None MINUTES OF REGULAR MEETING ST. CHARLES COUNTY PLANNING & ZONING COMMISSION DATE: August 20,2014 TIME: 7:00P.M. PLACE:

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1 MINUTES OF REGULAR MEETING ST. CHARLES COUNTY PLANNING & ZONING COMMISSION DATE: TIME: PLACE: August 20,2014 7:00P.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, Roger Ellis, Kevin McBride, Matthew Ehlen, James Leonhard, Craig Frahm, Thomas Kuhn, Sandra Polley, and David Hammond, County Council Member None Jan Whipple, Land Use Manager; Robert Myers, Planning and Zoning Division Director; Bob Hoeynck, Associate County Counselor; and Sheila Weiss, Recording Secretary SPEAKERS: Application 23582: Application 23790: Application 23856: Kimberly Slaughter, Owner Justin Augenstein, Applicant George Beyer, 90 Plackemeier Drive John Plocinski, 1242 Pinehurst Club Court John Cook, 1275 Pinehurst Club Court Raymond Rockwell, 1270 Pinehurst Club Court David Farhat, 1204 Pinehurst Club Court Linda Farhat, 1204 Pinehurst Club Court Debbie Cook, 1275 Pinehurst Club Court Jack Hartnett, 1226 Pinehurst Club Court None Eric Boschert, Owner 1. 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 relative functions of the Planning and Zoning Division, the Planning and Zoning Commission and the County Council. He also explained to the audience that applications heard during the meeting would be voted on by the Planning & Zoning Commission and the Commission's recommendation on applications would then be introduced to the St. Charles County Council on Monday, September 08, 2014 for their Page 1 Planrting & Zoning Commission Meeting, August 20,2014

2 final decision on the items. Chairman Ehlen then asked for a motion to open the public hearing. Craig Frahm made the motion, and Chairman Ehlen seconded the motion. The motion was affirmed by voice acclimation. 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. 2. CHANGES TO THE AGENDA There were none. 3. PUBLIC HEARINGS Conditional Use Permit- 98 Plackemeier Drive Applicant: Justin Augenstein. Property owners: Bradley R. Slaughter and Kimberly M. Slaughter. Application #23582: An application for a Conditional Use Permit for a lawn care service at 98 Plackemeier Drive. The property is zoned RIB, Single-Family Residential District; RIE, Single-Family Residential District; and C2, General Commercial District; with Floodway Overlay zoning. The subject property consists of acres and is located within Council District 4. Jan Whipple, Land Use Manager described the zoning of the property, the surrounding zoning area and the future land use plan. Mrs. Whipple stated the property has been zoned Single-Family Residential since the inception of zoning except for a one acre portion of the property which has been zoned General Commercial since Mrs. Whipple stated the tenant is seeking approval on a Conditional Use Permit to continue to operate a lawn care service on the portion of the property that is zoned Single Family Residential. Mrs. Whipple pointed out that access to the property was originally made via a bridge over Belleau Creek which was located on the north side of the property on Plackemeier Road until the bridge was removed sometime between the years of 2000 and The owners were granted access to the property sometime between the years of 1998 and 2000 via Pinehurst Club Court, which is located in the Pinehurst Subdivision to the south of the property, and is incorporated into the City of O'Fallon. Mrs. Whipple stated that the staff is not recommending approval on this Conditional Use Permit due to the access to and from the property being through a residential subdivision. Mrs. Whipple stated for the record that the staff had received one letter in opposition, one with comments and questions, and one letter in support for application # Chairman Ehlen asked the Commission if they had any questions for the staff. Councilman Dave Hammond asked Mrs. Whipple if she knew what happened to the bridge that used to be over the creek on Plackemeier Road. Mrs. Whipple stated she was not sure if it collapsed or was removed from the site, but according to available aerial photos it was on the site in the year 2000 and it was not on the site in the year Mr. Hammond asked Mrs. Whipple how the owner acquired access Page 2 Planning & Zoning Commission Meeting, August 20, 2014

