Application CUP : Application CUP :

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1 MINUTES OF REGULAR MEETING ST. CHARLES COUNTY PLANNING & ZONING COMMISSION DATE: July 15, 2015 TIME: PLACE: 7:00 P.M. COUNTY EXECUTIVE BUILDING 300 N. THIRD ST. THIRD FLOOR COUNCIL CHAMBERS ST. CHARLES, MO MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Ron Saettele; Gary Griffin; Kevin McBride; Roger Ellis; Matthew Ehlen; James Leonhard; Thomas Kuhn; Sandra Polley; and David Hammond, County Council Member Craig Frahm Jan Whipple, Land Use Manager; Robert Myers, Director of Planning and Zoning; and Bob Hoeynck, Associate County Counselor SPEAKERS: Application PUD : Bruce Bandy, 1919 Dietrich Road Application CUP : Application CUP : Amy Grigsby, Applicant R. Stephen Barnett, Property Owner Jason Hooper, Applicant Josh Hooper, Applicant CALL TO ORDER Chairman Matt Ehlen called the meeting to order at 7:00 PM. Following the Pledge of Allegiance, Chairman Ehlen welcomed the audience; explained the procedures for speakers; and explained the functions of the Planning and Zoning Division, the Planning and Zoning Commission and the County Council. Chairman Ehlen explained to the audience that applications for Conditional Use Permit requests heard during the meeting would be voted on by the Planning & Zoning Commission, and the Commission's recommendation on the applications would then be introduced to the St. Charles County Council on Monday, August 10, 2015 for their final decision on the items. Chairman Ehlen then asked for a motion to open the public hearing. Jim Leonhard made the motion, and Gary Griffin seconded the motion. The motion to open the public meeting was affirmed by unanimous voice acclamation. Chairman Ehlen introduced the following documents as a matter of record: The Unified Development Ordinance of St. Charles County (UDO), including zoning maps; and The Year 2025 Master Plan for St. Charles County, which includes the Year 2025 Future Land Use Plan Map. Page 1 Planning & Zoning Commission Meeting, July 15, 2015

2 CHANGES TO THE AGENDA None PUBLIC HEARINGS PUD ZONING AMENDMENT FOR A PORTION OF JAXSON ESTATES - DIETRICH RD Application: Applicant: Property Owner: Engineer: Current Zoning: Requested Amendment: PUDI St. Charles County Planning & Zoning Commission Ciana Realty Ill, LLC Musler Engineering Company Ci/PUD, Neighborhood Commercial District with Planned Unit Development Overlay District Ri D/PUD, Single-Family Residential District with Planned Unit Development Overlay District (The area of the Jaxson Estates PUD west of Jaxson Estates Plat 1) 150 lots preliminary platted only 34.3 acres Number of Lots: Area: Location: On the south side of Dietrich Road, approximately 300 feet west of Jaxson Drive. Council District: 1 Account No.: T Jan Whipple, Land Use Manager, described the zoning of the property, the surrounding zoning area and the future land use plan. She stated that in 2004 the subject site was part of an 89.8 acre tract that was rezoned to Ci/PUD, Neighborhood Commercial District with a Planned Unit Development Overlay District, and intended to accommodate single-family homes, apartments, and highway commercial development. In 2015, the developer re-platted the eastern 28.3 acres for single-family homes, and the County Council concurrently rezoned that same area from Ci/PUD to Ri D/PUD. At the May 11, 2015 and May 26, 2015 County Council meetings, as part of an application to replat the eastern third of Jaxson Estates for single-family homes, several Council members expressed an interest in rezoning the western portion of Jaxson Estates from Cl to residential, and the owner/developer present at those meetings verbally indicated agreement. At the June 17, 2015 Planning & Zoning Commission meeting, the Planning & Zoning Commission voted to schedule the subject application for a public hearing. The rezoning recommended by staff would not change the applicant's development plan but is intended to reassure the public about future outcomes for the western portion of Jaxson Estates. Mrs. Whipple noted that this action would not include the 75 lots in Jaxson Estates Plats 1 & 2, which have already been platted and sold to homeowners. Nor would this rezoning involve the out lots hosting the sewage treatment plant, wetlands and stormwater facility. Mrs. Whipple stated that the Planning & Zoning staff recommends approval of changing the underlying zoning for this 34.3 acre property from Ci, Neighborhood Commercial District to RiD, Single-Family Residential District. The PUD, Planned Unit Development Overlay District will remain intact as well as the development plan for 150 detached single-family residential lots. Page 2 Planning & Zoning Commission Meeting, July 15, 2015

