CITY PLAN COMMISSION STAFF REPORT

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CITY PLAN COMMISSION STAFF REPORT SUBJECT: FROM: MEETING DATE: February 6, 2017 PETITION: LOCATION: APPLICANT: Request for a Conditional Use Permit and Preliminary Development Plan Mara Perry,

1 CITY PLAN COMMISSION STAFF REPORT SUBJECT: FROM: MEETING DATE: February 6, 2017 PETITION: LOCATION: APPLICANT: Request for a Conditional Use Permit and Preliminary Development Plan Mara Perry, Director of Planning & Development 17-PC-05 Jubilee Church 8925 Watson Road Mike Lawson (Church Treasurer) on behalf of Jubliee Church Proposal Summary Jubilee Church is requesting a Conditional Use Permit and Preliminary Development Plan approval to allow for a church use at 8925 Watson Road with an existing 11,517 sq. ft. structure. The subject property, a 3.5-acre tract, is zoned PC Planned Commercial District. The applicant plans to utilize the existing and currently vacant former restaurant for regular church services. The Preliminary Development Plan shows a potential future addition of classrooms on the northern side of the building and a small bump out on the southern side. Requested Action The City Plan Commission is requested to review the application for the Conditional Use Permit (CUP) and Preliminary Development Plan and make a recommendation to City Council. A public hearing before City Council is tentatively scheduled for February 21, Land Use and Zoning History of Subject Site The 3.5-acre property is currently zoned PC Planned Commercial District. The property was rezoned from C Commercial to PC Planned Commercial District in Ordinance #6665 was the first Planned Commercial District approved in the City of Webster Groves as this designation had just been added to the codes the year prior. In 1980, the City Council approved a Development Plan (Ordinance #7173), submitted by CharterBank Webster Groves Trust Company, to construct a drive-up bank facility and office building. In 1983, the City Council approved a Development Plan (Ordinance #7277) for the construction of Furr s Cafeteria. This ordinance repealed the former development plan approved in Ordinance #7173 as it was never built. In 1985, the City Council approved an amended Development Plan (Ordinance #7335) for the construction of Furr s Cafeteria, this ordinance repealed Ordinance #7277. Page 1 of 8

In 1985, the City Council approved a Development Plan for construction of Med First Offices and Resubdivision of the land to create Haeberlin Subdivision (Ordinance

In 1988, the City Council adopted a Development Plan (Ordinance #7497) for the construction of Ryan s Family Steakhouse.

The restaurant structure was finally constructed in 1989. In 2012, Hibachi Grill applied for business license to occupy the former Ryan s Family Steakhouse building.

View looking east at the potential addition location.

2 In 1985, the City Council approved a Development Plan for construction of Med First Offices and Resubdivision of the land to create Haeberlin Subdivision (Ordinance #7329). The office building was built in 1985 and is addressed at 8969 Watson Road. In 1988, the City Council adopted a Development Plan (Ordinance #7497) for the construction of Ryan s Family Steakhouse. It appears that the ordinance was intending to repeal the previous development plan Ordinance #7335. It instead repealed Ordinance #7334. The restaurant structure was finally constructed in In 2012, Hibachi Grill applied for business license to occupy the former Ryan s Family Steakhouse building. Elevation of existing building looking north Elevation of the existing building from the parking lot View looking west on Watson Rd. View looking east at the potential addition location. Land Use and Zoning of Surrounding Properties North: The properties to the north are zoned A3 Ten Thousand Square Foot Residence District. South: The property to the south is zoned PC Planned Commercial District and the property to the south across Watson Road is within the City of Crestwood. East: The property to the east is zoned PC Planned Commercial District. West: The property to the west is the zoned A3 Ten Thousand Square Foot Residence District. Page 2 of 8

