Land Development

Project

Land Use Law

Spring 2004
Mark Spykerman
 Land Development Project
1. The Proposal
2. The Current Zoning
3. The Zoning Process
1. The Proposal
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
 Location
 Vacant gas station
at southeast corner
of Delmar at North
& South.
 Located in
University City, ½
mile north of
downtown Clayton
 The neighbors
 Commercial Uses
directly South (dry
cleaner)

 Commercial Uses
at all corners of the
intersection.
 The neighbors, con’t.
 High Density
Residential (Zoned
HR) on North &
South

 Medium Density
residential (MR)
along Delmar
2. The Current Zoning
University City Zoning Map
Proposed Project’s Current Zoning:
Limited Commercial
 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
 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.
3. The Zoning Process
 Issues
 Conditional Use  Variance for the
permit for coffee off street parking
shop requirement
– (Specialty retail is a
permitted use)
 Modification of set
back requirement
requires a
conditional use
permit
 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
 Applying for a conditional use
permit.
 Required Application  Required Procedures:
Materials: – Public hearing with
– Application planning commission
– Memo describing – Notice to general public
property, proposed use, (publication in
impact to adjacent newspaper)
properties – Notice to residents
– Site plan and Artist’s within a 185 foot radius
rendering (by mail)
– Staff report by Zoning
Administrator
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
Commission’s recommendations. The Council can also
table the application and ask the Planning Commission for
further study.
 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.
 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.
 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
 Applying for a variance
 Required Application  Required
Materials: Procedures:
– Application – Public hearing
– Memo describing before the Board of
proposed project and Adjustment
potential impact of – Notice to general
granting the variance public (newspaper)
– Site Plan – Notice to neighbors
– Any additional within a 185 foot
information radius (mail)
requested by the
Zoning Administrator
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.
 Standards for approving a
variance, con’t.
 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.
 Off street parking variance
 Zoning ordinance  Proposed project
requires: allows only limited
– 1 spot for every 50 employee off street
sq feet of customer parking
space in the coffee
shop
– 1 spot for every
200 sq feet of retail
floor space for retail
specialty uses
 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.
If all else fails…amend the
zoning code.