Maryland Heights, MO

Overview

The purpose of the Conceptual Development Plan (CDP) process is to identify, at the conceptual development phase, the consistency of the proposed planned district with the Comprehensive Plan and the Zoning Code. This stage is intended to provide guidance to the applicant early in the zoning process to avoid undue expense or time delay.

Process

1. Pre-Application Conference

The first step in the CDP process is a pre-application conference with the applicant and the City Planner. The purpose of a pre-application conference is to provide an opportunity for an informal evaluation of the applicant’s proposal and to familiarize the applicant with the applicable provisions of the Zoning Code, the Comprehensive Plan, infrastructure requirements, and any other issues that may affect the project. To schedule a pre-application conference, contact a Planner by phone at (314) 291-6550 or via e-mail.

In order to apply for a Planned District, the applicant must be the owner of record or owner under contract of the proposed site. If the site is in multiple ownership, all owners must apply. The authorized representative of the owner or owners also has standing to apply for a Planned District.

2. Application Submittal

Subsequent to the pre-application conference, the applicant submits the required items below (electronic copies preferred, but paper copies may be required).  Within 7 days, the applicant will be notified whether or not the application is complete. If the submittal is incomplete, the applicant has 30 days to re-submit or notify the City Planner of a pending re-submittal.  The following items are required:

• Application Form.  Click here for the interactive .PDF application form.
• Fee of $800.
• Conceptual Development Plan.  The Conceptual Development Plan is intended to be a basic plan which depicts the general layout of the site proposed. More complex engineered plans, on the other hand, may comprise the subsequent Preliminary Development Plan submittal.
• Narrative.  A written narrative of the overall development proposal that demonstrates consistency with the Comprehensive Plan.
• Development Schedule.  A table identifying each land use category, total land area of each use, percentage of each land use category, gross floor area, and percentage of open space.
• Transportation Report.  A report that examines, at a basic narrative level, why the plan is consistent with the Transportation element of the Comprehensive Plan.
• Stormwater Management Report.  A report that explains, at a basic narrative level, why the plan is consistent with either the Stormwater Management Plan for the Howard Bend Planning Area or standards established by the Metropolitan St. Louis Sewer District as applicable.

3. Consistency Review

Once the application has been deemed complete, the City Planner will make a finding (within 30 days) as to whether the proposed CDP is consistent, not inconsistent, or inconsistent with the following review criteria designated by the Planned District regulations of the Zoning Code:

• The Comprehensive Plan, including the goals and policies of the planning area and/or district where the property is located, and any other plan or program of the City adopted under the general guidance of the Comprehensive Plan;
• The purpose, intent and design goals of any of the zoning and/or planning districts serving as the basis for the plan; and
• The design standards contained within the Zoning Code that are applicable to the site. Where alternative site standards are proposed, they shall require clear evidence that they do an equal or better job of meeting the design standards contained in the Zoning Code.

The City Planner's report will then be transmitted to the applicant, who has 15 days to request a public hearing, request a 30-day extension to revise the plan, or withdraw the request

4. Public Notification

In order to schedule a public hearing, proper public notification is required.

The City produces a public notice which includes the date, time, and location of the public hearing, a location map identifying the site, the name and address of the applicant or their representative, and a description of the requested zoning procedure, which shall be used for notification and publication. The City publishes the notice of public hearing in the newspaper not less than 15 days and not more than 30 days prior to the hearing and obtains proof of such publication. The City also posts a sign on the site and mails a notice to property owners within 300 feet of the site.

5. Public Hearing

The applicant is required to present the case before the Planning Commission at the hearing, which should include presentation of any supporting materials, an explanation of the development proposal, and justification of the request. In presenting the application, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the burden of proof criteria.

The public hearing can be broken down into several components: First, the City Planner will introduce the application providing an overview of the project location, rezoning request and the planning issues to be addressed at the public hearing. Second, the applicant and/or his consultants will present the proposal for their case. Third, if a traffic analysis was required, the applicant's and/or City's traffic consultant will present their preliminary findings to the Planning Commission.

Upon completion of the presentation, the Commission Chair will open the hearing for both comments and questions from the public as well as the Planning Commission. See Applicant Presentations for additional guidance on making a presentation to the Planning Commission.

