CITY OF LAKE SAINT LOUIS PLANNING AND ZONING COMMISSION REGULAR MEETING MARCH 1, 2018

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1 The City of Lake Saint Louis Planning and Zoning Commission met on March 1, 2018, 7:00 p.m. at Lake Saint Louis Civic Center in Board Chambers, 200 Civic Center Drive, Lake Saint Louis, Missouri. ROLL CALL: Chairman Pearson Buell called the meeting to order. Present: Commissioners Rhonda Ferrett, William Fridley, Tom Mispagel, Tom O Connor, Dominique Stoddard, and Mayor Kathy Schweikert. Absent: Commissioner Glen Heiman and Alderman Law. Also present: Louis Clayton, Director of Community Development; Matthew Kuelker, Senior Project Manager; and Brenda Cueller, acting as recording secretary. APPROVAL OF AGENDA: MOTION TO APPROVE: Vice Chairman Mispagel made a motion to approve the March 1, 2018 regular meeting agenda. The motion was seconded by Commissioner Ferrett and the motion carries. MOTION TO APPROVE THE AGENDA IS HEREBY APPROVED, AS NOTED ABOVE. MINUTES: February 1, 2018 MOTION TO APPROVE MINUTES: Vice Chairman Mispagel made a motion to waive the reading of the minutes from the February 1, 2018 Planning and Zoning Commission regular meeting and approve as submitted. The motion was seconded by Commissioner Ferrett and the motion carries. THE MINUTES FROM THE FEBRUARY 1, 2018 PLANNING AND ZONING COMMISSION ARE HEREBY APPROVED, AS NOTED ABOVE.

2 PUBLIC COMMENT: There was no comment and the meeting continued. PUBLIC HEARING - UNFINISHED BUSINESS: PUBLIC HEARING NEW BUSINESS Villa Drive Mya Terrace Subdivision Zoning Amendment and Preliminary Development Plan: Consideration of a request by Joe Moran to re-subdivide Lots A and B into eight fee simple lots to be known as Mya Terrace Subdivision and to construct four attached townhomes. Chairman Buell opened the meeting to a public hearing as duly advertised in a legal publication on the above noted topic. Joe Moran, applicant, stated he was requesting to construct four attached townhomes similar to what he built at Breezy Knoll. This parcel was originally platted with eight townhomes, four of the townhomes were built in Mr. Moran said he would like to build the additional four townhomes. He also noted that the existing townhomes will be subdivided into separate lots. He noted the 7.2 units per net acre for this development is consistent with existing homes in the area and described the type of housing within the area. Mr. Moran said he has built homes in the City and built homes on fill lots within the CA area. He noted he has done remodeling and construction and presented pictures of homes he has built or remodeled. Mayor Schweikert asked what the color of the townhomes would be. Mr. Moran said the exact color of the existing townhomes clay and earth tones. Vice Chairman Mispagel noted Mr. Moran was changing the lots from two to eight. 2

3 Mr. Moran said the plat deeded the property together as one unit. His change would allow someone to buy a single-family home. The Commission discussed maintenance of the units if sold separately and density increase. Louis Clayton, Director of Community Development, stated the request for rezoning is for the density request and lot width, lot area, and setback standards. This property is zoned MR Multi-Family Residential District and was originally subdivided into eight townhomes on fee-simple lots in Mr. Clayton said four townhomes were built in 1985 and the remaining four townhomes were never built. In 1999 the property was resubdivided and the eight lots were combined into two lots. The applicant is proposing to re-subdivide the existing Lots A and B into eight fee-simple lots and construct four new townhomes on Lots 5 through 9. Mr. Clayton said this project does not comply with a number of development standards found in the MR Zoning District and therefore, rezone to PR Planned Residential District and a Preliminary Development Plan. The density is 7.2 units per net acre which exceeds the maximum 6 units per net acre permitted in the PR Zoning District but is within the range of the 6 to 12 units per net acre recommended in the Comprehensive Plan. The Board of Aldermen, upon recommendation of the Planning and Zoning Commission, has the authority to increase allowable density in the PR Zoning District, on a case-by-case basis. The proposed townhomes will each have a driveway off Villa Drive. The City s contracted arborist has approved the ten street trees to be placed and two landmark trees to be removed. Mr. Clayton said staff if of the opinion that the proposed development complies with the applicable requirements of the PR Zoning District and the recommendation of the City s Comprehensive Plan. The proposed project density is 7.2 units per acre is consistent with the Comprehensive Plan s recommendation for 6 to 12 units per net acre. Mr. Clayton stated the proposed development is consistent with the original subdivision of the property in 1984 for eight townhomes and is compatible with adjacent land uses. Staff recommends 3

