the property is zoned A, Agricultural District; and

Transcription

1 Bill No. Requested by: Wayne Anthony Sponsored by: Joe Brazil Ordinance No. AN ORDINANCE GRANTING CONDITIONAL USE PERMIT CUP FOR A NURSERY AND LAWN CARE SERVICE TO HOOPS LAWN & LANDSCAPING L.L.C. AND JASON HOOPER 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, WHEREAS, WHEREAS, WHEREAS, the property is known as 2672 Hopewell Road, is located on the east side of Hopewell Road, approximately 675 feet north of Diehr Road, and consists of 2.72 acres; and the property is zoned A, Agricultural District; and a Nursery and Lawn Care Service is a conditional use permitted within the A, Agricultural District; and a conditional use permit was requested by Application CUP for the purpose of a Nursery and Lawn Care Service; and the Planning and Zoning Commission of the County of St. Charles, Missouri, considered this petition and on a vote of 9 ayes to 0 nays the matter was recommended for approval to the County Council. A simple majority 1

2 of the County Council is required for passage of this bill pursuant to Section A, OSCCMo; and WHEREAS, if the requested Application CUP is not approved, the County Council shall request and approve Findings of Facts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF ST. CHARLES COUNTY, MISSOURI, AS FOLLOWS: Section 1. Section 2. A conditional use permit for the purpose of a Nursery and Lawn Care Service for the property known as 2672 Hopewell Road and located on the east side of Hopewell Road, approximately 675 feet north of Diehr Road, and further described on the Notice of Public Hearing, attached hereto as Exhibit A; is hereby granted to Hoops Lawn & Landscaping L.L.C. and Jason Hooper. The conditional use permit is approved based on the following conditions: 1. 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. 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 set back 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. 2

3 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. Section 3. Section 4. Section 5. Section 6. The Council hereby finds that a public necessity exists for this conditional use. The Council hereby receives the following documents into the record: the St. Charles County Master Plan Year 2025; the Unified Development Ordinance of St. Charles County, Missouri; the application and other documents relied upon by the Planning and Zoning Commission in reaching its determination, attached hereto as Exhibit B; and any other documents relied upon by the Council in reaching this determination. The Director of the Planning and Zoning Division is hereby authorized to acknowledge the approval and conditions of the conditional use permit on Application CUP 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 3

4 CHAIR OF THE COUNCIL COUNTY EXECUTIVE ATTEST: COUNTY REGISTRAR P&Z.Approving 2672 Hopewell Road Nursery CUP F 4

5 EXHIBIT A CONDITIONAL USE PERMIT APPLICATION CUP APPLICATION NUMBER: THE PROPERTY IS PRESENTLY ZONED: IT IS REQUESTED THAT A CONDITIONAL USE BE GRANTED FOR: OWNER OR OWNERS OF PROPERTY: LOCATION OF PROPERTY: CUP A, AGRICULTURAL DISTRICT (5 ACRES MINIMUM LOT SIZE) NURSERY AND LAWN CARE SERVICE ROBERT SHATRO THE PROPERTY IS KNOWN AS 2672 HOPEWELL ROAD, AND IS LOCATED ON THE EAST SIDE OF HOPEWELL ROAD, APPROXIMATELY 675 FEET NORTH OF DIEHR ROAD. THE PROPERTY CONSISTS OF 2.72 ACRES, AND IS LOCATED IN COUNCIL DISTRICT 2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (2.72 AC. TRACT) A TRACT OF LAND BEING PART OF U.S. SURVEY 61, TOWNSHIP 46 NORTH, RANGE 2 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF A COUNTY ROAD KNOWN AS HOPEWELL ROAD, WHICH POINT BEARS SOUTH 83 DEGREES EAST FEET AND SOUTH 7 DEGREES 12 MINUTES WEST FEET FROM THE NORTHWEST CORNER OF SAID SURVEY 61; THENCE SOUTH 82 DEGREES 10 MINUTES EAST FEET TO AN OLD IRON PIPE; THENCE NORTH 7 DEGREES 29 MINUTES EAST FEET TO AN IRON PIPE; THENCE NORTH 82 DEGREES 10 MINUTES WEST FEET TO THE CENTER OF SAID HOPE WELL ROAD; THENCE SOUTH 7 DEGREES 12 MINUTES WEST FEET TO THE POINT OF BEGINNING. CHAIRMAN MATT EHLEN SECRETARY P. ROGER ELLIS ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION

