Zoning; Keith Hazelwood, County Counselor; and Sheila Weiss, None

Transcription

1 MINUTES OF REGULAR MEETING ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION DATE: TIME: PLACE: APRIL 19, :00 P.M. COUNTY EXECUTIVE BUILDING 300 N. THIRD ST. THIRD FLOOR COUNCIL CHAMBERS ST. CHARLES, MO MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: and Recording Ron Saettele; Gary Griffin; Kevin McBride; Roger Ellis; Kevin Cleary; Jim Leonhard; Tom Kuhn; Robert McDonald; and County Councilman Mike Klinghammer Craig Frahm Jan Whipple, Land Use Manager; Robert Myers, Director of Planning Zoning; Keith Hazelwood, County Counselor; and Sheila Weiss, Secretary SPEAKERS: PRE17-04: RZ17-03 & PRE17-03: RZ17-041: RZ17-05: CUP17-03: FWK17-10: None Dale Bax, Owner's Representative Karrie Copeland, Owner; Michael Missey, 2415 Oak Drive Shane Tamborski, contract purchaser Russell Been, Applicant Luke Bollinger, Applicant Amend CUP C525: Gary Sullivan, applicant; Bill Dunsing, 333 Old Colony Road and Bill Wooten, Property Owner CALL TO ORDER Vice-Chairman Gary Griffin called the meeting to order at 7:00 PM. Following the Pledge of Allegiance, Vice-Chairman Gary Griffin 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. He explained to the audience that applications for Page 1 Planning and Zoning Commission Meeting, April 19, 2017

2 rezonings and conditional use permits requests heard during the meeting would be voted on by the Planning and Zoning Commission, and the Commission's recommendation on the applications would then be introduced to the St. Charles County Council on Monday, May 08, 2017 for their final decision on the items. Applications for temporary fireworks stands will be voted on by the Commission, and unless they are denied, the vote will be final. Vice-Chairman Gary Griffin introduced the following documents into the 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 THE APPLICANT HAS REQUESTED TO TABLE THIS APPLICATION: I. PRELIMINARY PLAT FOR BIG HILL ESTATES -HIGHWAY Y Application: Engineer: Owner/Developer: Property Zoning: Area: Number of lots: Location: Council District: Account No.: PRE17-04 Metron Surveying & Layout Company Big Hill, LLC RR, Single-Family Residential District (3 acre minimum lot size) Acres 5 On the west side of Highway Y, approximately 1,675 feet south of Mack Lane 1 A Vice-Chairman Gary Griffin stated that the applicant has requested to table this application. Vice-Chairman Gary Griffin then asked for a motion to table Application PRE Roger Ellis made~ motion to Table Application PRE17-04, and the motion was seconded by Jim Leonhard. The application was TABLED by unanimous voice acclamation. PUBLIC HEARINGS I. REZONING REQUEST AND PRELIMINARY PLAT FOR FOREST LAKE ESTATES PLAT AND 3771 FOREST MEADOW DRIVE Application: Owner/Developer: Applicant: Current Zoning: Requested Zoning: RZ17-03 & PRE17-03 John C. Bax & Sophia M. Bax Joint Revocable Living Trust Bax Engineering Company, Incorporated A, Agricultural District (5 acre minimum lot size) RR, Single-Family Residential District (3 acre minimum lot size) Page 2 Planning and Zoning Commission Meeting, April 19, 2017