4 approval of the requested Zoning Amendment and Preliminary Development Plan to the Board of Aldermen with conditions listed in staff report. Mark Graves, 214 Villa Drive, stated he opposed the development noting concerns with traffic, safety on Villa Drive, and property value. William Swann, 204 Villa Drive, stated his opposition to the development noting concerns with street access to Villa Drive, visibility and sight distance. Bill Braun, 211 Villa Drive, stated his opposition to the development noting concerns with safety on Villa Drive and property value. Mr. Braun said there are two legacy trees on the property that will need to be removed and his property will no longer be lakeview. Melisa Van Dolah, 205 Villa Drive, stated she is the President of the Villas Homeowners Association and noted concerns with the safety on Villa Drive, loss of property value, and loss of lakeview. Sharon Yumo, 216 Villa Drive, stated she opposed the development with concerns of rentals, speeding and safety on Villa Drive, property value. Mike Sheeley, 213 Villa Drive, stated his opposition to the development noting his concern of no longer having a lakeview from his property. Tammy Braun, 211 Villa Drive, stated her opposition of the development noting concerns with this building being in her backyard, safety on Villa Drive due to no sidewalks, the street being narrow and a blind curve. Charles Johnson, 209 Villa Drive, stated his opposition of the development with concerns of safety on Villa Drive, property value and density. He noted that almost 70 feet of his sewer line is under this structure. Mr. Johnson said the 2015 International Code requires clean outs every 100 feet with 100 feet being located in the middle of this development. This would decrease his property value. 4

5 Brad Hoganmiller, 212 Villa Drive, stated he opposed the development noting concerns with cars parked in driveway to further obstruct the view. Christie Aussreker, 209 Villa Drive, read from a prepared statement opposing the development noting concerns road safety, issue for parking, and what will be placed to block her view of the driveways. Alex Braun, 211 Villa Drive, stated his opposition to the development noting concerns with road safety. Mary Sheeley, 213 Villa Drive, stated her opposition to the development noting concerns with her lakeview being removed, property value and road safety. Jack Moran, 621 Woodchuck Lane, stated he was in favor of the development and believed other children should be able to enjoy Lake Saint Louis. The Public Hearing is closed. The Commission discussed the number of units per net acre and the condition of Villa Drive. MOTION TO RECOMMEND APPROVAL: Vice Chairman Mispagel made a motion to recommend approval of the requested Zoning Amendment and Preliminary Development Plan to the Board of Aldermen as submitted with conditions in staff report. The motion was seconded by Commissioner Ferrett and the motion unanimously fails. MOTION TO RECOMMEND APPROVAL OF THE REQUESTED ZONING AMENDMENT AND PRELIMINARY DEVELOPMENT PLAN TO THE BOARD OF ALDERMEN AS SUBMITTED WITH CONDITIONS IN STAFF REPORT IS HEREBY DENIED, AS NOTED ABOVE. 2. Modification of the Parking Space Required Text Amendment: Consideration of a request by the City of Lake Saint Louis for review of textual amendments to Municipal Code Title IV: Land Use, 5