6 Application CUP CONDITIONAL USE PERMIT 2672 HOPEWELL ROAD Application: Applicant: Property Owner: Use Requested: Zoning: Area: Location: Council District: 2 Account No.: A000 CUP Jason Hooper Robert Shatro Nursery and Lawn Care Service A, Agricultural District (5 acres minimum lot size) 2.72 acres On the east side of Hopewell Road, approximately 675 feet north of Diehr Road CONTENTS: Synopsis Staff Recommendation Photo(s) of Site Aerial Photo Surrounding Zoning Map Site Plan Letters Received: None Planning and Zoning Commission minutes from June 17, 2015 meeting

7 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: CONDITIONAL USE PERMIT HOPEWELL ROAD Application: CUP Applicant: Property Owner: Use Requested: Zoning: Area: Location: Council District: 2 Account No.: Jason Hooper Robert Shatro Nursery and Lawn Care Service A, Agricultural District (5 acres minimum lot size) 2.72 acres On the east side of Hopewell Road, approximately 675 feet north of Diehr Road A000 Approval of this bill would grant a conditional use permit (CUP) to allow construction and operation of a nursery and lawn care business. The property is currently vacant, and the applicant proposes to construct a 2,400-square foot building with employee parking. Much of the lot would be used for tree stock for the applicants' landscapers. The facility will not be used for retail sales to the public. Outdoor use for the nursery will include parking, three material storage bins, and areas for tree stock planting. Per County zoning regulations (Section C.18), all equipment for the lawn care business must be stored indoors. Because a residence (2678 Hopewell Rd) is located only about 25 feet south of the property line of the subject premises, the Planning and Zoning Commission has proposed conditions which include additional setbacks and preservation of existing vegetation within 20 feet of the side and rear property lines. 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: 2 Support 0 Opposed 0 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, subject to specific conditions: 9 Approval 0 Denial 0 Abstentions Approval is recommended 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. 201 N. Second St. I St. Charles. MO P F ctypnz sccmo.org I

8 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. Recommendation: The Planning and Zoning Commission at their July 15, 2015 meeting recommended approval with conditions as noted above. County staff concurs with this recommendation. Sincerely, Robert Myers, AIC Director of Planning & Zoning cc: Steve Ehlmann, County Executive Joann Leykam, Director of Administration Harold Ellis, County Counselor 201 N. Second St. I St. Charles, MO P F ctypnz sccmo.org I

9

10

11 CUP Building site

12 Application CUP Aerial Subject Property

13 Application CUP Zoning Subject Property

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

16 III. CONDITIONAL USE PERMIT 2672 HOPEWELL ROAD Application: Applicant: Property Owner: Use Requested: Zoning: Area: Location: CUP Jason Hooper Robert Shatro Nursery and Lawn Care Service A, Agricultural District (5 acres minimum lot size) 2.72 acres Council District: 2 Account No.: A000 On the east side of Hopewell Road, approximately 675 feet north of Diehr Road 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: 1. 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. 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. Page 2 Planning & Zoning Commission Meeting, July 15, 2015

17 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. The vote on the motion was as follows: Page 3 Planning & Zoning Commission Meeting, July 15, 2015

18 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 CUP was recommended for APPROVAL; subject to the staff recommended conditions stated above. The vote count was 9 Yeas, 0 Nays, and 0 Abstentions. Matt Ehlen, Chairman Roger Ellis, Secretary Page 4 Planning & Zoning Commission Meeting, July 15, 2015