3 Area: Number of lots: Location: Council District: Account No.: 6.56 acres 2 On the north side of Forest Meadow Drive, approximately 2,000 feet east of Hwy DD 2 A and T Jan Whipple, Land Use Manager, described the zoning of the property, the surrounding zoning area, and the future land use plan. On February 13, 2006 the minimum lot size for parcels zoned A, Agricultural, was revised from a minimum of 3 acres to 5 acres by Ordinance The preliminary plat for Forest Lake Estates was approved prior to this ordinance change, however, the preliminary plat expired prior to a final plat being filed for development of these two parcels. Staff has reviewed the application to rezone the subject site from A, Agricultural District to RR, Single Family Residential District (minimum lot size of 3 acres) and finds the proposed rezoning appropriate for the property. The property is located in the nearly fully-developed Forest Lake Estates subdivision with an average residential lot size of 3 acres. These lots are zoned A, Agricultural; however the subdivision, as noted above, was developed prior to the change to the minimum lot size of 5 acres for Agricultural zoning. In addition, the 2025 Land Use Plan calls for Rural Residential density for this area. Rural Residential density is defined as development of a parcel with less than 1 unit per acre. The RR district requires a minimum of 3 acres per unit which meets this density plan. Prior to development of the parcel, Forest Lakes Estates Preliminary Plat Four must be approved by the Planning and Zoning Commission. The Planning and Zoning Division Staff recommends approval of the zoning change from A, Agricultural to RR, Single Family Residential. The density and lot areas proposed are in keeping with other area developments. The zoning change to RR, Single-Family Residential District (3 acre minimum lot size) matches the future land use plan for the area. For the record, the Planning and Zoning staff did not receive any written communications regarding this rezoning request. Vice-Chairman Gary Griffin asked the Commission if they had any questions for the staff. There were no questions. Vice-Chairman Gary Griffin opened the public hearing and asked the owner or owner's representative to approach the podium. Dale Bax, Engineer and owner's representative, was sworn in. Mr. Bax stated that this plat was previously approved in 1996 for minimum 3-acre lot sizes under the Agricultural Zoning District, but the preliminary plat expired and the Agricultural Zoning District now requires 5-acre minimum lot sizes. Therefore, they are applying to rezone the property to RR, Single-Family Residential District (3 acre minimum lot size) in order to create two additional 3 acre lots to the development. Vice-Chairman Gary Griffin asked the Commission if they had any questions for the owner's representative. There were no questions. Vice-Chairman Gary Griffin then asked if there was anyone in the audience who would like to speak on this application. There were no speakers. Vice-Chairman Gary Griffin closed the public hearing and called for discussion from the Commission. Page 3 Planning and Zoning Commission Meeting, April 19, 2017

4 There being no discussion, Roger Ellis made a motion to recommend approval of Application No. RZ Kevin Cleary seconded the motion. The vote on the motion was as follows: Ron Saettele - Yes Gary Griffin - Yes Kevin McBride - Yes Kevin Cleary - Yes Jim Leonhard - Yes Mike Klinghammer - Yes Roger Ellis - Yes Tom Kuhn - Yes Robert McDonald - Yes Application No. RZ17-03 was recommended for APPROVAL. The vote count was 9 Yeas, 0 Nays, and 0 Abstentions. Roger Ellis then made a motion to recommend approval of Application No. PRE Jim Leonhard seconded the motion. The vote on the motion was as follows: Ron Saettele - Yes Gary Griffin - Yes Kevin McBride - Yes Kevin Cleary - Yes Jim Leonhard - Yes Mike Klinghammer - Yes Roger Ellis - Yes Tom Kuhn - Yes Robert McDonald - Yes Application No. PRE17-03 was APPROVED, contingent upon the approval of Application RZ II. REZONING REQUEST CIRCLE DRIVE Application: Owner/ Applicant: Current Zoning: Requested Zoning: Area: Location: Council District: Account No.: RZ17-04 Ronald D. and Karrie L. Copeland A, Agricultural District (5 acre minimum lot size) R1 B, Single-Family Residential District, (20,000 square foot minimum lot size) 1.52 Acres On the east side of Circle Drive, approximately 680 feet east and north of Oak Drive AOOO Jan Whipple, Land Use Manager, described the zoning of the property, the surrounding zoning area, and the future land use plan. In reviewing this application, staff researched the proposal to rezone the 1.52 acre subject property from the current A, Agricultural District (5 acre minimum lot size) to R1 B, Single Family Residential District (20,000 square feet minimum lot size) and finds the zoning inappropriate at this time. Staff does recognize that this request matches the 2025 Master Plan that recommends low density residential (1-4 units per acre) for the property. The incorporated lots located east of the subject site have an average size lot of 6,000 square feet and have a future land use plan of medium density residential ( units per acre). However, staff is reluctant to recommend approval of a zoning change allowing a small resubdivision since there is a Page4 Planning and Zoning Commission Meeting, April 19, 2017

