, Service, and Light Manufacturing District. B. Structure Setbacks - No new structures, except dumpster enclosures, fences, walls, light standards, signage or other structures as otherwise approved on the Final Development Plan shall be located within the following setbacks: 1. Thirty (30) feet from the West Port Plaza Drive right-of-way. 2. Thirty (30) feet from the Lackland Road right-of-way. 3. Thirty (30) feet from the Page Avenue right-of-way. Ordinance No DRAFT Page 2 of 8

19 4. Forty (40) feet from the western limits of this Mixed Use District. 5. No setbacks shall be required from property lines internal to the Planned District. C. Parking Setbacks - No new parking or internal access drive excluding points of ingress and egress, shall be located within the following setbacks. D. Access 1. Five (5) feet from the West Port Plaza Drive right-of-way. 2. Fifteen (15) feet from the Lackland Road right-of-way. 3. Ten (10) feet from the Page Avenue right-of-way. 4. Fifteen (15) feet from the western limits of this Mixed Use District. 5. No setbacks shall be required from property lines internal to the Planned District. 1. Access from Lackland Road shall be limited to two (2) entrances, as directed by the City Engineer. 2. Access to this development from West Port Plaza Drive shall meet the following requirements: a. Access shall be restricted to three (3) commercial entrances located to provide required sight distance; b. Entrances shall be constructed to St. Louis County standards; 3. A sidewalk shall be provided along the entire parcel frontage along West Port Plaza Drive as directed by the St. Louis County Department of Highways and Traffic. 4. If required sight distance cannot be provided at the access locations, the following may be required by the St. Louis County Department of Highways and Traffic: a. Acquisition of right-of-way; b. Reconstruction of pavement including correction to the vertical alignment; and/or c. Other off-site improvements as may be required to provide adequate sight distance. 5. Installation of Landscaping and Ornamental Entrance Monument or Identification Signage construction shall be reviewed by the Saint Louis County Department of Transportation for sight distance consideration and approved prior to installation or construction. E. Building Design - Any new building shall be designed in accordance with Article 13, Building Design Standards, of the Zoning Code. Additionally: 1. Color building elevations shall be submitted to the Planning Commission for review and approval in conjunction with the Final Development Plan. Ordinance No DRAFT Page 3 of 8

20 2. Gasoline station canopies shall be architecturally compatible with the convenience store building by: i. Incorporating the same color scheme as the building; and ii. Incorporating the same materials as the building, including but not limited to masonry elements. F. Parking & Loading - Off-street parking and loading spaces shall be provided in accordance with Article 14, Parking and Loading Regulations, of the Zoning Code. Additionally: 1. The outside storage or parking of vehicles unrelated to the permitted uses on the site shall be prohibited. 2. Walkways a. Walkways consisting of differential surface treatment, such as stamped concrete or asphalt, may be required between the building and the public sidewalk for the following purposes: i. To encourage pedestrian safety by clearly denoting the safest path of travel. ii. To alert motorists to pedestrian activity. b. The location and design of these walkways shall be subject to the review and approval of the City Planner and the Planning Commission on the Final Development Plan. G. Signs - Signs shall be in accordance with Article 15, Sign Regulations, of the Zoning Code. Additionally: 1. Sign Package a. Prior to issuance of a permit for any permanent sign, a sign package shall be submitted for the review and approval of the Planning Commission in accordance with the requirements of B, Sign Package, of the Zoning Code. b. Said sign package shall include both existing and proposed signs within each Planning Area. c. Said sign package shall meet the following design goals: i. Signs shall legibly convey their messages without being excessive, distracting, or unsafe to motorists or pedestrians reading them. ii. Signs shall be designed not to compete with one another, but to contribute to the convenience of the public and the attractiveness of the site and streetscape. iii. Signs shall be an integral architectural element of the buildings they identify. iv. Signs shall be consistent with, and not detract from, the overall character of the site. 2. Temporary signs shall be subject to a permit in accordance with Section , Ordinance No DRAFT Page 4 of 8

