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BULLET St. Louis City Ordinance 64832

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FLOOR SUBSTITUTE
BOARD BILL NO. [99] 233

INTRODUCED BY ALDERMAN ALFRED WESSELS, KENNETH ORTMANN, CRAIG SCHMID

An ordinance designating portions of the City of St. Louis as Preservation Review Districts.

WHEREAS, the Board of Aldermen of the City finds and declares that portions of the City of St. Louis contain a stock of well designed and marketable residential and commercial buildings which are characterized by certain unique architectural styles and quality construction and that such evaluation of these is a legitimate function of the Cultural Resources Office in performing their duties under the City Code;

WHEREAS, this building stock imparts a distinct and distinguished appearance to St. Louis which is of benefit to residents and attractive to visitors;

WHEREAS, often unnecessary demolitions erode the area’s building stock and contribute to a degradation of property values of adjacent properties;

WHEREAS, adaptive reuse of residential and commercial buildings in St. Louis has often proved to be an economically feasible and profitable alternative to demolition;

WHEREAS, in many cases the design of proposed new construction is not compatible with existing older buildings; and that such evaluation is a legitimate function of the Cultural Resources Office in performing their duties under the City Code.

WHEREAS the Cultural Resources Office and the Preservation Board have conducted an assessment of the proposed districts as required by Ordinance 64689 and the Cultural Resources Office has prepared a Map of Cultural Resources for the portions of the City of St. Louis identified by the boundaries of the proposed Preservation Review Districts; and

WHEREAS, Public Notice has been provided to the residents and property owners of the area;

WHEREAS, this Board of Aldermen hereby finds that passage of this ordinance is in the best interest of the City of St. Louis and that residential and commercial property owners and tenants in the proposed Preservation Review Districts will benefit by establishment of a Preservation Review District and the conservation of the built environment in said Preservation Review District.

BE IT ORDAINED BY THE CITY OF ST. LOUIS AS FOLLOWS:

SECTION ONE. Preservation Review Districts are hereby established for the areas of the City of St. Louis described in Exhibit A.

SECTION TWO. Whenever an application is made for a permit to demolish a structure within those areas depicted in Appendix A, the Building Commissioner shall submit a copy of such application to the Alderman in whose ward the structure is located within three (3) working days after such application is received by his office. In addition to satisfying all other existing requirements and except in emergency situations, the Building Commissioner shall also submit a copy of such application to the Cultural Resources Office of the Planning and Urban Design Agency within three (3) working days after said application is received by his office.

SECTION THREE. Demolition permit - Review - Approval.

The Office or Board shall have forty five working days after receipt of a copy of a fully completed application to review same as hereinafter provided and advise the Building Commissioner in writing of their decision. Failure to notify the Building Commissioner in writing by the end of such period of forty five working days shall constitute an approval of such application.

SECTION FOUR. Demolition permit - Application plans.

A. Notwithstanding the provisions of any ordinance to the contrary, any Applicant shall submit with his demolition permit application plans for any proposed use of the site of the structure after demolition which shall include:

1. Current and proposed site plans showing all existing and proposed construction to scale;

2. Landscape plans;

3. Elevation facing streets or parks of all proposed or renovated structures, or existing structures to remain, to scale;


B. Any Applicant shall also submit 35mm photographic prints, 3" x 5" minimum, focused and exposed to show all visible facades, door and window openings and any architectural ornamentation.


SECTION FIVE. Demolition permit - Board decision.

All demolition permit application reviews pursuant to this chapter shall be made by the Director of the Office who shall either approve or disapprove of all such applications based upon the criteria of this ordinance. All appeals from the decision of the Director shall be made to the Preservation Board. Decisions of the Board or Office shall be in writing, shall be mailed to the applicant immediately upon completion and shall indicate the application by the Board or Office of the following criteria, which are listed in order of importance, as the basis for the decision:

A. Redevelopment Plans. Demolitions which would comply with a redevelopment plan previously approved by ordinance or adopted by the Planning and Urban Design Commission shall be approved except in unusual circumstances which shall be expressly noted.

