Requested by: Wayne Anthony Sponsored by: Joe Cronin

Transcription

1 Bill No. Requested by: Wayne Anthony Sponsored by: Joe Cronin Ordinance No. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE COUNTY OF ST. CHARLES, MISSOURI, BY REZONING LAND FROM C1/PUD, NEIGHBORHOOD COMMERCIAL DISTRICT WITH PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT TO R1D/PUD, SINGLE-FAMILY RESIDENTIAL DISTRICT WITH PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT WHEREAS, the St. Charles County Charter, Article II, Section (2014), grants to the County Council legislative power pertaining to planning and zoning in the part of the County outside incorporated cities, towns and villages; and WHEREAS, WHEREAS, in 2004, by Ordinance , the St. Charles County Council approved a Planned Unit Development and Final Development Plan for the 89.8-acre Jaxson Estates development at Dietrich Road and Hwy. 61 with the entire development zoned C1, Neighborhood Commercial District, with PUD, Planned Unit Development, overlay zoning; and in 2015, the developer of Jaxson Estates applied to St. Charles County to amend the Final Development Plan for the eastern 28.3 acres to allow single-family residential uses, and the County Council, by Ordinance , approved the application and concurrently rezoned that area from C1/PUD to R1D/PUD; and 1

2 WHEREAS, the Planning & Zoning Commission, through Application PUD , initiated a zoning map amendment for the western 34.3 acres of Jaxson Estates, in conformance with Section B.2 of the Unified Development Ordinance; and WHEREAS, the Planning and Zoning Commission of the County of St. Charles, Missouri, after conducting a public hearing, recommended the matter for approval to the County Council by a vote of 9 ayes to 0 nays. A simple majority of the County Council is required for passage of this bill. NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF ST. CHARLES COUNTY, MISSOURI, AS FOLLOWS: Section 1. Section 2. Section 3. The zoning map of St. Charles County is hereby amended by changing the existing C1/PUD Neighborhood Commercial District, with a Planned Unit Development Overlay District zoning, to R1D, Single-Family Residential District, with a Planned Unit Development Overlay District. The area of rezoning is more particularly described on Exhibit A attached hereto. The Director of the Planning and Zoning Division is hereby authorized to acknowledge approval on Application PUD The Council hereby receives the following documents into the record: the St. Charles County Master Plan Year 2025, the Unified Development Ordinance of St. 2

3 Charles County, Missouri and the documents attached hereto as Exhibit B, which Exhibit contains the plats and plans and any other documents relied on in reaching this determination of the Council. Section 4. This ordinance shall be in full force and effect from and after the date of its passage and approval. DATE PASSED DATE APPROVED BY COUNTY EXECUTIVE CHAIR OF THE COUNCIL ATTEST: COUNTY EXECUTIVE COUNTY REGISTRAR P&Z.Approving Rezoning Jaxson Estates PUD G 3

