ST. CHARLES COUNTY PLANNING & ZONING COMMISSION AGENDA FOR REGULAR MEETING OCTOBER 18, :00 PM

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1 ST. CHARLES COUNTY PLANNING & ZONING COMMISSION AGENDA FOR REGULAR MEETING OCTOBER 18, :00 PM EXECUTIVE BUILDING THIRD FLOOR COUNCIL CHAMBERS 100 N. THIRD STREET, ST. CHARLES, MO AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE CHANGES TO THE AGENDA NONE PUBLIC HEARINGS I. REZONING REQUEST PARR ROAD Application: RZ17-11 Owners: James Parr and Urban A. Parr and Darlene R. Parr Revocable Living Trust Applicant: Tom Parr Current Zoning: A, Agricultural District (5 acre minimum lot size) Requested Zoning: RR, Single-Family Residential District (3 acre minimum lot size) Area: 7.00 acres Location: On the east side of Parr Road, approximately 3,900 feet north of Highway A; near Wentzville Council District: 1 Account No.: A000 and A Documents: PZ AGENDA PACKET - RZ17-11.PDF II. REZONING REQUEST HICKORY TREE LANE Application: RZ17-12 Applicants/Owners: Philip C. Burkemper and Karen M. Burkemper Current Zoning: R1A, Single-Family Residential District (1 acre minimum lot size) Requested Zoning: CO, Office District Area: 3.10 acres Location: On the west side of Hickory Tree Lane, approximately

2 Location: On the west side of Hickory Tree Lane, approximately 350 feet northwest of Highway K; adjoining O Fallon Council District: 3 Account No.: A000 Documents: PZ AGENDA PACKET - RZ17-12.PDF COMMENTS - ROBIN GEORGE PDF PUBLIC HEARINGS - CONDITIONAL USE PERMITS I. CONDITIONAL USE PERMIT REQUEST & 3037 HOPEWELL ROAD Application: CUP17-13 Owners: Shannon L. Hines and Fallon Hines Applicant: Deanna Hines Use Requested: Nursery (wholesale), and boat storage Property Zoning: A, Agricultural District Area: 6.00 acres Location: On the west side of Hopewell Road, approximately 1700 feet northeast of Tanis Lee Lane; near O Fallon Council District: 2 Account No.: A & T Documents: PLATS PZ AGENDA PACKET - CUP17-13.PDF I. PRELIMINARY PLAT FOR THE RESUBDIVISION OF CALLAWAY VALLEY LOT CALLAWAY RIDGE DR Application: PRE17-10 Applicant / Owner: Ruettgers Creek, LLC Surveyor: Topos Surveying Corporation Property Zoning: A, Agricultural District Area: acres Number of lots: 2 Location: On the north side of the intersection of Callaway Lake Drive and Callaway Ridge Drive Council District: 2 Account No.: A015 Documents:

3 TABLED ITEMS NONE PZ AGENDA PACKET - PRE17-10.PDF REVISED PRELIMINARY PLAT PDF APPROVAL OF MINUTES FROM THE SEPTEMBER 20, 2017 MEETING Documents: PZ MTG MINUTES - DRAFT.PDF OTHER BUSINESS NONE ADJOURNMENT

4 REZONING RZ17-11 REZONING REQUEST PARR ROAD Application: RZ17-11 Owners: James Parr and Urban A. Parr and Darlene R. Parr Revocable Living Trust Applicant: Tom Parr Current Zoning: A, Agricultural District (5 acre minimum lot size) Requested Zoning: RR, Single-Family Residential District (3 acre minimum lot size) Area: 7.00 acres Location: On the east side of Parr Road, approximately 3,900 feet north of Highway A; near Wentzville Council District: 1 Account No.: A000 and A CONTENTS: Staff Recommendation Aerial Photo Surrounding Zoning Map Future Land Use Map Survey Map Letters received None