B. Architectural Quality. Structure's architectural merit, uniqueness, and/or historic value shall be evaluated and the structure classified as high merit, merit, qualifying, or noncontributing based upon: Overall style, era, building type, materials, ornamentation, craftsmanship, site planning, and whether it is the work of a significant architect, engineer, or craftsman; and contribution to the streetscape and neighborhood. Demolition of sound high merit structures shall not be approved by the Office. Demolition of merit or qualifying structures shall not be approved except in unusual circumstances which shall be expressly noted.

C. Condition. The Office shall make exterior inspections to determine whether a structure is sound. If a structure or portion thereof proposed to be demolished is obviously not sound, the application for demolition shall be approved except in unusual circumstances which shall be expressly noted. The remaining or salvageable portion(s) of the structure shall be evaluated to determine the extent of reconstruction, rehabilitation or restoration required to obtain a viable structure.

1. Sound structures with apparent potential for adaptive reuse, reuse and or resale shall generally not be approved for demolition unless application of criteria in subsections A, D, F and G, four, six and seven indicates demolition is appropriate.

2. Structurally attached or groups of buildings. The impact of the proposed demolition on any remaining portion(s) of the building will be evaluated. Viability of walls which would be exposed by demolition and the possibility of diminished value resulting from the partial demolition of a building, or of one or more buildings in a group of buildings, will be considered.


D. Neighborhood Effect and Reuse Potential.

1. Neighborhood Potential: Vacant and vandalized buildings on the block face, the present condition of surrounding buildings, and the current level of repair and maintenance of neighboring buildings shall be considered.

2. Reuse Potential: The potential of the structure for renovation and reuse, based on similar cases within the City, and the cost and extent of possible renovation shall be evaluated. Structures located within currently well maintained blocks or blocks undergoing upgrading renovation will generally not be approved for demolition.

3. Economic Hardship: The Office shall consider the economic hardship which may be experienced by the present owner if the application is denied. Such consideration may include, among other things, the estimated cost of demolition, the estimated cost of rehabilitation or reuse, the feasibility of public or private financing, the effect of tax abatement, if applicable, and the potential for economic growth and development n the area.


E. Urban Design. The Office shall evaluate the following urban design factors:

1. The effect of a proposed partial demolition on attached or row buildings.

2. The integrity of the existing block face and whether the proposed demolition will significantly impact the continuity and rhythm of structures within the block.

3. Proposed demolition of buildings with unique or significant character important to a district, street, block or intersection will be evaluated for impact on the present integrity, rhythm, balance and density on the site, block, intersection or district.

4. The elimination uses will be considered; however, the fact that a present and original or historic use of a site does not conform to present zoning or land use requirements in no way shall require that such a nonconforming use to be eliminated.


F. Proposed Subsequent Construction. Notwithstanding the provisions of any ordinance to the contrary, the Office shall evaluate proposed subsequent construction on the site of proposed demolition based upon whether:

1. The applicant has demonstrated site control by ownership or an option contract;

2. The proposed construction would equal or exceed the contribution of the structure to the integrity of the existing streetscape and block face. Proposal for creation of vacant land by demolition(s) in question will be evaluated as to appropriateness on that particular site, within that specific block. Parking lots will be given favorable consideration when directly adjoining/abutting facilities require additional off-street parking;

3. The proposed construction will be architecturally compatible with the existing block face as to building setbacks, scale, articulation and rhythm, overall architectural character and general use of exterior materials or colors;

4. The proposed use complies with current zoning requirements;

5. The proposed new construction would commence within twelve (12) months from the application date.


G. Commonly Controlled Property. If a demolition application concerns property adjoining occupied property and if common control of both properties is documented, favorable consideration will generally be given to appropriate reuse proposals. Appropriate uses shall include those allowed under the current zoning classification, reuse for expansion of an existing conforming, commercial or industrial use or a use consistent with a presently conforming, adjoining use group. Potential for substantial expansion of an existing adjacent commercial use will be given due consideration.

H. Accessory Structures. Accessory structures (garages, sheds, etc.) and ancillary structures will be processed for immediate resolution. Proposed demolition of frame garages or accessory structures internal to commercial or industrial sites will, in most cases, be approved unless that structure demonstrates high significance under the other criteria listed herein, which shall be expressly noted.


SECTION SIX. Application - Evaluation - Validity of approval or denial.