3 For the record, Mrs. Whipple stated the staff received 1 written communication from MoDOT, stating they had no comments regarding this PUD rezoning request. Mrs. Whipple asked the Commission if they had any questions for the Planning and Zoning staff. There were no questions. Chairman Ehlen then opened the public hearing and asked if there was anyone in the audience who wished to speak on this application. Bruce Bandy, 1919 Dietrich Road, was sworn in. Mr. Bandy stated that his property is located approximately a half mile from this development. He showed a photo to the Commission of a pair of shoes strung over a utility line in the area and stated that this is a symbol of gang activity. He stated there has never been any of this sort of activity in the area until the recent development of Jaxson Estates. Mr. Bandy stated that he believes the Planning & Zoning Commission needs to take this into account before making their decision on whether or not to move forward with recommending approval on this PUD rezoning. Mr. Bandy's other concerns include motorists speeding on Dietrich Road and the lack of enforcement by the police department; and concerns about the density of this plat being excessive. There being no other speakers from the audience, Chairman Ehien closed the public hearing and called for discussion from the Commission. Dave Hammond asked Jan Whipple if the recently approved plat for this development contains the same number of lots that were originally platted by the former developer. Mrs. Whipple responded that the subject plat has the same number of lots that were originally platted (150), and the overall density of the development is actually less than the original plat due to the removal of the multi-family lots having been changed to single-family residential lots. There being no discussion from the Commission, Chairman Ehien asked for a motion to approve Application PUD Gary Griffin made the motion to recommend approval, and the motion was seconded by Dave Hammond. The vote on the motion was as follows: Ron Saettele - Yes Roger Ellis - Yes Tom Kuhn - Yes Gary Griffin - Yes Matt Ehlen - Yes Sandra Polley - Yes Kevin McBride - Yes Jim Leonhard - Yes Dave Hammond - Yes Application PUD was recommended for APPROVAL. The vote count was 9 Yeas, 0 Nays, and 0 Abstentions. Page 3 Planning & Zoning Commission Meeting, July 15, 2015

4 CONDITIONAL USE PERMIT EAST HIGHWAY N Application: CUP Applicant: Amy Grigsby Property Owner: ft Stephen and Catherine M. Barnett Use Requested: Lawn Care Service Zoning: A, Agricultural District (5 acres minimum lot size) Area: 3.39 acres Location: On the south side of Highway N, approximately 530 feet east of Gallop Lane Council District: 2 Account No.: A000 Jan Whipple, Land Use Manager, described the zoning of the property, the surrounding zoning area and the future land use plan. Mrs. Whipple stated that the applicant is requesting a conditional use permit for a lawn care service. The applicant is proposing a 2,700 square foot storage building and a gravel parking lot for employees with 7 spaces. She stated that Staff has reviewed this criterion relative to the subject site and finds the location of a lawn care service appropriate with conditions. Staff further finds that the operation of a lawn care service as defined and conditioned will not be injurious to the use and enjoyment of the other residences in the surrounding area. She stated that a lawn care service is defined in the Unified Development Ordinance (Section ) as a business devoted to grass cutting on private or public property. Pursuant to St. Charles County Unified Development Ordinance Section ( C.18), related equipment or vehicles of a lawn care service are required to be stored within an accessory structure. Approval for a lawn care service does not allow the owner to use the site for any other business. This would prohibit the storage of equipment and materials not used in the lawn care service on site. Mrs. Whipple stated that the Planning and Zoning Division recommends this conditional use request for a Lawn Care Service be approved subject to the following conditions: A site plan must be submitted to and approved by the St. Charles County Community Development Department indicating the entrance, parking and location of all structures. 2. No conditional use shall be active until all conditions of the approval have been met. 3. In any case where a conditional use is not in place and in active use within two years from the date of granting, and/or in accordance with the terms of the conditional use originally granted or subsequently amended, then, without further action by the Planning and Zoning Commission and/or the County Council, the conditional use, or authorization thereof, shall be null and void. For the record Mrs. Whipple stated the staff received one written communication with comments from M0DOT regarding this conditional use request. Mrs. Whipple asked the Commission if they had any questions for the Planning and Zoning staff. There were no questions. Chairman Ehlen then opened the public hearing and asked the applicant or their representative to approach the podium. Page 4 Planning & Zoning Commission Meeting, July 15, 2015