5 high risk of flooding which can block access to Circle Drive in case of emergency. Interpreting Section , staff notes that roads leading to any proposed residential subdivision must be elevated above the base flood elevation to reasonably insure access by emergency responders. Constructed in the 1950's, both creek crossings of Circle Drive are well below the base flood elevation and the existing infrastructure is not built to the standard for smaller lots to be created with this rezoning request. With this infrastructure constraint, Single Family Residential zoning district sought by the owner of this property cannot be granted until a larger area of the subdivision is proposed for redevelopment and the needed infrastructure improvements can be constructed. The Planning and Zoning Division Staff recommends denial of the zoning change due to the lack of flood-free access. Staff finds smaller lots will be appropriate at a time when the area can be redeveloped providing for needed infrastructure improvement. For the record, the Planning and Zoning staff received one letter in support of this request, one letter with questions regarding this request, and two letters in opposition of this request. Vice-Chairman Gary Griffin asked the Commission if they had any questions for the Planning and Zoning staff. There were no questions. Vice-Chairman Gary Griffin opened the public hearing and asked the owner or owner's representative to approach the podium. Karrie Copeland, owner, was sworn in. Ms. Copeland stated that she would like to re-build the existing home on the property, and would like to add two more homes to the property for her children to live in. This land was given to her by her parents, and she would like to pass it down to her children. Ms. Copeland stated that some flooding now occurs along the creek and the road, but prior to the surrounding commercial properties being built up stream there never was any flooding. She stated that she agrees that improvements to the infrastructure do need to be made, but she does not believe the existing residents should have to wait until a larger area of the subdivision is redeveloped in order for these improvements to be made. Vice-Chairman Gary Griffin asked the Commission if they had any questions for the owner. Kevin Cleary asked Ms. Copeland what utilities were on site. Karrie Copeland responded that they have electric service, propane, and septic. If this rezoning was approved, they would be hooking into the public sewer line which is directly behind her property. Vice-Chairman Gary Griffin then opened the public hearing and asked if there was anyone in the audience who would like to speak on this application. Michael Missey, 2415 Oak Drive, was sworn in. Mr. Missey stated that he has lived in this area since the early 1950's, and the creek has always flooded. He stated that he does not believe that splitting up the lot sizes in this community would be good, and there has already been enough development in this area. There being no further speakers, Vice-Chairman Gary Griffin closed the public hearing and called for discussion from the Commission. Kevin Cleary stated that he has some concerns that creating more roof space and concrete or flat work by building more houses would only exacerbate the current flooding issues. Page 5 Planning and Zoning Commission Meeting, April 19, 2017

6 Councilman Mike Klinghammer stated he shares those same concerns. Vice-Chairman Griffin stated that he is concerned that there is only one road for ingress/egress, and it sometimes floods. This could make it impossible for emergency vehicles to access those properties. Robert McDonald asked Jan Whipple what the lot sizes in the adjacent Springhurst Subdivision are. Jan Whipple responded that those lots are.14 acres, around 7,000 square feet. Jim Leonhard asked Jan Whipple if there is any difference in elevation between the subject property and the adjacent Springhurst Subdivision. Jan Whipple responded that there are about the same elevation, and both slope to the south west towards the creek. Robert Myers, Director of Planning and Zoning, pointed out that the subject property is not flood prone, only the access road (Circle Drive) is prone to flooding. There being no further discussion from the Commission, Robert McDonald made a motion to approve Application RZ The motion was seconded by Kevin McBride. The vote on the motion was as follows: Ron Saettele - No Gary Griffin - No Kevin McBride Kevin Cleary - No Jim Leonhard - No Mike Klinghammer Roger Ellis - No Tom Kuhn - No Robert McDonald - No - No - Yes Application No. RZ17-04 was recommended for DENIAL. The vote count was 1 Yea, 8 Nays, and 0 Abstentions. I. REZONING REQUEST - 82 CLAIREN DRIVE Application: Owner: Current Zoning: Requested Zoning: Area: RZ17-05 Jack Reynolds, LLC C2, General Commercial District RR, Single-Family Residential District (3 acre minimum lot size) 3.00 Acres Location: On the south side of Clairen Drive, approximately 1, 100 feet northwest of Highway W Council District: 1 Account No.: A (part of) Jan Whipple, Land Use Manager, described the zoning of the property, the surrounding zoning area, and the future land use plan. Because this property has a current conditional use permit that Page6 Planning and Zoning Commission Meeting, April 19, 2017