21 Temporary Banners and Inflatables, of the Zoning Code. No other temporary, portable, or snipe signs shall be permitted. For the purpose of this ordinance, snipe signs are defined as signs attached to trees, poles, stakes, fences, or to other objects intended to advertise goods or services provided on or off premises. H. Landscaping Landscaping shall be provided for proposed improvements in accordance with Article 16, Landscaping Design Standards, of the Zoning Code. I. Environmental Standards - Every use, activity, process or operation on the site shall comply with Article 17, Environmental Standards, of the Zoning Code. J. Exterior Lighting 1. New or replacement lighting shall be in accordance with Article 18, Lighting Design Standards, of the Zoning Code. 2. Lighting/photometric plans shall be submitted for review and approval in conjunction with the site improvement plan for each phase of development. K. Outdoor Storage - No outside storage of materials or equipment shall be permitted, other than refuse or recycling placed within enclosures meeting the requirements of Section , Screening of Outdoor Storage, Mechanical Equipment, and Utilities, of the Zoning Code. L. Utilities and Mechanical Equipment 1. Any new permanent electrical, telephone, data transmission and distribution lines shall be installed underground within the Planned District. 2. Mechanical equipment and above ground utility boxes, meters, or similar items shall be screened in accordance with the provisions of Section , Screening of Outdoor Storage, Mechanical Equipment, and Above Ground Utilities, of the Zoning Code. M. Stormwater - Adequate provisions shall be made for the disposal of stormwater, in accordance with the specifications and standards of the Metropolitan St. Louis Sewer District. N. Sanitary Sewers V. MAINTENANCE 1. Sanitary sewer facilities shall be provided in accordance with the requirements of the Metropolitan St. Louis Sewer District. 2. Extension of public sewer lines may be necessary to serve all properties at this site. Private sewer laterals should not cross property lines. A. The buildings and site shall be maintained in accordance with the Property Maintenance Code. B. The landscaped areas shall be maintained in accordance with landscaping delineated on the Final Development Plan. Plant materials shall be replaced or replanted as determined by annual inspection of the site by the City Planner or his assigns. Ordinance No DRAFT Page 5 of 8

22 VI. USE LIMITATIONS The following limitations shall be placed upon the permitted uses in Planning Area 1: A. Motor Vehicle Oriented Businesses Motor Vehicle Oriented Businesses shall comply with Article 23, Motor Vehicle Oriented Businesses, of the Zoning Code except as follows: 1. The Planning Commission may waive or reduce the requirements set forth in Article 23 upon review/approval of the Final Development Plan. 2. Prior to issuance of a waiver or reduction, the Planning Commission shall receive and review a report from the City Engineer and/or the City s traffic consultant. 3. A maximum of eight (8) gasoline pump islands shall be permitted. B. Educational Services 1. Prior to an occupancy permit for any proposed educational service, the applicant shall submit an operational plan for the review and approval of the City Planner. Said plan shall include: a. Hours of operation; b. Number of classes; c. Number of student seats; d. Number of faculty/staff; and e. Number and location of parking spaces devoted to this use. 2. The operational plan shall demonstrate compliance with the parking requirements of this ordinance. Failure to adequately demonstrate compliance will result in the denial of an occupancy permit. C. Fitness and Recreational Sports Centers 1. Prior to an occupancy permit for any proposed educational service use, the applicant shall submit an operational plan for the review and approval of the City Planner. Said plan shall include: a. Hours of operation; b. Total square footage; c. Square footage of open activity rooms; d. Square footage of athletic courts; e. Number of exercise stations or machines; c. Number of members; d. Number of faculty/staff; and e. Number and location of parking spaces devoted to this use. 3. The operational plan shall demonstrate compliance with the parking requirements of this ordinance. Failure to adequately demonstrate compliance will result in the denial of an occupancy permit. 4. Tournaments or other events may require a Special Event Permit in accordance with the Municipal Code. D. Restaurants Ordinance No DRAFT Page 6 of 8