5 Amy Grigsby, applicant; and R. Stephen Barnett, property/business owner, were sworn in. Mr. Barnett stated that he would has owned this property for approximately 9 years and would like to be able to use the property to run his lawn care business. He also stated that he intends to construct a storage shed on the property to store all of his equipment and materials inside of. Chairman Ehlen asked the Commission if they had any questions for the applicant. Gary Griffin asked Mr. Barnett if he is currently operating a lawn care business. Mr. Barnett responded that he is currently operating his business from a different location. Gary Griffin then asked Mr. Barnett what his business hours would be and if he would be installing any outdoor lighting on the property for his business. Mr. Barnett responded that his business hours are typically 7:00 AM to 3:30 PM Monday through Saturday, and he would not be installing any business related lighting on the property. Gary Griffin also asked Mr. Barnett if there is currently anyone residing at the subject property. Mr. Barnett responded that there is no one residing on the property at this time. Dave Hammond asked the applicant, Amy Grigsby, to clarify why she is the applicant for this conditional use request but Mr. Barnett is the property/business owner. Ms. Grigsby stated that she is employed by Mr. Barnett and handles the paperwork for the business, so she is the one who applied for this CUP. Roger Ellis asked Mr. Barnett if he also does snow removal during the winter months, as most lawn care businesses do. Mr. Barnett responded that he does do snow removal during the winter months. Chairman Ehlen then asked if there was anyone in the room who wished to speak on this application. There were no speakers. Chairman Ehlen then closed the public hearing and called for discussion from the Commission. There being no discussion from the Commission, Chairman Ehlen asked for a motion to approve Application CUP , subject to the staff recommended conditions stated above. Gary Griffin made the motion to recommend approval, and the motion was seconded by Ron Saettele. The vote on the motion was as follows: Ron Saettele - Yes Roger Ellis - Yes Tom Kuhn - Yes Gary Griffin - Yes Matt Ehlen - Yes Sandra Polley - Yes Kevin McBride - Yes Jim Leonhard - Yes Dave Hammond - Yes Page 5 - Planning & Zoning Commission Meeting, July 15, 2015

6 Application CUP was recommended for APPROVAL; subject to staff recommended conditions stated above. The vote count was 9 Yeas, 0 Nays, and 0 Abstentions. III. CONDITIONAL USE PERMIT HOPEWELL ROAD Application: CUP Applicant: Jason Hooper Property Owner: Robert Shatro Use Requested: Nursery and Lawn Care Service Zoning: A, Agricultural District (5 acres minimum lot size) Area: 2.72 acres Location: On the east side of Hopewell Road, approximately 675 feet north of Diehr Road Council District: 2 Account No.: A000 Jan Whipple, Land Use Manager, described the zoning of the property, the surrounding zoning area and the future land use plan. She stated that the applicant is requesting a conditional use permit for a nursery and lawn care service. The applicant is proposing a 2,400 square foot building along with gravel parking. In addition, the applicant is proposing to place nursery material bins to the north of the structure. Mrs. Whipple stated that Staff has reviewed this criterion relative to the subject site and finds the location of a nursery and lawn service appropriate with conditions. Staff further finds that the operation of a nursery and lawn care service as defined and conditioned will not be injurious to the use and enjoyment of the other residences in the surrounding area. The applicant proposes to locate the majority of the business on the eastern portion of the property with planted trees located on the central and western portion of the property. In addition to the nursery business, a lawn care service is defined in the Unified Development Ordinance (Section ) as a business devoted to grass cutting on private or public property. Pursuant to St. Charles County Unified Development Ordinance Section ( C.18), related equipment or vehicles of a lawn care service are required to be stored within an accessory structure. Staff also finds this use appropriate in conjunction with the nursery. The nursery use is permitted to store materials outside and because of that and the adjacent residential use, staff recommends all structures, including bins and parking, meet the structure setbacks of the A, Agricultural District, of 40 feet from the side and 50 feet from the rear property lines. Additionally, staff recommends that the existing vegetation around the perimeter of the property remain in place as a natural buffer. Therefore, staff is also recommending a condition that there be no removal of vegetation or grading within 20 feet of the side and rear property lines. Mrs. Whipple stated that the Planning and Zoning Division Staff recommends approval on this Conditional Use Permit, subject to the following conditions: A site plan must be submitted to and approved by the St. Charles County Community Development Department indicating the entrance, parking and location of all structures. Page 6 Planning & Zoning Commission Meeting, July 15, 2015

