Land Development Project

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Land Development Project

• Land Use Law
• Spring 2004
• Mark Spykerman

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• Land Development Project
• The Proposal
• The Current Zoning
• The Zoning Process

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1. The Proposal
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New Urbanist Light Commercial

• Storefronts right up against sidewalk.
• On street parking only (will depend heavily on
  pedestrian traffic)
• Possible Uses
• Coffee shop
• Specialty Retail

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Location

• Vacant gas station at southeast corner of Delmar
  at North South.
• Located in University City, ½ mile north of
  downtown Clayton

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The neighbors

• Commercial Uses directly South (dry cleaner)
• Commercial Uses at all corners of the
  intersection.

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The neighbors, cont.

• High Density Residential (Zoned HR) on North
  South
• Medium Density residential (MR) along Delmar

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2. The Current Zoning
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University City Zoning Map
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Proposed Projects Current ZoningLimited
Commercial
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Limited Commercial

• Section 34.35.2 Intent and purpose.
• The "LC" limited commercial district is intended
  to accommodate limited retail and service
  businesses at locations within or adjacent to
  residential neighborhoods. Such retail and
  service establishments are intended to serve a
  relatively small and local market area, or are of
  such character and intensity which are compatible
  with the surrounding neighborhood. (Ord. 6139 1
  (Exh. A (part)), 1997)

• Section 34.35.3 Permitted Uses
• Ordinance lists 20 specific uses allowed in LC
  districts, including retail specialty shops.
• Section 34.35.4 Conditional Uses
• Ordinance lists 18 conditional uses including
  restaurants and outdoor seating.
• Section 34.94.2 Schedule of off-street parking
  space requirements.
• Coffee Shop requires 1 spot for every 50 sq feet
  of customer floor space
• Retail specialty requires 1 spot for every 200 sq
  feet of retail space

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Density and Dimensional Regulations

• Section 34.35.5 Density and dimensional
  regulations.
• Building Setback Requirements.
• a. Minimum Right-of-way Setback. Except as
  provided for in Article 5, "Supplementary
  Regulations," Division 34-55, no building shall
  be located within thirty-five (35) feet of a
  street right-of-way, unless no parking areas are
  located between the street right-of-way and any
  principal or accessory building. Under these
  conditions, the minimum setback may be reduced to
  fifteen (15) feet.
• b. Minimum Property Line Setback. No building
  setback is required from a property line, other
  than a right-of-way line, except where a lot
  abuts a residential district or abuts an alley
  right-of-way which separates the lot from a
  residential district. Under these conditions, the
  minimum building setback requirement shall be
  fifteen (15) feet from the applicable property
  line(s). Also see Article 5, "Supplementary
  Regulations," Division 34-60, for screening
  requirements. Where a property line setback is
  not required, but a building is set back off the
  property line, then it shall be set back at least
  five feet.
• Modification of Property set back
• Ordinance specifically calls for set back
  modifications to be addressed through conditional
  use permits instead of variances.
• Impact to adjacent residential use must be
  considered before set back modification will be
  allowed.

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3. The Zoning Process
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Issues

• Conditional Use permit for coffee shop
• (Specialty retail is a permitted use)
• Modification of set back requirement requires a
  conditional use permit

• Variance for the off street parking requirement

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Conditional Use permit

• Conditional uses are those types of uses which
  tend to be problematic because they (1) have a
  tendency to generate significant traffic volumes
  and/or turning movements, (2) have operational
  characteristics that may have a detrimental
  impact on adjacent or nearby properties, or (3)
  have other characteristics which may impact
  public health, safety, or welfare but can be
  approved if such uses meet the criteria
  established herein. In order to ensure that
  detrimental impacts are avoided or mitigated to a
  satisfactory level, conditional uses must be
  reviewed, approved and issued a Conditional Use
  Permit. www.ucitymo.org/planning

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Applying for a conditional use permit.

• Required Application Materials
• Application
• Memo describing property, proposed use, impact to
  adjacent properties
• Site plan and Artists rendering

• Required Procedures
• Public hearing with planning commission
• Notice to general public (publication in
  newspaper)
• Notice to residents within a 185 foot radius (by
  mail)
• Staff report by Zoning Administrator

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Approving a conditional use permit

• The Planning Commission can recommend to the City
  Council to grant a conditional use permit if it
  finds the proposed use
• 1. Complies with all applicable provisions of the
  Zoning Code
• 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
• 4. Is consistent with the Comprehensive Plan,
  neighborhood development plan (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 7 of the Zoning Code.
• The City Council can then approve, deny or modify
  the conditional use permit after considering the
  Planning Commissions recommendations. The
  Council can also table the application and ask
  the Planning Commission for further study.