3 Zoning Map 2016 Aerial Photograph Page 3 of 8

4 Comprehensive Plan Analysis The Comprehensive Plan identifies the subject site as being within an area designated as Commercial. The plan identifies that: The city plays an important role in the development of commercial areas. In all of the commercial areas, the city should enforce the non-residential code and provide zoning which will further the development of the area. Institutions were identified in the plan to include schools, public buildings and religious institutions. Those were identified to be in areas of the comprehensive plan identified as Public or Semi-Public. The requested use of a church in a commercially identified area doesn t comply with the City s Comprehensive Plan. ZONING ANALYSIS Staff has reviewed the proposed conditional use permit in a PC Planned Commercial District. The PC Planned Commercial District regulations are contained in Sec et seq. Development must be in accordance with a Development Plan, which may be filed with or subsequent to the rezoning. The proposed development is governed by the City Code, Section Conditional Uses (c) or Section Conditional Uses (c), which provides for churches by Conditional Use Permit. Per Sec (c), the Council shall determine whether the proposed church use will NOT: 1. Substantially increase traffic hazards or congestion. 2. Substantially increase fire hazards. 3. Adversely affect the character of the neighborhood. 4. Adversely affect the general welfare of the community. 5. Overtax public utilities. The application for a conditional use permit shall be denied if the Council finds that the applicant has failed to carry its burden of proof with regard to any of the factors set forth above. Although this request is for a Conditional Use, the PC Planned Commercial District Ordinance for this site did not establish an approved set of uses. That essentially requires the Staff and Plan Commission to review this item as if it were a request for a change to the approved uses that would occur in a rezoning. STAFF ANALYSIS Permitted, Conditional and Accessory Uses The PC Planned Commercial District was not developed as a typical Planned Commercial Ordinance would be done today. As it was the first one the City ever approved, there was no development plan initially attached to the ordinance and no list of requested uses. Without a list of requested uses, essentially every possible use listed in the C and D Commercial Districts would be available as listed in the Zoning Ordinance. An analysis of what the intent of the proposal back in 1969 intended to develop is unclear. The land had previously been zoned C Commercial and have been approved for a gas station which had not been built. Over eleven years after the approval of the PC zoning, the first development plan was approved but the development never built. Multiple other development plans were submitted and also Page 4 of 8

5 not built. It was twenty years after the approval of the PC zoning that a structure was finally built on the property. The use that is being requested is not in conformance with the City s Comprehensive Plan. Access and Circulation The site has access only from Watson Road which is a road under the jurisdiction of the Missouri Department of Transportation (MODoT). The Development Plan approved with Ordinance #7497 only identified the primary entrance off Watson road to the eastern edge of the property. There is currently a secondary entrance which is shared with the property to the west (8969 Watson Road) and is accessed from the western edge of the parking lot. There are no proposed changes to the entrances or any other means of ingress or egress to the site. Parking The site has an existing parking lot with one hundred eighty-four (184) parking spaces serving the existing building located at 8925 Watson Road. Whenever the City does not have a specific parking requirement formula based on the proposed land use, Staff defers to St. Louis County for the parking requirement formula. According to the County parking requirements for a church (one space for every four seats plus one space for every vehicle customarily used in the operation of the use or stored on the premises), the church worship area is proposed for two hundred and ninety-nine (299) fixed seats. Based on the proposed worship seating, a minimum of seventy-five (75) parking spaces are required. The church plans identify accessory uses typically found with a church including classrooms for Sunday school classes, church teaching and training. Typically an accessory use within an existing church use would rarely have a separate parking requirement. As they are located within the same structure Staff does not feel additional parking requirements should apply. Should the additional parking requirements have been put in place the property would still have ample parking on site. The existing parking lot meets the parking code requirements for the uses on the site. Tree Preservation and Landscaping The existing approved Final Development Plan governing the site (Ord. #7497) required landscaping for the parking lot and buffers to adjacent properties. The ordinance very specifically required the following: Approval contingent upon the acceptance of the Harland Bartholomew recommendation, date May 31, 1988: i.e. (1) additional landscaping near the retaining wall; (2) a 42-inch fence to provide safety at the wall; (3) landscaping to soften the view from the Bonanza restaurant (now the Midwest Health Professionals building); (4) additional landscaping along Watson Road; and specifically page 2 of the report recommending berming north of the employee parking lot (all shown on revised plan submitted June 13, 1988). Page 5 of 8

These requirements would have remained in place for this lot

The site does not currently comply with these requirements.

View looking northeast through the parking lot.