Approvals or denials of applications hereunder shall be valid only for the owner shown on the demolition application.. The Office may refer any application to the Board for initial evaluation and decision hereunder. In performing its evaluation of any application hereunder, the Office may request further information from an Applicant or owner, make site visits or photographs, consult or obtain from public or private sources any information pertinent to its evaluation, and may consider the views of owners of property adjacent to the structure, of nonprofit neighborhood associations for the area in which the structure is located, or of established architectural preservation organizations. Any information so obtained and any communications received by the Board and Office concerning any application shall be summarized in the Board or Office's decision.

SECTION SEVEN. Denial - Proposed subsequent construction. If the denial of an application is based on criterion (F), "Proposed Subsequent Construction," the Board or Office shall expressly so indicate in its decision. In such event the Applicant may, within ten (10) days after the date of mailing of such decision by the Office, notify the Board or Office as the case may be in writing that he wishes a "design conference." Such notification shall suspend the decision of the Board or Office for sixty-five working days, during which time the Applicant and the Commissioner Office shall endeavor for up to sixty working days to arrive at a satisfactory proposal for subsequent construction. No later than the sixty-fifth working day from the date of notification by the applicant under this section, the Board or Office shall issue a supplemental decision on the application.

SECTION EIGHT. Appeals.

Any applicant or current owner of a structure may appeal an initial decision of the Office hereunder to the Board by filing a written notice of such appeal with the Office within fifteen days after the date of mailing of such decision by the Office. The Office shall immediately refer any application which is the subject of such an appeal, and the Office's entire file thereon, to the Board for hearing and resolution, based on the criteria set out in this chapter. Requests or applications to the Board for reconsideration of any such appeal shall not be permitted. The Board shall issue its decision on applications appealed under this section by the sixtieth working day following receipt of the application by the Office. Any such appeal shall be deemed and conducted as a contested case within the meaning of Chapter 536, RSMo., as amended, and shall be appealable and reviewable as in such chapter provided. The Office is hereby authorized to appeal any decision of the Board.

SECTION NINE. Demolition permit approval - Effect of prior legal actions.

No demolition permit, except in emergency situations, shall be issued by the Building Commissioner unless it has been approved as provided in this chapter. Any act done or right vested or accrued, or any proceeding, suit or prosecution had or commenced in any cause before the effective date of this ordinance; but every act done, or right vested or accrued, or proceeding, suit or prosecution had or commenced shall remain in full force and effect to all intents and purposes as if the prior law had remained in full force and effect. No offense committed and no liability, penalty or forfeiture either civilly or criminally incurred prior to the effective date of this ordinance, shall be discharged or affected by this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeds with in all respects as if this ordinance had not taken effect.

SECTION TEN. Administration.

This chapter shall be administered by the Office, which may, with the approval of the Board, issue regulations consistent herewith to facilitate such administration. Copies of any such regulations shall be made available for the public in the office of the Board and furnished to the Building Commissioner.

EXHIBIT A

PRESERVATION REVIEW DISTRICT ONE

Beginning at the intersection of the Mississippi River and the centerline of the eastern prolongation of Palm, and proceeding along the centerlines in a generally clockwise direction west to the Mark Twain Expressway, north to Newhouse, west to Twentieth, north to Ferry, west to Strodtman, north to Bissell, east to Blair, west to Grand, east to the Mark Twain Expressway, northwest to West Florissant, northwest to Riverview, north to the railroad tracks, west to Goodfellow, north to Switzer, east to Oxford Lane, north to Goodfellow, northeast to Veronica, east to Northcrest, north to the northern City limits, east and north and east along the City limits to the Mississippi River, and southeast to the point of beginning.

PRESERVATION REVIEW DISTRICT TWO

Beginning at the intersection of the centerlines of Palm and Twenty-First, and proceeding along the centerlines in a generally clockwise direction west to Natural Bridge, west to Farrar southwest to Palm, west to Glasgow, south to Sullivan, west to Grand, south to St. Louis, west to Prairie, north to Greer, west to Vandeventer, north to Fairgrounds Park, through Fairgrounds Park along the road to Prairie, north to Penrose, west to Clay, north to Rosalie, northwest to Adelaide, northeast to West Florissant, northwest to the Mark Twain Expressway, southeast to Grand, southwest to Blair, southeast to Bissell, southwest to Strodtman, southeast to Ferry, northeast to Twentieth, south to Newhouse, east to the Mark Twain Expressway, southeast to Destrehan, southwest to Twenty-First, and southeast and south to the point of beginning.