6. Planning Commission Action

The Planning Commission will take action on the Conceptual Development Plan within 30 days of the closure of the public hearing, sometimes as soon as the night of the hearing, and will validate their decision with the adoption of a resolution, which will be transmitted to the City Council. If the Planning Commission approves the CDP, the applicant then moves to the Preliminary Development Plan stage of the process. If the Planning Commission denies the CDP, the applicant has the option of appealing to the City Council within 10 days of the Commission’s decision.

7. Next Steps

Once the Conceptual Development Plan has been approved, the next step in the Planned District process is the review and approval of the Preliminary Development Plan.

Overview

The Preliminary Development Plan (PDP) depicts the proposed development in greater detail and is used to form the basis of the development standards for the Planned District.

Process

1. Application Submittal

When the applicant submits the required items (see below), the applicant will be notified within 7 days whether or not the application is complete for hearing. If the submittal is incomplete, the applicant has 30 days to re-submit or notify the City Planner of a pending re-submittal.  The following items must be submitted (electronic copy preferred, although staff may require paper copies):

• Application Form.  Click here for the interactive .PDF application form.
• Fee of $700.  Amendments to existing PDPs are $500 and minor modifications to existing PDPs are $400.
• Preliminary Development Plan.  A plan which includes:
• Legal description of property.
• The location of all existing or proposed structures relative to existing or proposed lot lines.
• The location of the tract in relation to the surrounding area.
• All existing and proposed streets, roads, and approximate location of wet and dry weather watercourses, floodplain areas, sinkholes, wetlands, and other significant physical features within the tract and within one hundred fifty (150) feet thereof.
• A north arrow and graphic scale.
• Direction of and approximate distance to nearest existing major street intersection.
• An outboundary plat of the tract with a land surveyor's seal.
• Existing and proposed contours at vertical intervals of not more than two (2) feet referred to sea level datum. Floodplain and wetland areas shall be delineated.
• A minimum of two (2) cross section profiles through the site showing preliminary building form, existing natural grade, and proposed final grade.
• Proposed ingress and egress to the site, including adjacent streets.
• The location and number of all parking and loading spaces.
• Preliminary plan for provision of public utilities, including sanitary sewer, water, electric, natural gas and telephone.
• A preliminary grading and drainage plan, demonstrating conformance with stormwater management design standards.
• Other detailed information and data as deemed necessary by the City Planner.
• Narrative.  A written narrative that explains how the Preliminary Development Plan addresses the issues identified in the City Planner’s Consistency Review and/or the conditions included in the Planning Commission’s resolution approving the Conceptual Development Plan, explains and justifies any specific modifications from the approved Conceptual Development Plan, and explains and justifies any modifications requested from the standards of the Zoning Code.
• Development Schedule.  A table identifying the mix of uses, the types of buildings, and amounts of open space, buildings, and parking expressed in both gross floor area and percentage of total development.
• Traffic Impact Study.  The City Planner determines whether a traffic impact analysis is required. An analysis is required for all Motor Vehicle Oriented Businesses. The specific requirements of the analysis are determined by the City Planner with technical review by the City Engineer, if needed. The applicant's traffic analysis is subject to the review of the City's traffic consultant. The applicant is responsible for the cost of the review by the City’s traffic consultant.
• Open Space Plan.  A plan which includes conceptual landscaping and open/public space design. The specificity of the Open Space Plan is largely dependent on the scope of the project. For more basic or compact projects, a complete landscape plan may be required to evaluate the type/quantity of proposed plant material.
• Building Rendering.  At least one artistic concept rendering or illustration of each typical building type and how it will relate to streetscapes and open spaces. This can include renderings, illustrations, photographic exhibits, or models.
• Communications with Agencies.  A report detailing all communications and/or meetings held with any agencies, including City departments, which have jurisdiction over, or provide services to, the site including the status of any applications filed with said agencies. This can include a document summarizing all agency communications and/or a copy of each correspondence.

2. Public Notification

In order to schedule a public hearing, proper public notification is required.  The City produces a public notice which includes the date, time, and location of the public hearing, a location map identifying the site, the name and address of the applicant or their representative, and a description of the requested zoning procedure, which shall be used for notification and publication. The City publishes the notice of public hearing in the newspaper not less than 15 days and not more than 30 days prior to the hearing and obtains proof of such publication. The City also posts a sign on the site and mails a notice to property owners within 300 feet of the site.