4 EXHIBIT A APPLICATION PUD AMENDING THE ZONING DISTRICT MAP OF SAINT CHARLES COUNTY MISSOURI APPLICATION NUMBER: THE PROPERTY IS PRESENTLY ZONED: IT IS REQUESTED THAT THIS PROPERTY BE REZONED TO DISTRICT: OWNER OR OWNERS OF PROPERTY TO BE REZONED: LOCATION OF PROPERTY: PUD C1/PUD, NEIGHBORHOOD COMMERCIAL DISTRICT WITH PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT R1D/PUD, SINGLE-FAMILY RESIDENTIAL DISTRICT WITH PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT (THE AREA OF THE JAXSON ESTATES PUD WEST OF JAXSON ESTATES PLAT 1) CIANA REALTY III, LLC THE PROPERTY IS KNOWN AS DIETRICH ROAD, AND IS LOCATED ON THE SOUTH SIDE OF DIETRICH ROAD, APPROXIMATELY 300 FEET WEST OF JAXSON DRIVE. THE PROPERTY CONSISTS OF ACRES, AND IS LOCATED IN COUNCIL DISTRICT 1. LEGAL DESCRIPTION OF PROPERTY TO BE REZONED: A TRACT OF LAND BEING PART OF U.S. SURVEY 950, TOWNSHIP 48 NORTH, RANGE 1 EAST, ST. CHARLES COUNTY, MISSOURI AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT AN OLD STONE AT THE NORTHWEST CORNER OF CLAIREN ESTATES AS SHOWN IN PLAT BOOK 23 PAGE 95 OF THE ST. CHARLES COUNTY RECORDS; THENCE ALONG THE WEST LINE OF U. S. SURVEY 950, NORTH EAST 1, FEET TO THE RIGHT-OF-WAY OF DIETRICH ROAD; THENCE NORTH EAST FEET TO THE NORTHWEST CORNER OF LOT 99 OF JAXSON ESTATES PLAT 1 AS RECORDED IN PLAT BOOK 45 PAGE 182 OF THE ST. CHARLES COUNTY RECORDS; THENCE ALONG SAID WEST LINE OF JAXSON ESTATES PLAT 1, SOUTH EAST FEET; THENCE SOUTH EAST FEET; THENCE SOUTH WEST FEET; THENCE SOUTH EAST 3.25 FEET; THENCE NORTH EAST FEET; THENCE SOUTH EAST FEET; THENCE NORTH EAST 2.45 FEET; THENCE SOUTH EAST FEET; THENCE SOUTH WEST FEET; THENCE SOUTH EAST FEET; THENCE SOUTH EAST FEET; THENCE SOUTH EAST FEET; THENCE SOUTH EAST FEET; THENCE SOUTH WEST FEET; THENCE SOUTH EAST FEET; THENCE SOUTH WEST FEET TO A POINT ON THE NORTH BOUNDARY OF THE AFORE MENTIONED CLAIREN ESTATES; THENCE NORTH WEST 1, FEET. CHAIRPERSON MATTHEW EHLEN SECRETARY P. ROGER ELLIS ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION

5 Application PUD PUD ZONING AMENDMENT FOR A PORTION OF JAXSON ESTATES - DIETRICH RD Application: Applicant: Property Owner: Engineer: Current Zoning: Requested Amendment: Number of Lots: Area: Location: Council District: 1 Account No.: PUD St. Charles County Planning & Zoning Commission Ciana Realty III, LLC Musler Engineering Company C1/PUD, Neighborhood Commercial District with Planned Unit Development Overlay District R1D/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 On the south side of Dietrich Road, approximately 300 feet west of Jaxson Drive T CONTENTS: Application Synopsis Staff Recommendation and Exhibit Photo(s) of Site Aerial Photo Surrounding Zoning Map Land Use Map Plat Letters received: Letter from MoDOT stating they have no comments Planning and Zoning Commission minutes from June 17, 2015 meeting

6 ST.CHARLES COUNTY COMMUNITY DEVELOPMENT July 27, 2015 This is a synopsis for the following application and bill to be introduced at the August 10, 2015 County Council meeting: Application No.: Applicant: Property Owner: Existing Zoning: Proposed Zoning: Location: PUD St. Charles County Planning and Zoning Commission Ciana Realty Ill, LLC Ci/PUD, Neighborhood Commercial District with Planned Unit Development Overlay R1D/PUD, Single-Family Residential District with Planned Unit Development Overlay southwest of the intersection of Dietrich Road and Hwy. 61, and west of Jaxson Drive Area: 34.3 acres Current Land Use: Undeveloped but preliminary-platted for 150 single-family lots Council District: Master Plan: Low-Density Residential (1-4 dwelling units per acre) Approval of this bill would amend the St. Charles County Zoning Map for the western portion of the Jaxson Estates development from Ci/PUD, Neighborhood Commercial District with Planned Unit Development Overlay, to R1D/PUD, Single-Family Residential District with Planned Unit Development Overlay. Essentially, the rezoning would eliminate the future possibility of any C2, General Commercial District uses for the western portion of the Jaxson Estates development. (This action would not include the 75 lots in Jaxson Estates Plats 1 & 2, which have already been platted and sold to homeowners.) Although this 34.3-acre area is currently vacant, it has preliminary plat approval for 150 single-family lots as part of the 90-acre Jaxson Estates PUD initially approved in Although the underlying zoning approved in 2004 was Cl, Neighborhood Commercial District, the specific uses permitted are dictated by a final development plan which was concurrently approved by the County. In May 2015, at the developer's request, the County amended the final development plan for the eastern third of the Jaxson Estates PUD such that 98% of the overall 90-acre PUD will be developed for single-family homes. To reconcile the underlying zoning with the revised final development plan, the County Council concurrently rezoned the eastern third of Jaxson Estates from Ci/PUD to RiD PUD.