PRESERVATION REVIEW DISTRICT THREE

Beginning at the intersection of the centerlines of Dr. Martin Luther King and Tucker and proceeding along the centerlines in a generally clockwise direction south to Market, west to Fourteenth, south to Park, west to Dolman, south along Dolman and its southern prolongation to the eastward prolongation of Interstate 44, west along said prolongation and Interstate 44 to Jefferson, north to Lafayette, west to Nebraska, south to Magnolia, west to Grand, north to Chouteau, east to Compton, north to Laclede, west to Channing, north to Olive, east to Leffingwell, north to Dr. Martin Luther King, and east to the point of beginning.

PRESERVATION REVIEW DISTRICT FOUR

Beginning a t the intersection of the centerlines of the eastern prolongation of Morgan Street and the Mississippi River, and proceeding along the centerlines in a generally clockwise direction south to Poplar, east to Tucker, north to Convention Center Plaza, and east to the Mississippi River along Convention Center Plaza and Morgan Street to the point of beginning.

PRESERVATION REVIEW DISTRICT FIVE

Beginning at the intersection of the centerlines of Grand and Magnolia, and proceeding along the centerlines in a generally clockwise direction west to Kingshighway, south to Arsenal, west to Brannon, north to Southwest, northeast to Kingshighway, north to Interstate 44, east to Tower Grove, north to Blaine, east to 39th, north to Park, east to Grand, and south to the point of beginning.

PRESERVATION REVIEW DISTRICT SIX

Beginning at the intersection of the centerline of the eastern prolongation of Utah and the Mississippi River and proceeding along the centerlines in a generally clockwise direction west to Broadway, south to Utah, west to Ninth, south to Utah, west to Lemp, south to the alley between Cherokee and Potomac, west along the alley and its western prolongation to Jefferson, north to Cherokee, west to Compton, south to Potomac, west to Grand, north to Magnolia, east to Compton, south to Pestalozzi, east to Jefferson, north to Sidney, east to Eleventh, north to Victor, east to Seventh Street, north to Barton, east along Barton and its eastern prolongation to the Mississippi River, and south to the point of beginning.

PRESERVATION REVIEW DISTRICT SEVEN

Beginning at the intersection of the centerline of the eastern prolongation of Mount Pleasant and the Mississippi River and proceeding along the centerlines in a generally clockwise direction west to Broadway, north to California, north on California to Gasconade, west to Minnesota, north to Osage, west to Grand, north to Potomac, east to Compton, north to Cherokee, east to Jefferson, south to the western prolongation of the alley between Cherokee and Potomac, east along said prolongation and the alley to Lemp, north to Utah, east to Ninth, north to Utah, east to Broadway, north to Utah, and southeast along Utah and its eastern prolongation to the Mississippi River and south to the point of beginning.

PRESERVATION REVIEW DISTRICT EIGHT

Beginning at the intersection of the southern City limits and the Mississippi River, proceeding along the centerlines generally in a clockwise direction west and north to the railroad tracks, northeast to the River Des Peres, northwest to the Ozark Expressway, northeast to Koeln, west to Grand, north to Loughborough, east to Grand Drive, north through Carondelet Park to the road immediately south of Holly Hills, west to the southern prolongation of Livingston Drive, north to Bowen, east to Arendes, north to Wilmington, east to Grand, north to Bates, east to Idaho, north to Eiler, east to Alabama, north to Delor, east to Virginia, north to Delor, east to the Ozark Expressway, north to Broadway, south to Mt. Pleasant, east along the eastern prolongation of Mt. Pleasant to the Mississippi River, and south to the point of beginning.