5 To: County Planning and Zoning Commission STAFF RECOMMENDATION Prepared by: Karen Hutchins Application No.: RZ17-11 Date: October 10, 2017 GENERAL INFORMATION Owner: Applicant: Requested Action: Location: Size: Current Land Use: Adjacent Land Use and Zoning: Urban A Parr & Darlene R Parr Revocable Living Trust Darlene Parr A zoning change from A, Agricultural District (5 acres minimum lot size) to RR, Single-Family Residential District (3 acre minimum lot size) Parr Road, located on the east side of Parr Road approximately 3,900 feet north of Hwy A; near Wentzville 7.00 acres Single Family Residential Direction Zoning Land Use North A, Agricultural Single Family Residential South A, Agricultural Single Family Residential East A/FF, Agricultural with Floodway Fringe Overlay District Single Family Residential West A, Agricultural Single Family Residential Year 2025 Plan: Zoning History: Low Density Residential (1-4 units per acre) The property has been zoned A, Agriculture District, since the inception of zoning in SPECIAL INFORMATION Public Services: County Council District Council District 1 School District Fort Zumwalt School District Fire District Wentzville Fire District Utilities: Water Public Water Supply District #1 service area Sewer City of Wentzville Service Area, Individual Wastewater Treatment System Page 1 of 2

6 ANALYSIS The property along with an adjoining smaller parcel together consists of 7 acres. The applicant has applied for rezoning from A, Agricultural District with a 5 acre minimum lot size to RR, Rural Residential which would allow the property owner to divide the 7.0 acres into two parcels with a minimum lot size of 3 acres. The 2025 Land Use Plan designates this area as Low Density Residential. Low Density Residential calls for single-family residences at a density of 1 to 4 dwelling units per acre. This rezoning request would comply with this land use designation as the requested RR zoning has a three acre minimum lot size requirement and allows single-family residential uses by right. Staff also notes that the surrounding properties while zoned A, Agricultural are used for residential purposes. RECOMMENDATION The Planning and Zoning Division recommends that this rezoning request from A, Agricultural District to RR, Residential Rural District be approved. This zoning change is consistent with the surrounding properties and is in line with the future land use plan for the area Parr Road Page 2 of 2

7 RZ Aerial Parr Road Subject Properties

8 Subject Properties Subject Properties RZ Zoning Parr Road

9 Subject Property Subject Properties RZ Land Use Parr Road

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11 REZONING RZ17-12 REZONING REQUEST HICKORY TREE LANE Application: Applicants/Owners: RZ17-12 Philip C. Burkemper and Karen M. Burkemper Current Zoning: R1A, Single-Family Residential District (1 acre minimum lot size) Requested Zoning: CO, Office District Area: 3.10 acres Location: On the west side of Hickory Tree Lane, approximately 350 feet northwest of Highway K; adjoining O Fallon Council District: 3 Account No.: A000 CONTENTS: Staff Recommendation Aerial Photo Surrounding Zoning Map Future Land Use Map Letters received None

12 STAFF RECOMMENDATION To: County Planning & Zoning Commission Prepared by: Ellie Marr Application No.: RZ17-12 Date: October 10, 2017 GENERAL INFORMATION Owner/Applicant: Requested Action: Location: Size: Current Land Use: Adjacent Land Use and Zoning: Year 2025 Plan: Zoning History: Philip C. and Karen M. Burkemper A zoning change from R1A, Single Family Residential District (1 acre minimum lot size) to CO, Office Commercial District (no minimum lot size) Hickory Tree Lane, on the west side of Hickory Tree Lane, approximately 350 feet northwest of Highway K, adjoining the city limits of O Fallon 3.10 acres Single-Family Residential (one residence) Direction Zoning Land Use North R1A, Single Family Residential and City of Single-family Residential and Vacant Residential O Fallon Residential South Commercial, City of Commercial Office East West O Fallon Single Family Residential, City of O Fallon Future Villas Development, City of O Fallon High Density Residential (10+ units per acre) Building Single-family Residential Vacant Residential This property has been zoned R1A, Single Family Residential since the inception of zoning in SPECIAL INFORMATION Public Services: County Council District 3 Mike Elam School District R3, Francis Howell School District Fire District Cottleville Fire Protection District Utilities: Water Public Water District #2 Sewer Duckett Creek Sewer District