3 to the property from Pinehurst Club Court. Mrs. Whipple stated it is her understanding that access was given to the owners by the developer of the Pinehurst Subdivision. Craig Frahm asked Mrs. Whipple what year the Pinehurst Subdivision was developed. Mrs. Whipple stated development began in Mr. Frahm asked Mrs. Whipple if the Pinehurst Subdivision was aware the access to this property was there at the time they began development. Mrs. Whipple responded that she could not confirm whether or not the access on Pinehurst Club Court was there prior to the development of the adjacent houses. James Leonhard asked Mrs. Whipple if the tenant is currently operating a lawn care service on the property. Mrs. Whipple affirmed that Mr. Augenstein is currently operating a lawn care service on the property without a Conditional Use Permit, and that this was brought to the attention of the Planning and Zoning Division due to a complaint that was filed with the Neighborhood Preservation Division regarding large dumpsters and multiple trailers being stored on the property. Mr. Leonhard asked Mrs. Whipple if more than one business is being operated on the property. Mrs. Whipple stated that on the portion of the property that is zoned General Commercial there is a fence and deck contractor. Councilman Dave Hammond introduced photos of the site he had taken the day before to the Commission. Mr. Hammond stated there also appears to be a landscaping company being operated on the property because he observed mulch piles, gravel piles and other items being stored there. Mrs. Whipple stated that ifthe Conditional Use Permit for the lawn care service is granted, outdoor storage of landscaping materials will not be permitted and all of the equipment for the lawn care service will be required to be stored in enclosed storage. There being no more questions for the staff, Chairman Ehlen opened the public hearing and asked the applicant or their representative to approach the podium. Kimberly Slaughter, owner of the property, and the applicant and tenant, Justin Augenstein, were sworn in. Ms. Slaughter stated she acquired ownership of the property one year ago from her ex-husband, and he had previously operated both a landscaping company and a plumbing company from the building located on the portion of the property zoned Single-Family Residential for approximately 10 years and 15 years respectively, with no complaints from any of the neighboring properties. David Hammond asked if there is a landscaping business currently being operated on the property. Justin Augenstein stated his company is a lawn care service, but they do landscaping also. Mr. Augenstein stated he was only recently made aware by the Neighborhood Preservation Division that storage of landscaping materials and multiple trailers and equipment on the exterior of the property is a violation of County ordinances. Mr. Augenstein stated he has moved the majority of the materials and equipment into a storage building on the property, and that items remaining outdoors are not visible from the street or to the neighboring houses on Pinehurst Club Court for at least a distance of 300 feet. Councilman Dave Hammond asked Mr. Augenstein how many employees he has working for his lawn care service. Mr. Augenstein stated he has 6 employees and that typically 3 to 5 employees park their personal vehicles on the property during working hours. Page 3 Planning & Zoning Commission Meeting, August 20, 2014

4 Councilman Dave Hammond stated there were multiple trailers and piles of landscaping items on the property as of August 19th when he visited the site and took photographs. Mr. Augenstein stated that although those items were stored outdoors yesterday and they spent most of yesterday and today moving those items into enclosed storage on the property. Mr. Augenstein stated the only items remaining outdoors are a couple of mulch bins and one ofthose bins is empty. Chairman Ehlen asked if there were any other questions for the owner or the applicant. There were none. Chairman Ehlen asked if there was anyone in the room who wished to speak on this application. George Beyer approached the podium and was sworn in. Mr. Beyer stated that while he admires the fact that Mr. Augenstein stated they have cleaned everything stored outdoors, running a lawn care service on the property is still. a violation of County Ordinances. Mr. Beyer also stated he wants to ensure that the bridge on Plackemeier Road does not get repaired and re-opened, as he is opposed to any commercial traffic from this property being diverted into the residential area to the north on Plackemeier Drive in the Fort Zumwalt Meadows Subdivision. Mr. Beyer further stated that the residents in the area would like to be notified if and when any repairs would be made to re-open this bridge to Plackemeier Road. Chairman Ehlen asked the Board if they had any questions for Mr. Beyer. Roger Ellis asked Mr. Beyer if there is a Homeowners Association in Fort Zumwalt Meadows. Mr. Beyer stated his property is unincorporated and there is not a Homeowners Association. David Hammond asked Mr. Beyer if his subdivision had any issues in the past from the businesses that were using the Plackemeier Road entrance prior to the bridge being removed. Mr. Beyer stated that when the plumbing business was there, they did have issues with the streets being damaged from heavy equipment coming in and out on Plackemeier Road, and he believes that is why the bridge collapsed also. John Plocinski was sworn in. Mr. Plocinski is a board member for the Pinehurst Homeowner's Association. Mr. Plocinski expressed safety concerns, as there are school bus stops located on both sides of the entrance to this property on Pinehurst Club Court. Mr. Plocinski expressed concerns about heavy equipment and delivery trucks coming up and down the street during the times when children are walking to and from their school busses and when they are playing outside in this residential neighborhood. Mr. Plocinski also stated that per his understanding, the property owners were allowed to use this entrance only to access the residence on the property. He also stated that the subdivision indentures specifically state that "No residence or any part shall be used as a boarding house, nursing home, rooming house, clubhouse, road house; nor shall any residence, accessory building or any lot be used or devoted to any manufacturing, commercial or industrial activity whatsoever". Mr. Plocinski stated that the lot in Pinehurst Subdivision is being used for commercial purposes. He showed photographs of damage that has been done to the road on Pinehurst Club Court from heavy equipment and delivery trucks going to and from this property. Mr. Plocinski also presented a petition in opposition of this lawn care service with approximately 89 signatures from residents of Pinehurst. Page 4 Planning & Zoning Commission Meeting, August 20,2014