7 allows the construction of a house, a building permit has already been applied for and the land use has been approved by the Planning and Zoning Division staff. The applicant is applying for the zoning change simultaneous to the building permit in order to have the zoning match the land use. The 2025 Land Use Plan calls for Rural Residential density for this area. Rural Residential density is defined as development of a parcel with less than 1 unit per acre. The RR district requires a minimum of 3 acres per unit which meets this density plan. The current conditional use permit does not require a minimum lot size for the construction of a residence. Staff also notes the location of an established residential neighborhood to the west. Clairen Estates Subdivision is located to the west of this property with average lot sizes of between 3 and 4 acres. The parcels within this subdivision are currently zoned R1 E, Single Family Residential with a minimum lot size of 7,000 sq. ft. While this property will not be located within the subdivision, the proposed zoning request of RR will be in conformance with the zoning of the residential homes in the area. The Planning and Zoning Division recommends the rezoning from C2, General Commercial to RR, Single Family Residential (3 acre minimum) be approved. The density and lot areas proposed are in keeping with other area developments. The zoning change to RR, Single-Family Residential District (3 acre minimum lot size) matches the future land use plan for the area. For the record, the Planning and Zoning staff did not receive any written communications regarding this rezoning request. Vice-Chairman Gary Griffin asked the Commission if they had any questions for the Planning and Zoning staff. There were no questions. Vice-Chairman Gary Griffin opened the public hearing and asked the owner or owner's representative to approach the podium. Shane Tamborski, contract purchaser, was sworn in. Mr. Tamborski stated that they are currently in the process of purchasing this property from Jack Reynolds. They plan to have CMS Homes build a house on the property for them. They will be using a septic system for private sewage disposal, and a well for water. They met with 18 of the 23 surrounding residents regarding their plan to rezone to RR, Single-Family Residential District (3 acre minimum lot size), and no one had any objections. They also have a road access agreement for ingress and egress to the property. Vice-Chairman Gary Griffin asked the Commission if they had any questions for the contract purchaser. There were no questions. Vice-Chairman Gary Griffin then opened the public hearing and asked if there was anyone in the audience who would like to speak on this application. There were no speakers. Vice-Chairman Gary Griffin closed the public hearing and called for discussion from the Commission. There being no discussion from the Commission, Councilman Mike Klinghammer made a motion to approve Application RZ The motion was seconded by Roger Ellis. The vote on the motion was as follows: Ron Saettele - Yes Gary Griffin - Yes Kevin McBride - Yes Kevin Cleary - Yes Jim Leonhard - Yes Mike Klinghammer - Yes Roger Ellis - Yes Tom Kuhn - Yes Robert McDonald - Yes Page 7 Planning and Zoning Commission Meeting, April 19, 2017