7 When the developer's development plan amendment came before the County Council in May 2015, the Council expressed an interest in rezoning the western portion of Jaxson Estates to likewise reconcile the zoning with final development plan, and to reassure property owners in the area about future development. The property owner, Ciana Realty, LLC, indicated they would support doing so. In conformance with Section of the Unified Development Ordinance, County staff then requested that the Planning and Zoning Commission initiate a rezoning petition for the western 34.3 acres of Jaxson Estates from Ci/PUD to R1D/PUD. The Commission did so and, following due process, is recommending that the County Council approve the application. The Planning and Zoning Commission held a public hearing on this application at their July 15, 2015 meeting and received the following public input. Speakers: 0 Support 0 Opposed 1 Concerns Letters on file: 0 Support 0 Opposed 0 Concerns Having concluded the public hearing, the Planning & Zoning Commission voted as follows to recommend approval of this application: 9 Approval 0 Denial 0 Abstentions Recommendation At their July 15, 2015 meeting, the Planning and Zoning Commission unanimously recommended approval. County staff concurs with this recommendation. Sincerely, J"A Robert Myers, AIC Planning & Zoning Division Director cc: Steve Ehlmann, County Executive Joann Leykam, Director of Administration Harold Ellis, County Counselor

8 APPLICATION NO. Kt io (OFFICE WILL ASSIGN NUMBER) ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION RETURN ALL APPLICABLE INFORMATION TO: 201 North Second Street, Suite 420 St. Charles, MO (636) I. APPLICATION REQUESTED (please check one): Rezoning &_ Conditional Use PARCEL INFORMATION: (Please contact the Planning and Zoning Division if you have questions on this section ) ADDRESS OF PROPERTY: Detc R & PROPERTY ID NUMBER: -1gô000 g PARCEL SIZE (ACRES OR SQ. FT.): 34. S CURRENT ZONING: C..t/PU.D REQUESTED ZONING: ' ID/Pp USEREQUESTED: jtc. fo-.wa'tp izell'ey.tca..l III. OWNER'S INFORMATION (List all people named on the recorded deed to property, submit additional pages if necessary): IV. APPLICANT'S INFORMATION NAME: C o. Rec l&y JIT L L C NAME: 5,, t C0 T-7... co,.ss ADDRESS:?o -_o(51 ADDRESS:j iy' 4 s. CITY: 5-1. Lo;5 / yy\q CITY: (c ZIP CODE:, ZIP CODE: G33o l HOME PHONE: HOME PHONE: WORK PHONE: WORK PHONE: (, -3t,- 5 Y -? I V. I/We hereby acknowledge that this application is being made to the St. Charles County Planning and Zoning Division which must give legal notice of such applications. //We give permission for my/our name(s) to be used on the application and/or public notice. All information given herein is true and a statement of fact. CL." Co,bitS(OL'\ -?taac OWNER'S SIGNATURE ci-. (Note: si gnature of all persons nama on the deed must be notaed) -(.-t- v. T Zri j Ct'\v.j 'e S o.-t; -t I' c r OWNER'S PRINTED NAME p-e tkt.. Cc Sv, -v-c. -tor '(Os ,0s 1. ttpo.,i,.- Subscribed and sworn before me this day of 20 (SIGNED) (NOTARY PUBLIC) F 66-k Notary Public in the County of the State of My Commission Expires: SEAL: 1 of 2