23 1. Prior to an occupancy permit for any proposed restaurant or prior to expansion of the existing restaurants by seats or floor area, the applicant shall submit an operational plan for the review and approval of the City Planner. Said plan shall include: a. A written statement describing the typical operation of the restaurant including a description of the ordering and service process and the anticipated ratio of carry-out versus dine-in service. b. A typical floor plan or floor plans. c. Daily hours of operation; d. Number of employees; e. Number of tables and seats; f. Square footage allotted to pool tables, darts, video games and similar recreational activities; g. Square footage allotted to queuing, waiting, or other areas where patrons may stand; h. Lineal feet of bar frontage; and i. Number and location of parking spaces devoted to this use. 2. The operational plan shall demonstrate compliance with the parking requirements of this ordinance. Failure to adequately demonstrate compliance will result in the denial of an occupancy permit. E. Outdoor Restaurant Seating 1. The location of the patio area(s) shall be reviewed and approved by the City Planner on the site improvement plan. 2. The design of the patio area(s) including, but not limited to, hardscaping, landscaping, and fencing shall be reviewed and approved by the City Planner on the site improvement plan. 3. A minimum five (5') foot wide pedestrian walkway aisle shall be maintained at all times through or adjacent to the outer edge of any outdoor dining area. 4. Outdoor dining areas shall be separated and protected from vehicular traffic by decorative fencing, bollards, and/or curbs, as approved by the City Planner on the site improvement plan. 5. With the exception of incidental signage, no signage or other form of advertising shall be allowed in the outdoor dining area. VII. PLANNED DISTRICT LIMITATIONS Limitations regarding failure to commence construction, abandonment, and extension of development schedule shall be in accordance with the provisions of Section , Limitations, of the Zoning Code. VIII. RIGHTS OF APPEAL In the event of a disagreement between any Developer and the City Planner and/or the City Engineer as to the criteria or conditions set forth in this ordinance and/or the Zoning Code, such disagreement shall be submitted to the Planning Commission for recommendation to the City Council, which shall make the decision on such disagreement, provided the Developer shall have the right to appeal such decision pursuant to the Zoning Code and to pursue any other available legal or equitable remedy. Ordinance No DRAFT Page 7 of 8

24 IX. RECORDING Within fifteen (15) days from the approval of the Final Development Plan, and prior to the issuance of any building permit, the property owner shall record a copy of the approved Final Development Plan, and any subsequent amendments thereto, with the St. Louis County Recorder of Deeds. Upon written request, this time period may be extended by the City Planner. Two (2) copies of said plan shall be provided to the Department of Community Development. Section 5: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED BY THE CITY COUNCIL THIS DAY OF MAYOR/PRESIDING OFFICER APPROVED BY THE MAYOR THIS DAY OF ATTEST: MAYOR CITY CLERK Ordinance No DRAFT Page 8 of 8

25 Exhibit A Legal Description A tract of land being part of U.S. Survey 1312, Township 46 North, Range 5 East, in the, St. Louis County, Missouri, being more particularly described as follows: Beginning at Centerline Station of Missouri State Highway Route "D" (also known as Page Avenue) at its intersection with Centerline Station of the Lackland Road Connection (also known as West Port Plaza Drive); thence Southeasterly, along the Centerline of said West Port Plaza Drive, South 13 degrees 04 minutes 39 seconds East, feet to its intersection with a point on the Centerline of Lackland Road, variable width, at Centerline Station ; thence Southwesterly, along the Centerline of said Lackland Road, variable width, South 80 degrees 32 minutes 13 seconds West, feet to an angle point therein; thence Southwesterly, continuing along the Centerline thereof, South 80 degrees 57 minutes 13 seconds West, feet to a point; thence Northwesterly, departing said Centerline, North 09 degrees 02 minutes 47 seconds West, feet to a point on the Northern Right Of Way Line of said Lackland Road, as widened according to instrument recorded in Deed Book Page 476 of the St. Louis County Records; thence Northeasterly, along the Western line of property conveyed to MNJ, Inc., by deed recorded in Deed Book Page 1682 of the St. Louis County Records, North 11 degrees 36 minutes 38 seconds East, feet to its intersection with a point on the Southern Right Of Way Line of Missouri State Highway "D", as aforementioned; thence Northwesterly, departing the Southern Right Of Way Line thereof, North 13 degrees 04 minutes 39 seconds West, feet to its intersection with a point on the Centerline of said Missouri State Highway "D", being Centerline Station thereof; thence Northeasterly, along said Centerline, North 76 degrees 55 minutes 21 seconds East, feet to the point of beginning and containing acres, more or less (596,459 square feet). Ordinance No DRAFT Exhibit A Page 1 of 1

26 Exhibit B Planning Areas Ordinance No DRAFT Exhibit B Page 1 of 1

27 Land Use Matrix Planning Areas Category 1 2 MANUFACTURING 323 PRINTING & RELATED SUPPORT ACTIVITIES Commercial Screen Printing P Support Activities for Printing P 442 FURNITURE & HOME FURNISHINGS Furniture Stores P Floor Covering Stores P Other Home Furnishings Stores P 443 ELECTRONICS & APPLIANCES Household Appliance Stores P Electronics Stores P Camera Shops P Cellular Telephone Stores P Computer and Software Stores P Prerecorded Music and Movie Stores P RETAIL TRADE 444 BUILDING MATERIAL AND GARDEN EQUIPMENT AND SUPPLIES DEALERS Outdoor Display and Sales of Retail Products C Paint and Wallpaper Stores P Hardware Stores C Electrical Supplies Stores C Heating and Plumbing Equipment and Supplies Stores C Kitchen and Bath Material Stores P 445 FOOD AND BEVERAGE STORES Supermarkets and Other Grocery (except Convenience) Stores P Convenience Stores P A Meat Markets P Fish and Seafood Markets P Fruit and Vegetable Markets P 2015-DRAFT Exhibit C Page 1 of 9