8 Application No. RZ17-05 was recommended for APPROVAL. The vote count was 9 Yeas, 0 Nays, and 0 Abstentions. IV. CONDITIONAL USE PERMIT REQUEST-103 LORENE DR Application: Applicant: Property owner: Use Requested: communications 107' from Property Zoning: Area: Location: Council District: Account No.: CUP17-03 Cellective Solutions, LLC Randy L Schott, Janet M. Schott, and Stanley T Schott Revocable Inter Vivos Trusts Increase height of an existing 107' monopole style facility to 160' and to allow a 160' tall tower to be set back the nearest Agricultural or Residential district. C2, General Commercial District 2.71 acres On the southwest corner of Lorene Drive and Highway P 1 T Jan Whipple, Land Use Manager, described the zoning of the property, the surrounding zoning area, and the future land use plan. The applicant has submitted all materials as required by the Unified Development Ordinance in Section C. and it should be noted that in the C2, General Commercial District, a tower of 125 feet is permitted by right, provided that there are at least 2 or more users on the tower. In 2007 a site plan was approved for the existing 107 foot tall telecommunications tower. The height of the tower corresponded with the 107 foot setback from the residential property to the west in St. Paul. In 2006 there had been a request to vary the setback of the tower from a residential property from the required 160 feet to 25 feet. That variance request was denied leading the applicant to construct the 107 foot tower at its current location. At that time there was also a conditional use permit request for a 160 foot tall tower. That request was withdrawn when the Board of Zoning Adjustment denied the setback request. The Ordinances of the county have since been amended to allow Telecommunication towers to go through the Planning and Zoning Commission conditional use permit process for both tower height requests and any setback requests. At this time the request is to increase the height of the tower from the current 107 feet to 160 feet and to allow the tower to be kept at its current location which is 107 feet from the nearest residential zoning district which is located in the City of St. Paul. In 2006 staff had recommended approval of the telecommunications tower citing limited locations of commercial property in the area to place a tower on. Staff had recommended the tower be located in the center of the property which would have been 70 feet from the east and west property boundaries. Staff still finds a 160 foot tall tower appropriate at this location. The tower has become part of the landscape for the neighborhood and an increase in height will have a minimal impact on the nearby residences. Staff would note when towers are less than 200 feet tall, they are not required to have flashing lights for aviation. Page 8 Planning and Zoning Commission Meeting, April 19, 2017

9 The Planning and Zoning Division recommends this conditional use request be approved, subject to the following conditions: 1. A site plan indicating compliance with all applicable UDO requirements and these conditions shall be submitted to and approved by the Department of Community Development prior to any construction activities. 2. The telecommunication tower shall not exceed 160 feet in height. 3. The tower shall be painted a single color that shall be indicated on the site plan. 4. No lighting or outdoor signage, except for warning signs and signs indicating owner contact information, limited to two square feet each, shall be authorized within the conditional use permit site area. 5. No conditional use shall be active until all conditions of the approval have been met. 6. 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 that staff received one letter in opposition of this conditional use permit request, and one letter of objection signed by twelve property owners. Vice-Chairman Gary Griffin asked the Commission if they had any questions for the Planning and Zoning staff. Mike Klinghammer asked Jan Whipple when this application was previously denied. Jan Whipple responded that in 2006 there had been a request to vary the setback of the tower from a residential property from the required 160 feet to 25 feet. That variance request was denied by the Board of Zoning Adjustment, leading the applicant to construct the 107 foot tower at its current location. At that time there was also a conditional use permit request for a 160 foot tall tower. That request was withdrawn when the Board of Zoning Adjustment denied the setback request. The Ordinances of the county have since been amended to allow Telecommunication towers to go through the Planning and Zoning Commission conditional use permit process for both tower height requests and any setback requests. Vice-Chairman Gary Griffin asked Jan Whipple how many carriers are currently on this tower. Jan Whipple responded that she believes there are 1 or 2 carriers on the tower currently, but that question should be verified by the applicant. Kevin Cleary asked Jan Whipple if the Commission approves a 160 foot tower, they would also be approving the current 107 foot setback. Jan Whipple responded in the affirmative, and she stated that the closest structure to the tower is a commercial property that is 168 feet away. There being no further questions for the Planning and Zoning Staff, Vice-Chairman Griffin opened the public hearing and asked the applicant or their representative to approach the podium. Page 9 Planning and Zoning Commission Meeting, April 19, 2017