6 These requirements would have remained in place for this lot after construction. The site does not currently comply with these requirements. Almost all of the required landscaping along Watson Road is no longer in place. Landscaping buffering from the neighboring commercial property to the east is very bare in many places. View looking east on Watson Rd. View looking northeast through the parking lot. According to the approved plan there should be approximately seven trees along the view looking east in the picture above. Landscaping in other areas of the parking lot are also lacking. Final Development Plan approved with Ordinance #7497: Page 6 of 8

7 Setbacks Per Sec (b) under CUP Dimensional Regulations, setback and/or buffering requirements for any front, side, and rear yard shall be established and shall be determined by using a set of guidelines to evaluate the proposed development s impact. When the PC Planned Commercial Zoning was approved, setbacks should have been established. During the Final Development Plan approval, setbacks also should have been addressed. At this time, there is no record of an approved set of setbacks for the development of this property. The setbacks would apply to the structure only. In establishing setbacks for a conditional use, staff reviews and addresses how that specific use would impact a number of factors on the site. Many of those determinations are based on a new structure being placed on the site. This request is for the use of an existing building with some future minor additions. Staff recommends that the setbacks should not be expanded much beyond the existing structure and the proposed additions. Staff recommends the following proposed setbacks: The structure setbacks shall be the following: a. Ninety (90)-ft front yard setback from Watson Road b. Twenty-five (25)-ft setback from the eastern property line with the bearing S E c. Two Hundred Twenty (220)-ft setback from the eastern property line with the bearing S E d. One Hundred (100)-ft setback from the northern property line with the bearing S E e. Two Hundred Sixty (260)-ft setback from the western property line with the bearing N W f. Two Hundred Twenty (220)-ft setback from the western property line with the bearing N W g. Ninety-five (95)-ft setback from Old Watson Road No additional restrictions are recommended to be placed on the structure setbacks. This would allow the proposed additions to existing structure that would meet the current code. Comments from Other Departments The application request for the CUP was distributed to the Building Commissioner, Police, Fire, and Public Works Departments. The Departments had no comments at this time. The plans will need to be reviewed during building permit review to meet all current code requirements for the use. Staff Recommendation Staff recommends denial of the application of the conditional use permit and preliminary development plan as the use does not conform with the City s Comprehensive Plan. Should the Plan Commission wish to forward this to the City Council with a recommendation of approval staff would recommend repealing of the previous Ordinances (Ord. #7497 and 7335) and replacing them with the new CUP and Preliminary Development Plan. The following Page 7 of 8

8 conditions would be recommended to be placed on this use should it move forward with a recommendation of approval: Should the City Council approve of the Conditional Use Permit, Staff would recommend the following conditions: 1. All provisions of the City Code shall apply except as expressly modified in this Ordinance No.. 2. This conditional use permit shall be personal to the Jubilee Church and shall not run with the land. 3. The landscape requirements shall match those improvements as required in the Final Development Plan approved for the site with Ordinance #7497 as attached in Exhibit A. 4. The structure setbacks shall be the following: a. Ninety (90)-ft front yard setback from Watson Road b. Twenty-five (25)-ft setback from the eastern property line with the bearing S E c. Two Hundred Twenty (220)-ft setback from the eastern property line with the bearing S E d. One Hundred (100)-ft setback from the northern property line with the bearing S E e. Two Hundred Sixty (260)-ft setback from the western property line with the bearing N W f. Two Hundred Twenty (220)-ft setback from the western property line with the bearing N W g. Ninety-five (95)-ft setback from Old Watson Road Action Action on the conditional use permit will be in the form of a motion for approval, approval with conditions or denial. If the motion is for approval, the City Council should find that the five factors for approval of a conditional use permit are met. A public hearing for this application before City Council is tentatively scheduled for February 21, Attachments: 1. Jubilee Church Written Statement 2. Aerial Photograph of the site provided by Saint Louis Design Alliance 3. ALTA/ACSM Land Title Survey of 8925 Watson Road dated 10/23/ Schematic Existing Plan drawn by Saint Louis Design Alliance 5. Schematic Floor Plan Scheme A (Preliminary Development Plan) drawn by Saint Louis Design Alliance 6. Schematic Floor Plan Scheme B (Preliminary Development Plan) drawn by Saint Louis Design Alliance 7. Revised Development Plan approved with Ordinance #7497 Page 8 of 8

CITY PLAN COMMISSION STAFF REPORT

CITY PLAN COMMISSION STAFF REPORT SUBJECT: Request for Approval of an Amended Final Development Plan FROM: Mara Perry, Director of Planning & Development MEETING DATE: June 5, 207 PETITION: 7-PC-9 DJH