28 Land Use Matrix Planning Areas Category Baked Goods Stores P Confectionery and Nut Stores P All Other Specialty Food Stores P Beer, Wine, and Liquor Stores C 446 HEALTH AND PERSONAL CARE Pharmacies and Drug Stores P Pharmacies and Drug Stores with Drive Through Services P Cosmetics, Beauty Supplies, and Perfume Stores P Optical Goods Stores P Food (Health) Supplement Stores P All Other Health and Personal Care Stores P 447 GASOLINE STATIONS Gasoline Stations with Convenience Stores P RETAIL TRADE Other Gasoline Stations P 448 CLOTHING AND CLOTHING ACCESSORY STORES 4481 Clothing Stores P A Clothing Accessories Stores P A Other Clothing Stores P Shoe Stores P Jewelry Stores P Luggage and Leather Goods Stores P 451 SPORTING GOODS, HOBBY, AND BOOK STORES Sporting Goods Stores P Hobby, Toy, and Game Stores P Sewing, Needlework, and Piece Goods Stores P Musical Instrument and Supplies Stores P Book Stores P 2015-DRAFT Exhibit C Page 2 of 9

29 Land Use Matrix Planning Areas Category News Dealers and Newsstands P A 452 GENERAL MERCHANDISE STORES Dollar Stores and Limited Price Variety Stores C 453 MISCELLANEOUS STORE RETAILERS Florists P RETAIL TRADE Office Supplies and Stationery Stores P Gift, Novelty, and Souvenir Stores P Pet and Pet Supplies Stores C Art Dealers P Tobacco Stores C All Other Miscellaneous Store Retailers C Swimming Pool Equipment and Supply Stores C 522 BANKING SERVICES Commercial Banking P Commercial Banking with Drive Through Services P Automated Teller Machines (Freestanding Outdoor) C Savings Institutions P Savings Institutions with Drive Through Services P Credit Unions P Credit Unions with Drive Through Services P FINANCIAL Sales Financing P Consumer Lending, no including Personal Loan Businesses P Mortgage and Nonmortgage Loan Brokers P Financial Transactions Processing, Reserve, and Clearinghouse Activities P 523 SECURITIES, COMMODITY CONTRACTS, AND OTHER FINANCIAL INVESTMENTS AND RELATED ACTIVITIES 5231 Securities and Commodity Contracts Intermediation and Brokerage P 5239 Other Financial Investment Activities P 2015-DRAFT Exhibit C Page 3 of 9

30 Land Use Matrix Planning Areas Category INSURANCE CARRIERS 5241 Insurance Carriers P Insurance Agencies and Brokerages P FINANCIAL Claims Adjusting P Health and Welfare Funds P Other Insurance Funds P 531 REAL ESTATE 5311 Lessors of Real Estate P PROFESSIONAL REAL ESTATE Offices of Real Estate Agents and Brokers P Real Estate Property Managers P Offices of Real Estate Appraisers P Other Activities Related to Real Estate P 541 PROFESSIONAL & TECHNICAL SERVICE 5411 Legal Services P Accounting, Tax Preparation, Bookkeeping, and Payroll Services P Architectural Services P Landscape Architectural Services P Engineering Services P Drafting Services P Building Inspection Services P Geophysical Surveying and Mapping Services P Testing Laboratories C Interior Design Services P Industrial Design Services P Graphic Design Services P Custom Computer Programming Services P Computer Systems Design Services P 2015-DRAFT Exhibit C Page 4 of 9