10 Russell Been, applicant, was sworn in. Mr. Been stated that he obtained approval for this tower back in 2007 for U.S. Cellular. At that time, U.S. Cellular needed a 160 foot tall tower, but since the Board of Zoning Adjustment denied this request they agreed to construct a 107 foot tall tower with the hopes of coming back and getting approval on a new Conditional Use permit for a 160 foot tall tower in the future. T-Mobile has since purchased this tower from U.S. Cellular, with the presumption that the tower was 160 feet tall. Thus, they are asking for this Conditional Use permit in order to add onto the existing tower and make it 160 feet in height. He stated that the demand for cell towers is steadily increasing, as people no longer have land lines and they use their cell phones for everything, including data, Netflix, watching television, and making calls. The goal is to get more use out of this tower instead of putting up another tower down the street to cover this area. Vice-Chairman Gary Griffin asked the applicant how they add to an existing tower structurally. Russell Been responded that the tower was built with the assumption that an extension would be added at some point, so it already has the structural capacity for a 160 foot tall tower. Vice-Chairman Gary Griffin asked the applicant if there were any plans for other carriers to be placed on this tower if this application is approved. Russell Been responded that the tower owner, Vertical Bridge Holdings, would certainly have a goal to fill this tower to capacity with carriers. Vice-Chairman Gary Griffin asked the Commission if they had any other questions for the applicant. Ron Saettele asked the applicant if the tower would have guy wires. Russell Been responded that it will not have guy wires. Councilman Mike Klinghammer asked the applicant if there are any other towers in the area that have 4G coverage that T-Mobile could rent space from. Mr. Been responded that there are other towers in this area, but he is not sure if they have 4G coverage. He stated that there is a possibility that T-Mobile could rent space from a nearby tower, but there would still be a gap in coverage in this area. He stated that if this application is denied, T Mobile plans to build another tower in the area. There being no further questions for the applicant, Vice-Chairman Griffin asked if there was anyone in the audience who would like to speak on this application. There were no speakers. Vice-Chairman Gary Griffin closed the public hearing and called for discussion from the Commission. Councilman Mike Klinghammer stated that it seems like the question is would one taller tower be better than two shorter towers? He stated that he prefers shorter towers, but he also believes that one tower would be better than two towers. Jim Leonhard asked the Planning and Zoning staff how they know there is not another tower right down the road that T-Mobile can get service from. Jan Whipple responded that each tower has a specific number of calls that can go through it, so even if there is another tower close by it may not be able to take any extra calls or data. Page 10 Planning and Zoning Commission Meeting, April 19, 2017

11 There being no further discussion from the Commission, Kevin Cleary made a motion to recommend approval on Application No. CUP17-03, subject to the staff recommended conditions. The motion was seconded by Mike Klinghammer. The vote on the motion was as follows: Ron Saettele - Yes Gary Griffin - Yes Kevin McBride - Yes Kevin Cleary - Yes Jim Leonhard - Yes Mike Klinghammer - Yes Roger Ellis - Yes Tom Kuhn - Yes Robert McDonald - Yes Application No. CUP17-03 was recommended for APPROVAL, subject to the staff recommended conditions listed above. The vote count was 9 Yeas, 0 Nays, and 0 Abstentions. PUBLIC HEARINGS FOR TEMPORARY FIREWORKS STANDS I. TEMPORARY FIREWORKS STAND CONDITIONAL USE PERMIT-1206 SOUTH CALLAHAN ROAD Application: Applicant: Property Owner: Zoning: Location: Road Council District: Account No.: FWK17-10 Fireworks Universe Kiki Neet Enterprises, Incorporated C2, General Commercial District On the southeast corner of the intersection of Callahan and Warsen Avenue AOOO Jan Whipple, Land Use Manager, stated that the subject property is along the north service road of Interstate 64 and at one time was at an the intersection of HWY and South Callahan Road that had a traffic signal. From 1986 to 2008 the Landcasters ran a fireworks stand at this location. No fireworks stand has been applied for at this location since HWY was upgraded to Interstate 64. The property was the location of a Shell service station for a number of years. Most recently a Conditional Use Permit was approved on the property for automobile sales. Staff is currently reviewing the site plan for this redevelopment of the property. The proposed fireworks stand will use the existing pavement for parking and the existing entrances to South Callahan Road. The Planning and Zoning Division recommends that the Conditional Use Permit for a temporary fireworks stand be approved subject to the 2017 St. Charles County Fireworks Regulations. The property had a fireworks stand for over 20 years and due to the temporary nature of this use will have a minimal long term impact on the adjacent properties. For the record, staff received one letter in opposition of this application. Vice-Chairman Gary Griffin asked the Commission if they had any questions for the Planning and Page 11 Planning and Zoning Commission Meeting, April 19, 2017