5 Craig Frahm asked Mr. Plocinski if the property in question is part of the Pinehurst Subdivision. Mr. Plocinski responded that the property is not part of the Pinehurst Subdivision, and Jan Whipple stated the property is part of the Fort Zumwalt Meadows Subdivision. Gary Griffin asked Mr. Plocinski when the indentures for the Pinehurst Subdivision were recorded. Mr. Plocinski stated he was unsure of the original date the indentures went into effect. David Hammond asked Mr. Plocinski if he has happened to observe any of the business names on the delivery trucks or if he had any photos of them. Mr. Plocinski showed photos to the Commission, but none of the businesses names were visible on any of the photographs he provided. Mr. Hammond stated that he was trying to discern whether the delivery trucks were delivering items to the fence and deck company located on the commercially zoned portion of the property or to the landscaping business on the residential portion of the property. Gary Griffin asked Mr. Plocinski how many lots were located in the Pinehurst Subdivision, and Mr. Plocinski stated there are approximately 1 06 lots. Gary Griffin asked Mr. Plocinski if the residents were all required to sign the indentures at the time they purchased the property. Mr. Plocinski responded that he was required to sign them at the time he purchased the property so he would assume the other residents were required to do the same. Mr. Plocinski also showed the Commission photographs of the road conditions and the fence behind the deck company building that operates out of on the commercially zoned portion of the property. He stated that the roads are in poor shape and the fence at the rear of the property has been in disrepair for 5 of the 8 years he has lived there. Craig Frahm asked Mr. Plocinski if he has gone to the City of O'Fallon with his concerns about the road and Mr. Plocinski stated he has sent correspondence regarding the condition of the street and not had any response, but he intends to contact them directly in the near future. John Cook was sworn in. Mr. Cook stated he is concerned that there are not only box trucks but there are large tractor trailers using Pinehurst Club Court, and they are turning right in between two houses at 7:30a.m. and 8:00a.m. when the children are coming outside to get on the school busses. Raymond Rockwell was sworn in. Mr. Rockwell stated he has lived in the Pinehurst Subdivision for 15 years, and until recently he has never noticed any commercial vehicles or delivery trucks coming up and down Pinehurst Club Court. Mr. Rockwell stated the reason may be because the business was previously using the Plackemeier Road entrance on Plackemeier Road until it collapsed, but either way he is opposed to this conditional use permit being granted for the lawn care service. David Farhat was sworn in. Mr. Farhat stated he moved to the Pinehurst Subdivision in 1999 during Phase 2 of the construction and at that time there were construction trailers on the lot but the residents were led to believe that this lot would be the last lot developed, and it would be developed as a residential lot. Mr. Farhat stated he was told that the plumbing contractor that previously had the plumbing business on the commercial portion of this property was also installing the plumbing installations for the developer of Page 5 Planning & Zoning Commission Meeting, August 20,2014

