CUP17-12 CONDITIONAL USE PERMIT REQUEST- EBERT LANE

Transcription

1 CUP CONDITIONAL USE PERMIT REQUEST- EBERT LANE Application: Applicant: Owner: Use Requested: Property Zoning: Area: Location: CUP17-12 DJM Ecological Services, Incorporated Jonathan R. Wingo and Deborah J. Wingo Joint Revocable Trust Agreement Nursery A, Agricultural District 7.01 acres On the northwest terminus of Ebert Lane Council District: 2 Account No.: T and T CONTENTS: Site Plan Staff Recommendation Photo(s) of Site Aerial Photo Surrounding Zoning Map Letters Received: None

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6 STAFF RECOMMENDATION To: St. Charles County Planning & Zoning Commission Prepared by: Mark Price Jr. A.I.C.P. Application No.: CUP17-12 Date: September 20, 2017 GENERAL INFORMATION Owner/Applicant: Existing Zoning: Existing Land Use: Requested Action: Location: Size: Adjacent Land Uses and Zoning: Year 2025 Plan: Zoning History: Jon R. Wingo A, Agricultural District Vacant Conditional Use Permit to expand an existing nursery On the Northwestern terminus of Ebert Ln, adjoining Wentzville 7.01 Acres Direction Zoning District Existing Land Use North Incorporated, City of Single Family Residential Wentzville South A, Agricultural District Single Family Residence and Vacant Agricultural East A, Agricultural District Single Family Residence and Vacant Agricultural West A, Agricultural District Vacant Agricultural Low Density Residential This property has been zoned Agriculture since the inception of zoning in SPECIAL INFORMATION Public Services: County Council District 2 Joe Brazil School District Wentzville School District Fire District Wentzville Fire District Utilities: Water Public Water Supply #2 Sewer City of Wentzville service area, Individual Wastewater Treatment System PETITIONER S REQUEST The petitioner is requesting an expansion of a previously approved Conditional Use Permit, CUP #655. The existing Conditional Use Permit is for the applicant, Jon Wingo, to operate a Nursery. He is requesting the expansion of the Conditional Use Permit to the property located immediately adjacent to the south of the existing location. The applicant wishes to construct a 70 foot wide by 150 foot long pole barn with an attached storage/office space of approximately 60 foot wide by 40 foot long on the west side of the building. There will also be a lean to located on the eastern end of the building that will be 55 feet wide and 20 feet long. The Page 1 of 3

7 applicant states the building will be used to store of equipment and materials now stored outdoors and in the process clean up the property. ANALYSIS During the review of the initial Conditional Use Permit request in 2005, staff had recommended denial for several reasons. Staff, at the time, felt the intent of a Conditional Use Permit for a nursery was to allow such a business to be operated in an area located on an arterial street with traditional agricultural land uses surrounding the subject property. As this property is located at the end of a private street and is surrounded primarily by residential homes, staff did not feel, at the time, that the intent of this type of Conditional Use Permit was met. Staff also felt that the traffic generated by the business and the use of equipment traditionally associated with nurseries would have a detrimental impact on the area. In the review of the site, the private gravel drive was thought to not be designed for the proposed traffic loading the business would cause. Staff also stated the 2015 Land Use Master Plan had designated the property as Medium Density Residential and as such the proposed commercial use of the property would be inappropriate and against the 2015 Land Use Master Plan. The existing Conditional Use Permit (application number #C655) for this nursery was approved by County Council on December 20, It was for the property located at the northwestern terminus of Ebert Lane and has account number T The Conditional Use Permit contained three conditions: 1. A site plan was required to be submitted and approved by the St. Charles County Community Development Department. 2. The north side of the property must have vegetative buffering along the barbed-wire fence. 3. The nursery must be wholesale only. In the twelve years since the initial Conditional Use Permit was approved there have been no known violations or complaints submitted to the County referencing the property. The conditional use has not had a detectable negative impact on the property values in the neighborhood. When the 2025 Land Use Master Plan was adopted the designation for the area was changed to Low Density Residential. This proposed land use is still not in conformance with the proposed Land Use Master Plan. In reviewing an expansion of an existing Conditional Use Permit, Staff takes into account how the existing CUP has performed and what the impacts have been on the neighborhood when considering expansions of CUP s. Staff also reviews Section B of the Unified Development Ordinance. This section specifies the factors to be used in considering and reporting on Conditional Use Permit applications. The conditions are as follows: Before authorizing the issuance of a conditional use permit, the County Council may impose such conditions and will, in the County Council s judgment ensure that the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger public health, safety, or general welfare; that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood; and that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The proposed expansion of the Conditional Use Permit would decrease the likelihood of any negative effects being placed upon the public s health, safety or general welfare as the applicant Page 2 of 3

8 is proposing to bring the equipment and materials used in the business inside of the proposed building rather than storing the materials and vehicles outside. The proposed Conditional Use Permit is an expansion of an existing Conditional Use Permit that was issued in After a search of the County s records, no violations or complaints have been found regarding the property. It appears that the Conditional Use Permit has not caused injuries to the use and enjoyment of other properties in the vicinity. The properties that have sold since the inception of the Conditional Use Permit generally have increased their sales price between 15% and 24% according to the County Assessor s sale price records. There are no records of the existing Conditional Use Permit impeding the normal and orderly development and improvement of the surrounding property. RECOMMENDATION The Planning and Zoning Division recommends that the Planning and Zoning Commission recommend approval of the application as conforming to the criteria of Section B. of the County Code and subject to the following conditions: 1. The Conditional Use shall substantially conform to the approved CUP concept plan. 2. Before this conditional use may be expanded, a site plan shall be submitted by the applicant and approved by St. Charles County as complying with Section E and Section of the County Code. 3. The north side of the property must have, at a minimum, a type 2 vegetative buffer along the barbed-wire fence as defined by Exhibit A in section of the County Code. 4. The nursery must be wholesale only. 5. The property owner shall combine the two properties under this Conditional Use Permit into one parcel so as to comply with the minimum area and lot requirements of the A, Agriculture, District. 6. All storage shall be under or within a roofed structure unless otherwise shown on the approved CUP concept plan. Page 3 of 3

9 CUP17-12

10 Subject Properties Subject Property Subject Properties CUP EBERT LN Aerial

11 CUP EBERT LN Zoning Subject Properties