12 Zoning staff. Roger Ellis asked Jan Whipple if this was the same site that was approved for a CUP for a used car lot several months ago. Jan Whipple responded in the affirmative. She stated they are currently working on their site plan for that business. Mike Klinghammer stated that the site plan appears to only show nine parking spaces. He asked the Planning and Zoning staff how many parking spaces are required by ordinance. Jan Whipple responded that they are required to have five parking spaces. There being no further questions for the Planning and Zoning Staff, Vice-Chairman Gary Griffin opened the public hearing and asked the owner or the owner's representative to approach the podium. Luke Bollinger, applicant, was sworn in. Mr. Bollinger stated that they will have nine or ten parking spaces. He stated that there is not really good access to the main road, and it's not a very heavily populated area so nine or ten spaces should be enough. Vice-Chairman Griffin asked if there were any questions for the applicant. There were no questions. Vice-Chairman Griffin then asked if there was anyone in the audience who would like to speak on this application. There were no speakers. Vice-Chairman Gary Griffin closed the public hearing and called for discussion from the Commission. There being no discussion from the Commission regarding this applications, Ron Saettele made a motion to approve Application FWK17-10, with the condition that the fireworks stand adheres to all 2017 Fireworks Regulations. Roger Ellis seconded the motion. The vote on the motion was as follows: Ron Saettele - Yes Gary Griffin - Yes Kevin McBride - Yes Kevin Cleary - Yes Jim Leonhard - Yes Mike Klinghammer - Yes Roger Ellis - Yes Tom Kuhn - No Robert McDonald - Yes Application FWK17-10 was APPROVED; subject to the condition that the fireworks stand adheres to all 2017 fireworks regulations. The vote count was 8 Yeas, 1 Nay, and 0 Abstentions. Note: Applications for Temporary Fireworks Stands do not require County Council approval unless they are denied by the Planning & Zoning Commission, so the Planning & Zoning Commission's vote to approve this application was final. Page 12 Planning and Zoning Commission Meeting, April 19, 2017

13 PLATS NONE TABLED ITEMS SEE ACTION AT THE BEGINNING OF THE MINUTES FOR THE PRELIMINARY PLAT FOR BIG HILL OTHER BUSINESS I. A Request by Crown Castle to amend one condition of Ordinance No for CUP No. C Old Colony Road; to allow the mounting of non-stealth antennas upon a telecommunications facility. 3. The telecommunication tower ['Nill be a stealth flagpole structure and] shall not exceed 150 feet above finished grade. AND A Request by the St. Charles County Planning and Zoning Division to amend one condition of Ordinance No for CUP No. C Old Colony Road; to delete a condition that the conditional use permit is subject to review by the Planning and Zoning Commission every 5 years. The property is located within Council District 2 and the Assessor's Account number is T This conditional use permit is subject to review by the Planning and Zoning Commission in five (5) years of its date of apprm.ial. Renewal of this permit may be extended by the Governing Body of St. Charles County provided that any extension shall satisfy all of tae requirements for initial placement of the tower. Such revie.v shall include, but not be limited to, a determination that no less visible alternatives are technologically reasible.] Vice-Chairman Gary Griffin read the request into the record, and asked Jan Whipple to explain what the applicant is requesting to do. Jan Whipple responded that the applicant is requesting to be allowed to antenna to the outside of the tower to help keep up with the latest technology (4G). She stated that the second request from the Planning and Zoning Division is requesting to remove condition number seven, stating that the cell tower will be reviewed every five years. Mrs. Whipple stated that she has not seen this condition in any other cell tower CUP's, so she is not sure why it was added to this one. For the record, staff did not receive any written communications regarding this application. Page 13 Planning and Zoning Commission Meeting, April 19, 2017