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Why the City Council should approve the
conditional use permit application to allow a
coffee shop

• While conformity with other zoning and off-street
  parking requirements will depend on approval of
  variances, the nature of the proposed project
  will benefit the welfare of the immediate area.
  It will provide convenient amenities to residents
  of neighboring dense residential developments and
  will not negatively affect property values.
  Moreover, the proposed project is consistent with
  the comprehensive plan and will aesthetically
  blend with the surrounding community.

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Why the City Council should approve a conditional
use permit to modify the set back requirement

• The zoning ordinance requires a 15 foot set back,
  but the proposed project only has room for a 10
  foot setback.
• However, our 10 foot set back will be buffered
  with evergreen trees, reducing any impact to
  neighboring residential uses. The screening is
  otherwise in conformity with the screening
  requirements between residential and
  non-residential uses.

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Variances

• Variance is a "variation" from the requirements
  of the Zoning Code for a certain type of
  construction or use. Variances are granted by the
  Board of Adjustment (a panel of University City
  residents) and are discretionary types of relief
  granted to property owners when they cannot meet
  the minimum requirements of the Zoning Code.
  Variances are only granted in special situations
  (see Section VI. Standards for Granting
  Variances). They should be viewed only as a last
  resort option. Variances basically allow the
  recipient to be permitted to violate a city
  zoning ordinance while all other citizens must
  still be required to abide by it. That is why
  Variances should only be granted when conditions
  at the subject property are so unusual and
  atypical that they warrant such special
  treatment. www.ucitymo.org/planning

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Applying for a variance

• Required Application Materials
• Application
• Memo describing proposed project and potential
  impact of granting the variance
• Site Plan
• Any additional information requested by the
  Zoning Administrator

• Required Procedures
• Public hearing before the Board of Adjustment
• Notice to general public (newspaper)
• Notice to neighbors within a 185 foot radius
  (mail)

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Standards for approving a variance

• Section 34-142.4 requires that the Board of
  Adjustment shall not grant a Variance unless it
  shall, in each case, make specific written
  findings of fact directly based upon the
  particular evidence presented to it that support
  the following conclusions
• 1. The Variance requested arises from a condition
  which is unique to the property in question and
  which is not ordinarily found in the same zoning
  district, and is not created by an action or
  actions of the property owner or the applicant
• 2. The strict application of the provisions of
  the Zoning Code from which a Variance is
  requested will constitute unnecessary hardship
  upon the property owner represented in the
  application
• 3. The Variance requested will not adversely
  affect the adjacent properties or public health,
  safety, order, convenience, or general welfare of
  the community and
• 4. Granting the Variance desired will not violate
  the general spirit and intent of the Zoning Code.
• The burden of proof is on the applicant to show
  all of these criteria are satisfied.

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Standards for approving a variance, cont.

• In determining whether the evidence presented
  supports the findings required on the previous
  slide (by Section 34-142.4), the Board of
  Adjustment shall consider the extent to which the
  evidence demonstrates that
• 1. The particular physical surroundings, shape,
  or topographical condition of the property
  involved would result in a practical difficulty
  or unnecessary hardship upon or for the owner,
  lessee, or occupant, as distinguished from an
  inconvenience, if the provisions of the Zoning
  Code were literally enforced
• 2. The request for a Variance is not based
  primarily upon the desire of the owner, lessee,
  occupant or applicant to secure a greater
  financial return from the property
• 3. The granting of the Variance will not be
  materially detrimental or injurious to other
  property or improvements in the neighborhood in
  which the property is located and
• 4. The proposed Variance will not impair an
  adequate supply of light or air to adjacent
  property, substantially increase the congestion
  in the public streets, increase the danger of
  fire, endanger the public safety, or
  substantially diminish or impair property values
  within the neighborhood.

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Off street parking variance

• Zoning ordinance requires
• 1 spot for every 50 sq feet of customer space in
  the coffee shop
• 1 spot for every 200 sq feet of retail floor
  space for retail specialty uses

• Proposed project allows only limited employee off
  street parking

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Why the Board of Adjustment should grant a
variance

• 1. Strict application of the zoning ordinance
  would constitute hardship on the property owner
  because the lot is too small to develop in an
  economically viable way and still meet parking
  requirements.
• 2. The requested variance will not negatively
  affect adjacent properties and will actually be a
  community asset to the neighboring residents.
• 3. The current on street parking facilities
  (along Delmar and North South) are adequate to
  provide for site-generated parking needs without
  substantially increasing congestion.

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If all else failsamend the zoning code.