3. Public Hearing

The applicant is required to present the case before the Planning Commission at the hearing, which should include presentation of any supporting materials, an explanation of the development proposal, and justification of the request. In presenting the application, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the burden of proof criteria.

The public hearing can be broken down into several components: First, the City Planner will introduce the application providing an overview of the project location, rezoning request and the planning issues to be addressed at the public hearing. Second, the applicant and/or his consultants will present the proposal for their case. Third, if a traffic analysis was required, the city traffic consultant will present their preliminary findings to the Planning Commission.

Upon completion of the presentation, the Commission Chair will open the hearing for both comments and questions from the public as well as the Planning Commission. See Applicant Presentations for additional guidance on making a presentation to the Planning Commission.

4. City Planner Review and Findings

Upon closure of the public hearing, the application is referred back to the City Planner to prepare findings on the requested Planned District. These findings must be submitted to the Planning Commission within 30 days of hearing closure. The City Planner issues a report, and if the finding is positive, a draft ordinance for the Planning Commission’s consideration is included.

5. Planning Commission and City Council Action

Within 60 days of receipt of the City Planner’s report, the Planning Commission will take action on the Planned District. The Planning Commission may recommend approval of the request as submitted, may recommend amendments or may deny the request. In recommending approval of development conditions, the Planning Commission shall impose such conditions it determines necessary. If the Planning Commission denies the request, the applicant has the option of appealing to the City Council within 10 days of the Commission’s decision. 

If the Planning Commission recommends the Planned District, the City Council will take action within 60 days of receipt of the Commission's recommendation. The recommendation of the Planning Commission shall be placed on the next available Council agenda, unless the applicant requests the matter to be deferred to another agenda. The City Council may approve the Planned District by a majority vote, approve the request with amendments by a two-third majority vote or deny the request.

7. Next Step

Once the Preliminary Development Plan is approved, the next step in the process is the review and approval of the Final Development Plan.

Overview

Once the Preliminary Development Plan is approved, the applicant may submit the Final Development Plan along with the other required items. The City Planner will review the Final Development Plan and supporting items and request modifications, if necessary. The City Planner will approve the Final Development Plan once it meets all criteria. The applicant is then responsible for recording the Final Development Plan with the St. Louis County Recorder of Deeds. The plan must include this script. 

Submittal Requirements

• Application Form.  Click here for the interactive .PDF application form. 
• Fee.  The fee currently established by the City Council for a Final Development Plan application is $150.
• Final Development Plan.  A plan which includes: All information required on the Preliminary Development Plan, any additional information required by the Planned District ordinance, and other detailed information and data as deemed necessary by the City Planner.
• Narrative.  A written narrative which explains how and why the plan conforms with the Preliminary Development Plan, including all associated development guidelines approved with the Preliminary Development Plan.

Pre-Meeting Preparation:

• The City will provide the means to electronically project the presentation, typically in a PowerPoint format.
• If the applicant wishes to use this approach, they must provide the presentation to the assigned project manager by either e-mail, flash drive or CD. Potential issues with compatible format should be addressed prior to the meeting (no later than 2:00 p.m. the day of the hearing).
• The applicant may also utilize the electronic slides prepared by the City Planner in his introduction.
• If the applicant needs easels for displaying mounted plans, they should be requested prior to the public hearing (two easels can be furnished by the City).

General Guidelines: 

• Be brief and concise. Use only the amount of time necessary to clearly state the facts related to the request. While the Planning Commission does not set a specific limit on the length of the presentation, typically the presentation should not exceed 20 minutes.
• Avoid repetition. If you want to have other people speak on behalf of your request, each should have something to contribute for consideration of your case. It is preferable to have one spokesman, if possible, with others available to help answer questions and provide technical information.
• Address the Zoning Criteria. Describe anticipated impacts, negative and positive, of the request and proposed use on existing development and public facilities.
• Explain what efforts (and results of meetings, if any were held) have been made between the applicant and nearby property owners to discuss the application.

Points of Emphasis:

• Remember, this is your primary opportunity to make your case for approval. Using the Project Narrative or the Burden of Proof as a presentation guideline may be helpful. It is your responsibility to demonstrate consistency with the Comprehensive Plan and conformance with zoning requirements and/or design standards.
• Addressing the Public: You will be afforded the opportunity to address any questions or comments from the public. Typically the Chairman waits until all public comments are made before inviting you to respond. Address your comments to the Planning Commission, not the individual. Cross-examination is not appropriate.