6 the Pinehurst Subdivision, and that some type of agreement was made between them giving access to Pinehurst Club Court to use as an entrance to his property. Mr. Farhat stated he would like to see this access road to Pinehurst Club Court remov.ed and the Plackemeier Road bridge be repaired for access to and from this property. Mr. Farhat also stated he agrees that there are safety concerns due to heavy equipment and delivery trucks using Pinehurst Club Court, and he is also opposed to this conditional use permit. Jack Hartnett was sworn in. Mr. Hartnett stated the bridge from the property onto Plackemeier Road was used when he purchased his property in the Pinehurst Subdivision in January of Mr. Hartnett stated a petition was circulated sometime in the year 2000 by Daniel Holder, the owner of the plumbing company on the property. Mr. Hartnett stated that said petition was asking for approval from the property owners on Pinehurst Club Court to allow a residential driveway for access to his residence on the property. Mr. Hartnett also stated he is concerned about the entire 13 acres of the property being rezoned into the Coin.mercial District, which could cause stormwater runoff on his property and even more commercial traffic in this residential area. Linda Farhat was sworn in. Mrs. Farhat stated she was not asked to sign any petition regarding this entrance onto Pinehurst Club Court, and was not made aware this access road to Pinehurst Club Court was being put in until after it was completed. Debbie Cook was sworn in. Ms. Cook is not only a resident of the Pinehurst subdivision, but she is also the Councilwoman representing Ward 5 for the City of O'Fallon and she is responsible for this area of the City. Ms. Cook stated the City of O'Fallon's Ordinances prohibit the use of property in a residential district from being used as a major access route to any land in a business district. Ms. Cook stated that she has observed tractor trailers coming in and out of the property and clarified that these trucks have long sections of lumber loaded on them and are delivering items to the fencing and deck company located on the commercially zoned portion of the property. Ms. Cook also stated she has only seen dump trucks with mulch coming and going to the lawn care business. Ms. Cook showed the Commission photographs of a fuel tank truck and dump trucks using Pinehurst Club Court. Ms. Cook also showed photographs of fuel holding tanks beside the building with the lawn care business, and pictures of damage to the streets in the Pinehurst Subdivision. Ms. Cook further stated she believes there are currently 3 different lawn care service businesses being operated from this property as she has stated she has seen trucks coming in and out of the property with 3 different company names on them. Ron Saettele asked when the Pinehurst Subdivision was annexed into the City of O'Fallon. Jan Whipple stated the land where the Pinehurst Subdivision was developed was annexed into the City of O'Fallon prior to the development of the Pinehurst Subdivision and the City of O'Fallon approved that subdivision plat. Thomas Kuhn asked Ms. Cook who approved the driveway constructed across the lot to access Pinehurst Club Court. Ms. Cook stated she has been researching this question to try to establish who permitted this access, but from speaking with the residents of Pinehurst, it appears that the developer, Burkemper Homes, and the property owner, Daniel Holder, had an agreement stating that once the subdivision was completed Mr. Holder would be granted access to the property via Pinehurst Club Court. Ms. Cook added that the residents she spoke with told her they were under the impression that Page 6 Planning & Zoning Commission Meeting, August 20, 2014

7 the access would be temporary until Mr. Holder fixed the bridge onto Plackemeier Road. The residents generally did not have an issue with the plumbing business using the access because there were only plumbing vans coming in and out into Pinehurst. Now that the property has changed ownership and there are new businesses the additional traffic is creating problems for the residents. There being no other speakers in regards to this application, Chairman Ehlen asked if the property owner and tenant if they would like to approach the podium to address any of the concerns brought up this evening. Kim Slaughter stated that she understands the neighbor's concerns, and she recently acquired this property from her ex-husband. Ms. Slaughter stated that her ex-husband's father ran his plumbing business from this property back in Ms. Slaughter stated the access to Pinehurst Club Court from this property was given to Daniel Holder from Harold Burkemper and that she does remember a petition being circulated by Daniel Holder and stated the residents all agreed to grant him this access before he poured the concrete driveway. Ms. Slaughter also added that she was unaware that electric, plumbing and framing were added to the bam on the property without the proper permits, and stated she is in the process of getting approval on these items through permits right now. Mr. Augenstein stated that the only improvements he has made to the bam on the property was hanging drywall, and stated the bam had already been framed and the electric and plumbing were also existing. Mr. Augenstein also stated that he spoke to the fuel company at the time the fuel tanks were brought in and asked them if any permits were required and was told by the company they had never heard of any permit requirements for self-contained fuel tanks. Mr. Augenstein added that most of the concerns he heard addressed this evening sound like they pertain to the fence and deck company on the property and not to his lawn care service. He stated the only delivery trucks his company uses are large pickup trucks with tilt up beds that are licensed at 12,000 pounds, and his business uses both Pinehurst View Drive and Pinehurst Club Court to access the property. Mr. Augenstein added that he is only running one lawn care service business from this property. He stated that he has purchased 3 businesses and incorporated them into one lawn care service, and that is the reason there are 3 different logos on the lawn care trucks coming to and from the property. Councilman Dave Hammond stated that the main concern is that the area Mr. Augenstein is operating his business out of is a residential area, and asked Mr. Augenstein if he owns the property or leases the property. Mr. Augenstein stated he leases the property. Chairman Ehlen closed the public hearing and called for discussion from the Commission. There being no discussion, Gary Griffin made a motion to approve Application # The motion for approval was seconded by James Leonhard. Page 7 Planning & Zoning Commission Meeting, August 20,2014