13 ANALYSIS The property currently consists of 3.10 acres with a residence located on the parcel. The proposed CO, Office Commercial zoning district sought by the owner would allow the parcel to be developed for office facilities for low-intensity businesses and professional offices. Uses within this district should generate a light vehicular and pedestrian traffic flow. It should also be noted that no use that involves retail, wholesale or manufacturing activities is allowed within this requested district. The Land Use Plan 2025 currently designates this property as appropriate for High Density Residential development and is located within the City of O Fallon s growth area. Because of these two issues, staff has consulted with the city as to their designation for development if the property was located within its city limits. The city also designates this property as High Density Residential in its future land use plan. Because this property is served by Duckett Creek Sewer District, development could occur with the property in the County. As mentioned previously, the future Land Use Plan 2025 designates this property as appropriate for High Density Residential development. High Density Residential development is a fairly intensive land use with multiple cars per unit and generation of high traffic use while Office Commercial zoning could potentially have a considerably lighter traffic use during traditional business hours only and be less intrusive to the residential homes located to the east of the property. This property is adjacent to Office Commercial use directly to the south and to the east of this property along Hwy. K there is a medical office. All of these uses are similar to the request for rezoning of this parcel. In any case, either use designation (High Density Residential or Office Commercial) would require ingress/egress consideration for development purposes. The property is accessed via Hickory Tree Lane which is a shared private driveway accessed by an easement crossing commercial property located to the southeast of this property. The easement is a partially improved, paved lane with ingress/egress to Hwy. K. When staff is reviewing a request for commercial zoning, ingress/egress is not typically an easement type of access but instead via a dedicated, public street that is designated for public access. If the property were to be developed commercially, the applicant would be required to remedy this ingress/egress issue in order for a site plan to be approved for this parcel. This may require the possible purchase of the easement in order to have access to its property from Hwy. K or continued access through the adjacent, commercial development that fronts Hwy K. The lane would also need to be improved to allow for two-way ingress/egress traffic off of Hwy. K. In addition, the property owner would be required to allow the continued easement of access across this parcel to the two properties also located further to the northwest on Hickory Tree Lane. RECOMMENDATION The Planning and Zoning Division recommends that this zoning request from R1A, Single Family Residential District, (1 acre minimum lot size) to CO, Office Commercial District (no minimum lot size) be approved. In recommending approval of the CO zoning district, staff finds the proposed zoning to be less intensive than the current, designated future land use.

14 Property view from Hickory Tree Lane View along Hickory Tree Lane looking towards Hwy. K

15 RZ Aerial Burkemper Subject Property

16 RZ Zoning Burkemper Subject Property

17 Subject Property Subject Property RZ Land Use Burkemper

18 From: To: Subject: Date: Attachments: Robin George CTYPNZ; Rose Mack; Tom Herweck; Rezoning Hichory Tree, serious risks from highway K traffic, risks of lowering house values Tuesday, October 17, :14:32 PM IMG_4623.PNG I am sending this , because I will not be able to attend the meeting tomorrow night. I understand this decision will involve St. Charles county, O Fallon and MODOT eventually so I am including everyone. Also, this will be an ongoing issue as more businesses are coming into O Fallon. I live in Monticello Manor. We only have one exit out on HWY K and no light. Dunkin Donuts/Wicked Greens is only 200 feet down (guidelines says it should be 600 feet down) from our exit and it makes it very difficult and dangerous to get out. There was already an accident there recently at Carters Grove and K. If you put in a doctor s office on Hickory Tree Lane please make Hickory Tree Lane a public road and connect Dunkin Donuts/Wicked Greens to it and make it a no left out of their current exit. Also, I would like a light for our exit on Highway K and I would like the back opened as an out only so we can safely get out of our neighborhood. Our neighborhood has almost 200 houses in it. Cottleville Fire codes want 2 exits out of a neighborhood with 100 or more houses. The traffic is only going to increase as you put in more businesses. I would also like you to lower the speed limit to 40 MPH to help the businesses and the residents. Cottleville lowered HWY N to help the businesses. There was just an accident with a bus yesterday and maybe if the speed limit would have been 40 MPH 9 adults and children would not have been hurt. Please look at other communities that have successfully added businesses around residential areas. We don t have sidewalks that go all the way through. We don t have crosswalks for people to get to the businesses. The more dangerous this becomes the more people will just move and house values will go down. Please fix this before it is a terrible problem and people could get killed. I would be happy to be a part of a committee to help fix these problems. You can make O Fallon a great city to be a part of, but not doing it the way you are doing it now. Please plan for the long term and don t do things halfway. Create a city that has lasting appeal. Summary: Open the back entrance to Monticello Manor as an out only. Put in a light at Carters Grove and K. Connect Hickory Tree Lane to the business s and put in a no left at the exit that is too close to Monticello Manor. Lower the speed limit to 40 MPH Add crosswalks and sidewalks that go all the way through Link to recent bus accident on 10/16/17 Picture of accident in July attached. Thank you for your service. Robin George