6 increasing the total number of parking spaces that may be reduced through the site plan review process. Chairman Buell opened the meeting to a public hearing as duly advertised in a legal publication on the above noted topic. Mr. Clayton said the Municipal Code reads the total number of parking spaces required for mixed-use and commercial developments may be reduced up to 20 percent through the site plan review process where same is justified to the satisfaction of the City by the parking analysis submitted by a traffic engineer or planner. There are two projects currently under consideration to request a reduction in the number of required parking spaces which exceeds what is currently permitted in the Municipal Code. Thrive Lake Saint Louis, a multi-family residential development, is requesting a 67 percent reduction in the minimum parking requirements. The Meadows is requesting a 29 percent reduction in the minimum parking requirements. Mr. Clayton said in order to provide additional flexibility in the City s parking requirements, staff proposes the following text amendments which will give the Board of Aldermen the authority to decrease the number of required parking spaces beyond 20 percent for mixed-use, commercial, and multi-family residential developments on a case-by-case basis. (Text removed will be struck through and new text bolded.) Chapter 430: Additional Development Standards Article II: Off-Street Parking and Loading Section : Modification of the Parking Space Required The total amount of parking space required for a given lot or parcel may be reduced by site plan review as provided in this Chapter 430 under the following circumstances: In any development where a mixture of residential uses and office or retail uses is permitted, the combined total number of parking spaces required for such combination of uses may be reduced up to twenty percent (20%) where same is justified to 6

7 the satisfaction of the City by the parking analysis submitted by a traffic engineer or planner. In any commercial, mixed-use or multi-family residential development, the total number of parking spaces required for the permitted uses may be reduced up to twenty percent (20%) where same is justified to the satisfaction of the City by the parking analysis submitted by a traffic engineer or planner. Staff recommends approval of the proposed text amendments to the Board of Aldermen. The Commission discussed the reduction in parking. Doug Tiemann, Pickett, Ray & Silver, stated his experience on parking, it has changed dramatically since this ordinance was put into place. A lot more pavement has been placed than is needed. He noted at The Meadows 20 percent of parking is being used and 80 percent is not being used. In mixed-use many walk. Mr. Tiemann said in New Town all the parking has been reduced and they have been working very well. Michael Doster, Swingley Ridge Road, Chesterfield, MO stated the nature of The Meadows that was envisioned. He noted there has been some challenges change in retail and the recession. Mr. Doster said there is an opportunity for The Meadows to fit in with the City s Comprehensive Plan and fit in with shoppers. He stated without this vision, The Meadows cannot move forward. He said mixed-use developments are over parked, too much asphalt. What is trending is not all parking is needed. New Codes are being passed. Mr. Doster said if they need to get a variance, it will be very difficult to obtain what is required. Board of Adjustment is not the answer and flexibility is needed. Changes are needed to accomplish this type of development. Vice Chairman Mispagel stated to change the number instead of reduce up to 20 percent takes away the safeguard. 7

8 Kim Pfalz, 851 Waterford Villas Drive, stated she believed the number of parking spaces per bedroom was not accurate. The Public Hearing is closed. The Commission discussed the parking required at this development. MOTION TO RECOMMEND APPROVAL: Vice Chairman Mispagel made a motion to recommend approval of the proposed Text Amendments to the Board of Aldermen as submitted. The motion was seconded by Commissioner Ferrett and the motion carries. MOTION TO RECOMMEND APPROVAL OF THE PROPOSED TEXT AMENDMENTS TO THE BOARD OF ALDERMEN AS SUBMITTED IS HEREBY GRANTED, AS NOTED ABOVE. 3. Thrive Lake St. Louis Zoning Amendment, Preliminary Development Plan, Site Plan Review, and Special Use Permit: Consideration of a request by ERC Holdings, LLC to construct 220 multi-family dwelling units in eleven buildings and related site improvements to be known as Thrive Lake St. Louis. Chairman Buell opened the meeting to a public hearing as duly advertised in a legal publication on the above noted topic. Doug Tiemann, Pickett Ray & Silver, stated the applicant was proposing a Rezoning Amendment, Preliminary Development Plan, Site Plan Review and Special Use Permit to rezone two lots at the existing Meadows development. Mr. Tiemann stated the location of the development is at the northeast corner of Technology Drive and the southern entrance to The Meadows. He noted that there will be 11 buildings with a series of two to three stories and 220 apartments. Mr. Tiemann discussed streets and pedestrian circulation, parking, stormwater management, landscaping, lighting and open space. A PowerPoint presentation was presented which displayed the layout of the development. It was noted that there would be courtyards between buildings, 6- to 7-feet grass strips along the ring road, with a 72 white fence along the side of the development adjacent to 8