9 APPLICATION NO. _ V15 -'o bbd62- (OFFICE WILL ASSIGN NUMBER) APPLICANT'S SIGNATURE (Note: Signature must be notarized) APPLICANT'S PRINTED NAME (NOTE: The above named person shall receive the official notice of public hearing) Subscribed and sworn before me this (SIGNED) (NOTARY PUBLIC) day of 20 Notary Public in the County of in the State of My Commission Expires: SEAL: VI. INFORMATION NEEDED (Please submit the following information to the Planning and Zoning Division to complete the application process. Failure to submit all required items by the posted deadline may result in a delay of your application process.): a. A recent deed to the property showing ownership. b. For PUD, Planned Unit Development requests, a development plan shall be in compliance with Section Procedure for Review of Planned Unit Developments in the Unified Development Ordinance. c. For Conditional Use Permit requests, a site plan must be submitted. See brochure for information on site plan requirements. d. Filing fee: See brochure for fees Checks can be made payable to: St. Charles County FOR DIVISION OF PLANNING USE ONLY: APPLICATION ACCEPTED BY a P=(1J (n(a.2 f (S use complies with the UDO legal description verified acreage matches the application form,.ownership verified u~ otification labels and map created DATE contract purchaser signature notarized on application (if applicable) CHECKED BY THE LAND USE MANAGER `d 6 ( 2- i i5 PLANNING & ZONING COMMISSION DECISION: BY THE DIRECTOR DATE: APPLICATION IS: GRANTED GRANTED WITH CONDITIONS ORDINANCE NUMBER: DENIED BILL NUMBER: DIRECTOR OF PLANNING AND ZONING DATE 2 of 2

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12 Rezone from C1/PUD to R1D/PUD

13 PUD

14 Application PUD Aerial Subject Property

15 Application PUD Zoning Subject Property

16 Subject Property Application PUD Land Use Plan

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18 MISSOURI DEPARTMENT OF TRANSPORTATION PLANNING AND ZONING COMMENTS DATE: July 15, 2015 PETITION NO: PETITIONER: MoDOT ROUTE: MUNICIPALITY: COUNTY: Ciana Realty III, LLC N/A Unincorporated St. Charles APPROXIMATE LOCATION: On the south side of Dietrich Road, approximately 300 feet west of Jaxson Drive. COMMENTS: 1. The Missouri Department of Transportation has no comment regarding this petition.

19 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 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. CHANGES TO THE AGENDA None Page 1 Planning & Zoning Commission Meeting, July 15, 2015

20 I. PUD ZONING AMENDMENT FOR A PORTION OF JAXSON ESTATES - DIETRICH RD Application: Applicant: Property Owner: Engineer: Current Zoning: Requested Amendment: Number of Lots: Area: Location: Council District: 1 Account No.: PUD St. Charles County Planning & Zoning Commission Ciana Realty III, LLC Musler Engineering Company C1/PUD, Neighborhood Commercial District with Planned Unit Development Overlay District R1D/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 On the south side of Dietrich Road, approximately 300 feet west of Jaxson Drive. 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 C1/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 C1/PUD to R1D/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 C1 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 C1, Neighborhood Commercial District to R1D, 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. 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. Page 2 Planning & Zoning Commission Meeting, July 15, 2015

21 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 Ehlen 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 Ehlen 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. Matt Ehlen, Chairman Roger Ellis, Secretary Page 3 Planning & Zoning Commission Meeting, July 15, 2015