14 Vice-Chairman Gary Griffin opened the public hearing and asked the owner or the owner's representative to approach the podium. Gary Sullivan, applicant, was sworn in. Mr. Sullivan stated that they are planning to add three antennas for Sprint to expand the capacity of the tower. They are planning on putting up a tri-band antenna that will operate on three different frequencies. This type of antenna is too big to fit inside of the current flagpole structures, so it will be flush mounted to the sides of the tower, and painted to match the tower. Flagpole towers are becoming obsolete due to newer technology. Vice-Chairman Griffin asked if there were any questions for the applicant. Kevin Cleary asked Mr. Sullivan how long the new antenna will be. Gary Sullivan responded that the new antenna will be 6 feet long. Vice-Chairman Griffin then asked if there was anyone in the audience who would like to speak on this application. Bill Dunsing, 333 Old Colony Road, was sworn in. Mr. Dunsing stated he would like to know what they are putting on top of the tower. Jan Whipple showed him one of the renderings that was given to the Commission for Application No. CUP17-03 so he could get an idea of what the antenna platforms will look like. Bill Wooten, property owner, was sworn in. Mr. Wooten stated that he would like to know if the existing flagpole antennas would be removed, or if they would stay on the tower. Gary Sullivan responded that the flagpole antennas will stay on the tower. There being no other audience speakers, Vice-Chairman Gary Griffin closed the public hearing and called for discussion from the Commission. There was no discussion. Roger Ellis made a motion to approve the request by Crown Castle to amend condition number three (3) of Ordinance No for CUP No. C Old Colony Road; to allow the mounting of non-stealth antennas upon a telecommunications facility. Ron Saettele seconded the motion. The vote on the motion was as follows: Ron Saettele - Yes Gary Griffin - Yes Kevin McBride - Yes Kevin Cleary - Yes Jim Leonhard - Yes Mike Klinghammer - Yes Roger Ellis - Yes Tom Kuhn - Yes Robert McDonald - Yes The request by Crown Castle to amend condition number three (3) of Ordinance No for CUP No. C Old Colony Road; to allow the mounting of non-stealth antennas upon a telecommunications facility was recommended for APPROVAL. The vote count was 9 Yeas, 0 Nays, and 0 Abstentions. Mike Klinghammer made a motion to approve the request by the St. Charles County Planning and Zoning Division to amend one condition of Ordinance No for CUP No. C Old Colony Road; to delete a condition that the conditional use permit is subject to review by the Page 14 Planning and Zoning Commission Meeting, April 19, 2017

15 Planning and Zoning Commission every five (5) years. Roger Ellis seconded the motion. The vote on the motion was as follows: Ron Saettele - Yes Gary Griffin - Yes Kevin McBride - Yes Kevin Cleary - Yes Jim Leonhard - Yes Mike Klinghammer - Yes Roger Ellis - Yes Tom Kuhn - Yes Robert McDonald - Yes The request by the St. Charles County Planning and Zoning Division to delete condition number seven (7) Of Ordinance No for CUP No. C Old Colony Road; stating that the conditional use permit is subject to review by the Planning and Zoning Commission every five (5) years was recommended for APPROVAL. The vote count was 9 Yeas, 0 Nays, and 0 Abstentions. II. ELECTION OF OFFICERS Vice-Chairman Gary Griffin made a motion to elect Roger Ellis as Secretary of the Planning and Zoning Commission. Ron Saettele seconded the motion. After some discussion, the Commission decided to keep the officers as they currently are since Chairman Craig Frahm was not present for the meeting. APPROVAL OF MINUTES Vice-Chairman Gary Griffin asked for a motion to approve the minutes for the March 15, 2017 meeting. Keith Hazelwood, County Counselor, stated that the minutes as presented state that he was in attendance at the March 15, 2017 meeting and he was not. His name needs to be stricken from the minutes under "Staff Present". A motion to approve the minutes with the correction stated above was made by Councilman Mike Klinghammer, and the motion was seconded by Kevin Cleary. The minutes were approved by unanimous voice acclamation. ADJOURNMENT OF MEETING Vice-Chairman Gary Griffin called for a motion to adjourn the meeting. The motion was made by Kevin Cleary, and was seconded by Jim Leonhard. The motion to adjourn was approved by unanimous voice acclamation, and the meeting adjourned at 8:58 PM. Page 15 Planning and Zoning Commission Meeting, April 19, 2017

16 Respectfully submitted by: Page 16 Planning and Zoning Commission Meeting, April 19, 2017