9 existing homes/businesses. The buildings closest to Ballantrae will be two stories and over 100 feet from the subdivision. Rod Coleman said David Conyers, Architect, was ill and he would try and answer any questions of architecture. He discussed the architecture of the buildings stating mechanical equipment will be shielded from view and 285 parking spaces will be contained on Thrive property. Vice Chairman Mispagel said he was concerned with the number of parking spots on the property. Louis Clayton, Director of Community Development, stated the property measures 8.26 acres and is currently zoned HC Highway Commercial and designated as a future development area in The Meadows. The applicant is proposing to subdivide the property into two lots and construct 220 multi-family residential units in 11 buildings. He noted that multi-family residential use in not permitted in HC District, so the applicant is proposing a Zoning Amendment. The density on this site of units per net acre exceeds the maximum of six units per net acre permitted in the PD Zoning District. The Comprehensive Plan recommends high intensity residential densities for the Meadow s District but does not recommend a specific range of densities. The Board of Aldermen, upon recommendation of the Planning and Zoning Commission, has the authority to increase the allowable density in the PD Zoning District on a case-by-case basis. Mr. Clayton stated staff is of the opinion that the proposed development complies with the applicable requirements of the PD Zoning District, contingent upon approval from the Board of Aldermen for reductions in the number of required parking spaces and amount of open space. The proposed development is consistent with the recommendations of the Comprehensive Plan, and staff is of the opinion that the development is compatible with adjacent land uses. Staff recommends approval of the requested Zoning Amendment, Preliminary Development Plan, Site Plan Review, and Special Use Permit to the Board of Aldermen with eight conditions (minor revision in Number 3.d. change perpendicular to parallel ): 9

10 1. Show the following information on the site plans: a. Existing utilities, public and private, such as water, sanitary sewer, storm sewer, electrical, gas, etc. and indicate size and location. b. All proposed utilities, including location and size. Note and show all utility services shall be located underground, and bored under existing City of Lake Saint Louis streets. c. Label all proposed and existing grades that are 4:1 or greater. Grades are not to exceed 3:1. d. Differentiate between the asphalt pavement and concrete pavement. 2. Correct the inconsistencies between the property boundaries for Lot B on the architectural and civil site plans. 3. Revise the pedestrian circulation plan as follows: a. Add sidewalks on the south side of Building C. b. Add sidewalks connecting Buildings I, J, K to the proposed sidewalk along Fountain Grass Drive. c. Add an east-west crosswalk at the southwest corner of Building C. d. Redesign the crosswalk at the northwest corner of Building A so that the curb ramps are parallel to the north/south drive lane. 4. The crosswalk and streetscape design shall be compatible with the existing design and materials found in The Meadows, subject to approval by the Development Review Board. Particular effort should be made so that the streetscape along the west side of Building A, and the north side of Buildings A and B matches the existing streetscape which includes but is not limited to sidewalks, street trees, benches, and lighting. 5. The landscape plan shall be revised as follows: a. Add additional notes on planting detail, particularly removal of excess material and application of mulch. b. The proposed Chanticleer Pear trees are invasive and should be replaced with a species form the City s recommended tree list excluding maples, if possible, based on the existing species composition. 6. Submit a photometric plan to verify conformance with the approved photometric plan for The Meadows, and provide details on the location and design of all building and site lighting fixtures. 7. The proposed private recreational amenities meet the standards set forth in Section E.3 of the Municipal Code and therefore satisfies 50 percent of the total parkland dedication requirement. The subdivider/developer shall pay a cash contribution in lieu of parkland dedication in the amount of $77,000 in accordance with Section F.2 of the Municipal Code, prior to the issuance of a grading permit. 10