19 9 children, adult injured in school bus crash in O Fallon, Mo. Posted 9:08 am, October 16, 2017, by Danielle Scruggs and Chris Regnier O'FALLON, Mo. _Nine students and one adult were injured in a school bus crash Monday morning in O'Fallon, Missouri. It happened when the driver of an SUV crashed into the back of the bus around 8:30 a.m. at Highway K and Pheasant Meadow Drive. According to police, four students were taken to the hospital for treatment. One student was taken by her parents and four others were treated at the scene. The driver of the SUV is hospitalized as well. Authorities say none of the injuries are serious or life-threatening. "Luckily enough the injuries were fairly minor in nature- bumps, bruises, scrapes, that sort of thing- nothing overly significant as far as injuries," said Craig Boschert with the St. Charles County Ambulance District. Bernard DuBray, the Superintendent of the Fort Zumwalt School District, added, "It`s really unnerving on a Monday morning before you`re trying to the get the week started. But anytime you hear of an accident that a bus is involved you always think the worst and hope for the best." All 29 students on the bus were en route to Pheasant Point Elementary School. The cause of the crash is still under investigation. Picture of Accident in July:

20 CUP CONDITIONAL USE PERMIT REQUEST & 3037 HOPEWELL ROAD Application: Owners: Applicant: Use Requested: Property Zoning: Area: Location: CUP17-13 Shannon L. Hines and Fallon Hines Deanna Hines Nursery (wholesale), and boat storage A, Agricultural District 6.00 acres On the west side of Hopewell Road, approximately 1700 feet northeast of Tanis Lee Lane; near O Fallon Council District: 2 Account No.: A & T CONTENTS: Staff Recommendation Aerial Photo Surrounding Zoning Map Preliminary Site Plan Letters Received: None

21 STAFF RECOMMENDATION To: County Planning and Zoning Commission Prepared by: Mark Price Jr, A.I.C.P. Application No.: CUP17-13 Date: October 10, 2017 GENERAL INFORMATION Owners/Applicants: Shannon L. Hines and Fallon Hines. Requested Action: Existing Zoning: Location: Size: Current Land Use: Conditional Use Permit for a nursery and boat storage. A, Agricultural District 3037 and 3133 Hopewell Road, on the west side of Hopewell Road approximately 1,700 feet north east of Tanis Lee Lane, near O Fallon. 6 acres. Single Family Residence and Multi Use. Adjacent Land Use and Zoning: Direction Zoning Land Use North A, Agricultural Farm South A, Agricultural Vacant Agricultural, and Nursery via CUP 545 East A, Agricultural Single Family Residential West A, Agricultural Vacant Agricultural, and Nursery via CUP 545 Zoning History: This property was originally zoned A, Agricultural District in The property was granted a Conditional Use Permit (CUP 8076) on June 2, 2010 for a Nursery and Boat Storage Facility. On July 9, 2012, a two year extension was granted to complete the requirements of the Conditional Use Permit. As of the date of this report, all conditions for the Conditional Use Permit have not been met. As such, the Conditional Use Permit has expired and is no longer valid. SPECIAL INFORMATION Public Services: County Council District 2 School District R4, Wentzville Fire District New Melle Fire Protection District Utilities: Water Public Water Supply District No. 2 Service Area Sewer Individual Wastewater Treatment System