7 2. There shall be no grading or removal of existing vegetation within 20 feet of the side and rear property limits. The structure, parking and all bins for storing materials must be setback 40 feet from the side and 50 feet from the rear property lines. 3. No conditional use shall be active until all conditions of the approval have been met. 4. In any case where a conditional use is not in place and in active use within two years from the date of granting, and/or in accordance with the terms of the conditional use originally granted or subsequently amended, then, without further action by the Planning and Zoning Commission and/or the County Council, the conditional use, or authorization thereof, shall be null and void. For the record, Mrs. Whipple stated the staff did not receive any written communications regarding this conditional use request. Mrs. Whipple asked the Commission if they had any questions for the Planning and Zoning staff. Gary Griffin asked Jan Whipple if the Nursery would be used for wholesale or retail sales. Mrs. Whipple stated that the applicant could best answer that question. There being no further questions for the staff, Chairman Ehlen then opened the public hearing and asked the applicant or their representative to approach the podium. Jason Hooper and Josh Hooper, applicants, were sworn in. Jason Hooper stated that they currently have a contract to purchase the subject property, and would like to be granted a Conditional Use Permit in order to operate their lawn care business on the property. He stated that they plan to construct a storage building on the property for their equipment and materials. He stated that they are only requesting the nursery portion of the Conditional Use Permit so that they will be allowed to use the property to plant any unused landscaping items such as bushes and trees at the end of the season in order to keep them alive until the next season. They do not intend to use the nursery for sales to the public. Chairman Ehlen asked the Commission if they had any questions for the applicants. Gary Griffin asked how many people their business employs. Jason Hooper responded that they currently have 11 employees in addition to themselves. Gary Griffin also asked Mr. Hooper what his business hours would be, and if his business would include snow removal during the winter months. Jason Hooper responded that their business hours are typically Monday through Friday from 8:00 AM to 5:00 PM, and Saturday from 8:00 AM to 11:00 AM. Chairman Ehlen then asked if there was anyone in the audience who wished to speak on this application. There were no speakers. Chairman Ehlen then closed the public hearing and called for discussion from the Commission. There being no discussion from the Commission, Chairman Ehlen asked for a motion to approve Application CUP , according to the Staff recommended conditions stated above. Gary Griffin made the motion to recommend approval, and the motion was seconded by Dave Hammond. Page 7 Planning & Zoning Commission Meeting, July 15, 2015

8 The vote on the motion was as follows: Ron Saettele - Yes Roger Ellis - Yes Tom Kuhn - Yes Gary Griffin - Yes Matt Ehien - Yes Sandra Polley - Yes Kevin McBride - Yes Jim Leonhard - Yes Dave Hammond - Yes Application CUP was recommended for APPROVAL; subject to the staff recommended conditions stated above. The vote count was 9 Yeas, 0 Nays, and 0 Abstentions. APPROVAL OF MINUTES Chairman Ehlen asked for a motion to approve the minutes for the June 17, 2015 meeting. A motion to approve was made by Jim Leonhard and the motion was seconded by Roger Ellis. The minutes were approved by unanimous voice acclamation. OTHER BUSINESS: Chairman Matt Ehlen announced that he and his wife will be moving and he will no longer be a resident of St. Charles County. He stated that this would be his last Planning & Zoning Commission meeting, and he has enjoyed serving on the Commission Board. Sandy Polley commented that Mr. Ehlen has done a great job as Chairman of the Commission. ADJOURNMENT OF MEETING Chairman Ehien called for a motion to adjourn the meeting. The motion was made by Roger Ellis and was seconded by Ron Saettele. The motion to adjourn was approved by unanimous voice vote, and the meeting adjourned at 7:33 p.m. A- ~' 1~ ~ - RogèciEllis, Secretary Page 8 Planning & Zoning Commission Meeting, July 15, 2015