11 8. The private recreational amenities shall be restricted for recreational purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City. The Commission discussed the amenities at this development and parking space reduction. Ed Young, 2613 Braemar Parkway, stated he is the original property owner and President of Ballantrae Homeowners Association and had concerns regarding density, screening being maintained, increasing the height of the fence, and parking. Linda Larson, 849 Waterford Villas Drive, stated she had concerns of Technology Drive becoming congested with the increase of residents. She wanted to know if there were any plans to widen Technology Drive. Don Peters, 31 Grasmere Court, stated his opposition to the development with concerns of noise, density, parking, and size. Kim Pfalz, 851 Waterford Villas Drive, stated she thinks the project will work but does not think the parking will work. Bethany Pirtle, 513 Keswick Drive, stated she has concerns regarding parking, noise, privacy, and green space. Public Hearing closed. The Commission discussed the development and parking. The General Manager for The Meadows stated they have seven tenants waiting for this to happen. MOTION TO RECOMMEND APPROVAL: Commissioner Ferrett made a motion to recommend approval of the requested Zoning Amendment, Preliminary Development Plan, Site Plan Review, and Special Use Permit to the Board of Aldermen, with conditions one through eight listed in the City s staff report. The motion was seconded by Vice Chairman Mispagel. A roll call vote was taken. Ayes: Commissioner Ferrett, Commissioner Fridley, Commissioner Mispagel, 11

12 Commissioner O Conner, Commissioner Stoddard, Chairman Buell, Mayor Schweikert; Nays: none. The vote is 7 to 0 and unanimously passes. MOTION TO RECOMMEND APPROVAL OF THE REQUESTED ZONING AMENDMENT, PRELIMINARY DEVELOPMENT PLAN, SITE PLAN REVIEW, AND SPECIAL USE PERMIT TO THE BOARD OF ALDERMEN, WITH CONDITIONS ONE THROUGH EIGHT LISTED IN THE CITY S STAFF REPORT AS SUBMITTED IS HEREBY GRANTED, AS NOTED ABOVE. 4. The Meadows of Lake Saint Louis Amended Site Plan Review: Consideration of a request by Ravid Lake St. Louis II LLC, to reduce the total site area from 49.6 acres to 41.4 acres and to reduce the total number of required parking spaces. Chairman Buell opened the meeting to a public hearing as duly advertised in a legal publication on the above noted topic. Doug Tiemann with Pickett Ray & Silver stated based on current Lake Saint Louis Code, The Meadows at Lake Saint Louis does not meet the current Lake Saint Louis Code for parking spaces. Using gross leasable space, the calculations for retail and restaurant use require 2,146 parking spaces. There are currently 1,763 parking spaces, which calculates to a shortage of 383 spaces. Some existing parking spaces will be allocated to the proposed apartment development and additional parking spaces will be added with the apartment development. There will also be 73 existing parking spaces which will be designated as joint-use parking spaces between the retail development and apartment development. The Code also allows a reduction of 20% of the required parking spaces in a mixeduse development. Utilizing this mixed-use reduction, the total number of required parking spaces would be 1,922 and the total parking spaces provided is 1,796. Therefore, the overall parking will have a shortage of 126 parking spaces. Public Hearing closed. 12

13 MOTION TO RECOMMEND APPROVAL: Vice Chairman Mispagel made a motion to recommend approval of the proposed Amended Site Plan as submitted. The motion was seconded by Commissioner Ferrett and the motion carries. MOTION TO RECOMMEND APPROVAL OF THE PROPOSED AMENDED SITE PLAN AS SUBMITTED IS HEREBY GRANTED, AS NOTED ABOVE. OTHER BUSINESS: 1. Development Review Board Representative: Selection of a Planning and Zoning Representative to the Development Review Board (DRB). The Planning and Zoning Commissioner selected William Fridley as the Planning and Zoning Representative to the Development Review Board. COMMISSION DISCUSSION & COMMENTS FROM STAFF: ADJOURNMENT: There being no further business to come before the Planning and Zoning Commission, the meeting was, on motion duly made, seconded and unanimously voted on, adjourned at 9:30 p.m. Approved Brenda Cueller Serving as recording secretary of the meeting 13