22 PETITIONER S REQUEST The petitioner is requesting a Conditional Use Permit for a retail nursery and outdoor boat storage combined on the two adjacent properties (account numbers T and A ). ANALYSIS The applicants have reapplied for the requested Conditional Use Permit as the previously granted permit has expired. The expiration of the first Conditional Use Permit was discovered during staff s research regarding complaints received regarding property upkeep. This request is part of bringing the property into conformance with the Ordinances of St. Charles County, Missouri. Currently, some construction debris and other miscellaneous storage items remain on the property and would need to be addressed prior to the initiation of the Conditional Use Permit as they are not items associated with a boat storage yard or a nursery. Conditional Use permits are evaluated based on criteria established within the Unified Development Ordinance. The CUP criteria are as follows: Before authorizing the issuance of a conditional use permit, the County Council may impose such conditions as 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 or to the esthetic and/or scenic values of the vicinity, 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. Substantial compliance with an approved concept plan shall be a condition of an approved conditional use permit. Staff has reviewed this criterion relative to the subject site and finds the proposed retail nursery will not be detrimental to the surrounding community. A nursery is defined as an enterprise that conducts the retail and/or wholesale sale of trees, shrubs, flowers, and grasses grown on or off the premises for transplanting as well as accessory items. At this location, a nursery and the accompanying traffic generated by the business can be accommodated as the site was a former highway yard that was operated by the St. Charles County Highway Department. Staff also notes a nursery is located on the adjacent property. A site plan has been submitted showing the area for the storage of topsoil, decorative rock and mulch storage, and a planter area on the northern parcel. The parcel to the south contains an area for an office trailer with 8 parking spaces, a plant display area, an area for rocks contained on pallets and a boat storage area. Staff has reviewed the criterion relative to the subject site and finds the proposed usage of this property for boat storage and a nursery business to be appropriate. The site plan shows 51 boat storage spots located on 3133 Hopewell Road. The passageway to the boat storage area consists of wide open space with easy access from Hopewell Road to accommodate the transport of larger boats. RECOMMENDATION Based on the preceding considerations, staff recommends approval of the application as conforming to the criteria of Section B of the County Code, subject to the following conditions: 1. A site plan must be submitted to and approved by the Community Development Department prior to any construction, paving, or any additional earth disturbance on the site. 2. Outdoor storage shall be limited to plants, rocks, mulch, soil, and boats. 3. The customer parking area and drive to Hopewell Road shall be paved. 4. All gravel areas shall be at least 6 inches thick and void of weeds and vegetation.

23 5. No conditional use shall be in active use until such time all conditions of approval have been met and all outstanding property maintenance violations have been corrected. 6. If the existing storm water facilities constructed for a nursery and boat storage have been compromised, then maintenance will be required per the existing storm water agreement with the country for these properties. Office Trailer and plant display area

24 Subject Properties CUP Aerial 3133 Hopewell Road

25 CUP Zoning 3133 Hopewell Road Subject Properties

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29 PRELIMINARY PLAT I. PRELIMINARY PLAT FOR THE RESUBDIVISION OF CALLAWAY VALLEY LOT CALLAWAY RIDGE DR Application: PRE17-10 Applicant / Owner: Ruettgers Creek, LLC Surveyor: Topos Surveying Corporation Property Zoning: A, Agricultural District Area: acres Number of lots: 2 Location: On the north side of the intersection of Callaway Lake Drive and Callaway Ridge Drive Council District: 2 Account No.: A015 CONTENTS: Aerial Photo Surrounding Zoning Map Topographic Map Preliminary Plat Letters received None

30 Subject Property Subject Property PRE Aerial

31 Subject Property Subject Property PRE Zoning

32 Subject Property Subject Property PRE Topo

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36 MINUTES OF REGULAR MEETING ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION DATE: SEPTEMBER 20, 2017 TIME: PLACE: 7:00 P.M. COUNTY EXECUTIVE BUILDING 300 N. THIRD ST. THIRD FLOOR COUNCIL CHAMBERS ST. CHARLES, MO MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: SPEAKERS: Ron Saettele; Kevin McBride; Roger Ellis; Kevin Cleary; Jim Leonhard; Craig Frahm; Tom Kuhn; and Mike Klinghammer, County Councilman Gary Griffin; and Robert McDonald Robert Myers, Director of Planning and Zoning; Ellie Marr, Senior Planner; Karen Hutchins, County Planner; Annisa Kumerow, Recording Secretary; and Keith Hazelwood, County Counselor RZ17-10 & PRE17-09: Mike Meiners, 801 South Fifth Street; Matt Thorton, 928 Lindmark Drive; Robert Mareing, 8960 Orf Road; William Meyers, 211 Mason Glen CUP17-12: STP17-39: AVR17-01: Jon Wingo, 2205 Ebert Lane Adnan Omeragic, 1 Memorial Drive Holland Wilcox, 1 Creekwood Court CALL TO ORDER Chairman Craig Frahm called the meeting to order at 7:00 PM. Following the Pledge of Allegiance, Chairman Craig Frahm 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 the Planning & Zoning Commission will make a recommendation on rezoning applications heard during the meeting, which will then be submitted to the St. Charles County Council for their final decision. Chairman Craig Frahm 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 NONE Page 1 Planning and Zoning Commission Meeting, September 20, 2017