PRESERVATION REVIEW DISTRICT NINE

Beginning at the intersection of the railroad tracks and the southern City limits, proceeding west and north along The City limits in a generally clockwise direction to the western prolongation of Loughborough, east to Hampton, north to Holly Hills, east to Carlsbad, north to Federer, east to Morganford, south to Holly Hills, east to Leona, south to Loughborough, east to Grand south to Koeln, east to the Ozark Expressway, southwest to the River Des Peres, southeast to the railroad tracks and southwest to the point of beginning.

PRESERVATION REVIEW DISTRICT TEN

Beginning at the intersection of the centerlines of Loughborough and Grand and proceeding along the centerlines in a generally clockwise direction west to Leona, north to Holly Hills, west to Morganford, north to Bates, west to Gravois, northeast to Morganford, southeast to Walsh, east to Ray, north to Delor, east to Grand, north to Meramec, east to California, south to Broadway, south along Broadway to the Ozark Expressway, south to Delor, west to Virginia, south to Delor, west to Alabama, south to Eiler, west to Idaho, south to Bates, west to Grand, south to Wilmington, west to Amendes, south to Bowen, west to Livingston Drive, south along Livingston and its southern prolongation to the road through Carondelet Park south of Holly Hills Boulevard, east to Grand Drive, south to Loughborough, and west to the point of beginning.

PRESERVATION REVIEW DISTRICT ELEVEN

Beginning at the intersection of the centerlines of Sublette and Arsenal and proceeding along the centerlines in a generally clockwise direction east to Kingshighway, north to Magnolia, east to Grand, south to Dunnica, west to Gustine, north to Chippewa, west to Holt, north to Tholozan, west to Bent, north to Utah, west to Morganford, south to Fyler, west to Kingshighway, north to Fyler, west to Sublette, and north to the point of beginning.

PRESERVATION REVIEW DISTRICT TWELVE

Beginning at the intersection of the western City limits and Interstate 44 and proceeding east along the centerlines in a generally clockwise direction to Wabash, south to Lindenwood, east to McCausland, south to Bancroft, east to Chippewa, east to Macklind, south to Eichelberger, east to Kingshighway, south to Holly Hills, west to Hampton, south to Loughborough, west along Loughborough and its western prolongation to the city limits, and west and north to the point of beginning.

PRESERVATION REVIEW DISTRICT THIRTEEN

Beginning at the intersection of the centerlines of Kingshighwayand Lindell, and proceeding in a generally clockwise direction east along the centerlines to Taylor, north to Maryland, east to Boyle, south to West Pine, east to Sarah, south to Laclede, east to Spring, south to Market, east to Grand, north to the Forest Park Parkway, east to Compton, south to Chouteau, west to Grand, south to Park, west to 39th, south to Blaine, west to Tower Grove, south to Interstate 44, west to Kingshighway, north to the St. Louis & San Francisco Railway tracks, west to Hampton, north to Manchester, west to Graham, north to Oakland, east to the southern prolongation of Euclid, north to Barnes Hospital Plaza, west to Kingshighway, and north to the point of beginning.

PRESERVATION REVIEW DISTRICT FOURTEEN

Beginning at the intersection of the centerlines of Marcus and Leduc, and proceeding in a generally clockwise direction west to Euclid, south to Cote Brilliante, west to Kingshighway south to Cote Brilliante, west to Union, north to Lexington, west to Arlington, north to Natural Bridge, east to Union, north to Brown, east to Geraldine, south to Brown, east to Kingshighway, north to Penrose, northeast along the road through Penrose Park to Euclid, north to the Mark Twain Expressway, east to Shreve, northeast to West Florissant, east to the northeastern prolongation of Dryden, southwest and south to Lee, southwest to Cora, south to Margaretta, west to Marcus, and south to the point of beginning.

PRESERVATION REVIEW DISTRICT FIFTEEN

Beginning at the intersection of the western City limits and Interstate 44 and proceeding along the centerlines in a generally clockwise direction north to the Missouri Pacific Railroad tracks, northeast to Ellendale, south to Arsenal, east to the St. Louis and San Francisco Railway tracks, north to Southwest, east to Columbia, east to Clifton, south to Southwest, southeast to Hampton, south to Arsenal, east to Sublette, south to Fyler, west to Regal, south to Chippewa, west to Bancroft, west to McCausland, north to Lindenwood, west to Wabash, north to Interstate 44, southwest to the City limits, and north to the point of beginning.