8 The vote on the motion was as follows: Mr. Saettele -No Mr. McBride -No Mr. Frahm -No Mr. Hammond -No Mr. Griffin -No Mr. Ehlen -No Mr. Kuhn Ehlen -No Mr. Ellis -No Mr. Leonhard -No Ms. Polley -No Application #23582 was recommended for DENIAL by a vote ofo-yes, 10-No, and 0-abstentions. PRELIMINARY PLAT- The Woods at Duello Crossing (1175 Duello Road) Developer: Waterside Crossing LLC. Engineer: Cole & Associates. Application #23790: Application for a preliminary plat to develop three lots on 9.91 acres on the west side ofduello Road at Gold Mine Drive. The property is zoned RR, Single-Family Residential District (3 acres minimum lot size) and RRIFW, Single-Family Residential District (3 acres minimum lot size) with Floodway Overlay District. The property is located within Council District 2. Jan Whipple, Land Use Manager, stated staff received a written communication from the developer requesting this plat be tabled. Chairman Ehlen asked the Commission if they had any questions for the staff. There were none. Chairman Ehlen asked for a motion to table Application # The motion to table was made by Roger Ellis and seconded by Gary Griffin. Application # was TABLED by a unanimous voice acclamation. Rezoning request Duello Road Applicant/owner: Eric Boschert. Application #23856: An application to rezone 5.0 acres from A, Agricultural District (5 acre minimum lot size) and A/FW, Agricultural District (5 acre minimum lot size) with Floodway Overlay District to RIA, Single-Family Residential District (1 acre minimum lot size) and R1A/FW, Single-Family Residential District (1 acre minimum lot size) with Floodway Overlay District at 1221 Duello Road. The property is located within Council District 2. Jan Whipple, Land Use Manager described the zoning of the property, the surrounding zoning area and the future land use plan. Mrs. Whipple stated for the record staff had received no letters regarding this application. Chairman Ehlen opened the public hearing and asked the applicant or their representative to approach the podium. Page 8 Planning & Zoning Commission Meeting, August 20,2014

9 Eric Boschert, owner and applicant was sworn in. Mr. Boschert stated he is asking for this property to be rezoned so he can build a wider house than would be allowed under the current zoning which now requires of a 40 foot minimum side yard setback. Chairman Ehlen asked the Commission if they had any questions for Mr. Boschert. Councilman Dave Hammond asked who the water and sewer service providers will be for this property. Jan Whipple stated that Public Water Supply District #2 is the water service provider, and there is currently no sewer access for this property. Councilman Hammond asked how many acres the property is. Jan Whipple responded the property is almost 5 acres. Ron Saettele asked Eric Boschert if he plans to live in the residence he is planning to build on this property. Mr. Boschert stated he does plan to reside there. There being no other questions for the applicant, Chairman Ehlen asked if there was anyone in the room who wished to speak on this application. There were no speakers. Chairman Ehlen closed the public hearing and called for discussion from the Commission. There was no discussion. Chairman Ehlen asked for a motion to recommend approval for Application # The motion to approve was made by Gary Griffin and seconded by Dave Hammond. The vote on the motion was as follows: Mr. Saettele -Yes Mr. McBride -Yes Mr. Frahm -Yes Mr. Hammond -Yes Mr. Griffin -Yes Mr. Ehlen -Yes Mr. Kuhn Ehlen -Yes Mr. Ellis -Yes Mr. Leonhard -Yes Ms. Polley -Yes Application #23856 was recommended for APPROVAL by a vote of 10-Yes, 0-No, and 0-abstentions. 4. OTHER BUSINESS: Chairman Ehlen asked for a motion to approve the minutes for the July 16, 2014 meeting. The motion was made by Ron Saettele and seconded by Thomas Kuhn. The minutes were approved by unanimous voice vote. 5. COMMUNICATIONS Chairman Ehlen asked if there was any other business to discuss. There was none. Page 9 Planning & Zoning Commission Meeting, August 20, 2014

10 6. ADJOURNMENT OF MEETING Chairman Ehlen called for a motion to adjourn the meeting. The motion was made by Kevin McBride and was seconded by James Leonhard. The motion to adjourn was approved by unanimous voice vote, and the meeting adjourned at 8:10p.m. Matt Ehlen, Chairman Page 10 Planning & Zoning Commission Meeting, August 20, 2014