31 Land Use Matrix Planning Areas Category Computer Facilities Management Services P Administrative Management and General Management Consulting Services P Human Resources Consulting Services P Marketing Consulting Services P Environmental Consulting Services P Other Scientific and Technical Consulting Services P Research and Development in Biotechnology P Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology) P Advertising Agencies P Public Relations Agencies P Media Buying Agencies P PROFESSIONAL Media Representatives P Direct Mail Advertising P Advertising Material Distribution Services P Other Services Related to Advertising P Marketing Research and Public Opinion Polling P Photography Studios, Portrait P Commercial Photography P Translation and Interpretation Services P Veterinary Services C All Other Professional, Scientific, and Technical Services C MANAGEMENT 551 MANAGEMENT OF COMPANIES AND ENTERPRISES Offices of Bank Holding Companies P Offices of Other Holding Companies P Corporate, Subsidiary, and Regional Managing Offices P 561 ADMINISTRATIVE & SUPPORT SERVICES Office Administrative Services P 2015-DRAFT Exhibit C Page 5 of 9

32 Land Use Matrix Planning Areas Category 1 2 ADMINISTRATION Employment Placement Agencies P Document Preparation Services P Private Mail Centers P Other Business Service Centers (including Copy Shops) P Collection Agencies P HEALTH CARE EDUCATION ADMINISTRATION Credit Bureaus P Court Reporting and Stenotype Services P Travel Agencies P Packaging and Labeling Services P 611 EDUCATIONAL SERVICES Colleges, Universities, and Professional Schools P Business and Secretarial Schools P Computer Training P Professional and Management Development Training P Technical and Trade Schools P Fine Arts Schools P Language Schools P Exam Preparation and Tutoring P Educational Support Services P 621 AMBULATORY HEALTH CARE SERVICES Offices of Physicians P Offices of Mental Health Specialists P Offices of Dentists P Offices of Chiropractors P Offices of Optometrists P Offices of Physical, Occupational and Speech Therapists, and Audiologists P Offices of Podiatrists P 2015-DRAFT Exhibit C Page 6 of 9

33 Land Use Matrix Planning Areas Category 1 2 HOSPITALITY ARTS & RECREATION HEALTH CARE H Family Planning Centers P HMO Medical Centers C Kidney Dialysis Centers P Freestanding Ambulatory Surgical and Emergency Centers C All Other Outpatient Care Centers C Medical Laboratories P 624 SOCIAL ASSISTANCE Child and Youth Services P Services for the Elderly and Persons with Disabilities P Other Individual and Family Services P Vocational Rehabilitation Services P Child Day Care Services C 713 AMUSEMENT, GAMBLING, AND RECREATION INDUSTRIES Fitness and Recreational Sports Centers P A Bikeway A A Walkway A A 721 ACCOMMODATION Hotels P Hotels, Extended Stay P Hotels, Limited Service P 722 FOOD SERVICES AND DRINKING PLACES Outdoor Restaurant Seating A A Caterers P A Banquet Facilities A Food Truck, Trailer, or Cart A Bars and Taverns (Drinking Places) C A Full-Service Restaurants P A 2015-DRAFT Exhibit C Page 7 of 9

34 Land Use Matrix Planning Areas Category Take Out Restaurants P Cafeterias, Grill Buffets, and Buffets P A Snack and Nonalcoholic Beverage Bars P A Fast Food Restaurants P Fast Food Restaurants with Drive Through Services P Entertainment Restaurants P A Microbreweries/Wineries P A 811 REPAIR SERVICES AND MAINTENANCES Reupholstery and Furniture Repair P Footwear and Leather Goods Repair P Other Personal and Household Goods Repair and Maintenance C Watch, Clock, and Jewelry Repair P Tailoring Services P 812 PERSONAL & LAUNDRY SERVICES PERSONAL SERVICES Barber Shops P A Beauty Salons P A Nail Salons P A Diet and Weight Reducing Centers P Tanning Salons P Hair Replacement Services P Coin-Operated Laundries and Drycleaners C A Drycleaning and Laundry Services (Pick Up) P Pet Care (except Veterinary) Services C Dating Services P Party Planning Services P 813 RELIGIOUS, GRANTMAKING, CIVIC, PROFESSIONAL, AND SIMILAR ORGANIZATIONS Places of Worship P 2015-DRAFT Exhibit C Page 8 of 9

35 Land Use Matrix Planning Areas Category Religious Organization Administrative Offices P ORGANIZATIONS ORGANIZATIONS Grantmaking Foundations C Grantmaking Foundations - Administrative Offices P Voluntary Health Organizations P Environmental and Natural Resource Preservation Advocacy Organizations P Animal Rights and Welfare Organizations and Humane Societies C Environmental and Natural Resource Preservation Advocacy Organizations Administrative Office P Civic and Social Organizations C Business Associations P Professional Organizations P Labor Unions and Similar Labor Organizations C Political Organizations P 2015-DRAFT Exhibit C Page 9 of 9