PRESERVATION REVIEW DISTRICT SIXTEEN

Beginning at the intersection of the western City limits and the Daniel Boone Expressway and proceeding along the centerlines in a generally clockwise direction northeast to Oakland, east to Graham, south to Manchester, east to Hampton, south to the St. Louis and San Francisco railroad tracks, east to Kingshighway, south to Southwest, southwest to Brannon, south to Arsenal, west to Hampton, north to Southwest, west to Clifton, northwest to Columbia, south to Southwest, west to the St. Louis and San Francisco railroad tracks, southwest to Arsenal, west to Ellendale, north to the Missouri Pacific Railroad tracks, southwest to the City limits, and north to the point of beginning.

PRESERVATION REVIEW DISTRICT SEVENTEEN

Beginning at the intersection of the centerlines of Grand and Dunnica and proceeding along the center-lines in a generally clockwise direction south to Osage, east to Minnesota, south to Gasconade, east to California, south to Meramec, west to Grand, south to Delor, west to Gustine, north to the railroad tracks, northwest to Gravois, northeast to Meramec, northwest to Chippewa, west to Ridgewood, north to Beck, west to Kingshighway, south to Chippewa, west to Regal Place, north to Fyler, east to Kingshighway, south to Fyler, east to Morganford, north to Utah, east to Bent, south to Tholozan, east to Holt, south to Chippewa, east to Gustine, south to Dunnica, and east to the point of beginning.

PRESERVATION REVIEW DISTRICT EIGHTEEN

Beginning at the intersection of the centerlines of the Bi-State Metrolink Right-of-Way (formerly the Wabash Railroad tracks) and Maple and proceeding along the centerlines in a generally clockwise direction west to the City limits, northeast to Etzel, east to Page, southeast to Belt, north to Dr. Martin Luther King, east to Union, north to Cote Brilliante, east to Kingshighway north to Cote Brilliante, east to Euclid, north to Leduc, east to Marcus, south to Page, west to Union, south to the private alley between Delmar and Washington Terrace, west along said all alley and its westward prolongation to Clara, south to Kingsbury Place, west to DeBaliviere, south McPherson, west to Laurel, north to Washington, west along Washington and its westward prolongation to the southern prolongation of Hamilton, north to Delmar, west to the Bi-State Metrolink Right-of-Way (formerly the Wabash Railroad tracks), and northwest to the point of beginning.

PRESERVATION REVIEW DISTRICT NINETEEN

Beginning at the intersection of the centerline of Northcrest and the City limits and proceeding along the centerlines in a generally clockwise direction south to Veronica, west to Goodfellow, southwest to Oxford Lane, south to Switzer, west to Goodfellow, south to the railroad tracks, east to Riverview, south to West Florissant, southeast to Emerson, southwest to Lilian, northwest to Genevieve, southwest to the Mark Twain Expressway, west to the western City limits, and north and east along the City limits to the point of beginning.

PRESERVATION REVIEW DISTRICT TWENTY

Beginning at the intersection of Maple and the western City limits and proceeding along the centerlines in a generally clockwise direction east to the Bi-State Metrolink Right-of-Way (formerly the Wabash Railroad tracks), southeast to Delmar, east to Hamilton, south along Hamilton and its southward prolongation to the westward prolongation of Washington, east along said prolongation of Washington and Washington to Laurel, south to McPherson, east to De Baliviere, north to Kingsbury Place, east to Clara, north to the private alley between Washington Terrace and Delmar, east along said alley and its eastward prolongation to Union, north to Delmar, east to Kingshighway, south to Washington, east to Olive, southeast to Boyle, south to Maryland, west to Taylor, south to Lindell, west to Kingshighway, south to Barnes Hospital Plaza, east to Euclid, south along the southern prolongation of Euclid to Oakland, west to the Daniel Boone Expressway, southwest to the City limits, and north to the point of beginning.



Legislative History
1ST READING REF TO COMM COMMITTEE COMM SUB COMM AMEND
11/19/9911/19/99HUDZ
2ND READING FLOOR AMEND FLOOR SUB PERFECTN PASSAGE
12/03/9912/10/9912/10/9912/17/99
ORDINANCE VETOED VETO OVR
64832 


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