37 PUBLIC HEARINGS I. REZONING AND PRELIMINARY PLAT FOR CEDAR SPRINGS ORF ROAD Application: RZ17-10 & PRE17-09 Applicant: St. Charles Engineering & Surveying, Inc. Owner: Titan Real Property Developers, LLC Developer: M.H. Thornton Homes, LLC Current Zoning: A, Agricultural District (5 acre minimum lot size) Requested Zoning: R1D, Single-Family Residential District (10,000 square foot minimum lot size) Area: 5.00 acres Number of lots: 15 Location: On the south side of Orf Road, approximately 350 feet west of Eagle Estates Drive Council District: 2 Account No.: A003 Ellie Marr, Senior Planner, described the zoning of the property, the surrounding zoning area, and the 2025 Future Land Use Plan. She stated that the property currently consists of five acres with a residence located on the parcel. The proposed R1D, Single-Family Residential zoning district sought by the owner would allow the parcel to be subdivided into lots with a minimum lot size of 10,000 square feet. A subdivision plat has been submitted for the Commission to review and approve subject to approval of the rezoning request by County Council. Ellie Marr stated that the density proposed with this rezoning request is within the 1-4 units per acre, Low Density Residential, land use designation proposed for the area in the 2025 Land Use Plan. Additionally, the minimum lot size of the R1D district is equal to the 10,000 square foot lots within the adjacent Mason Glen Subdivision to the east of the site in Lake St. Louis. The Brookfield Crossing Subdivision under development to the south of the site is also within Lake St. Louis and has lots of similar size to those in Mason Glen. Staff recommends that this zoning request from A, Agricultural District, (5 acre minimum lot size) to R1D, Single-Family Residential District (10,000 square foot minimum lot size) be approved. In recommending approval of the R1D zoning district, staff finds the proposed zoning to be consistent with area lot sizes and the 2025 Land Use Plan. Chairman Craig Frahm stated that the commission should hold two votes on this application. One vote is for the rezoning, and one vote is for approval of the preliminary plat. Ellie Marr stated that the applicant is proposing to divide the five-acre parcel into fifteen lots. Staff recommends that should the Planning & Zoning Commission approval the preliminary plat, they should consider approval subject to the approval of the rezoning request by County Council. Additionally, the applicants will be submitting a tree preservation plan. A letter was submitted to the engineering firm indicating the need for a tree preservation plan and other minor review comments. Chairman Frahm asked if there were any letters received regarding this application. Ellie Marr responded in the negative. Chairman Frahm asked if there were any questions for staff. Seeing none, he asked the applicant to come forward. Page 2 Planning and Zoning Commission Meeting, September 20, 2017

38 Mike Meiners, Engineer, 801 South Fifth Street, and Matt Thorton, 928 Lindmark Drive, were sworn in. Mike stated that he was approached by Matt Thorton about the subject property. Mr. Meiners stated that they are seeking to build fifteen, 80-foot-wide lots at a minimum of 10,000 square feet each. The adjacent subdivision was recently platted and has similar lot sizes. Mason Glen Subdivision, another neighboring subdivision, also has similar lot sizes. Brookfield Crossing, constructed by the Rolwes Company, also has similar lot sizes and similar homes. Matt Thorton stated that they intend to develop fifty percent brick fronts and a 2,000 square foot ranch. The homes will start at $350,000-$375,000, but will more than likely fall in the $450,000 range. Mike Meiners stated that they believe the property is in conformance with surrounding properties in terms of density. All the utility companies were contacted, including Public Water District Number 2. In this area, Mason Glen Subdivision has a sewage lift station. The adjacent subdivision has a few homes in the front which use grinder pumps. Mike Meiners stated that they are proposing for some of the lots to be on grinder pumps. The first four lots of the proposed subdivision will be lower than the heaviest gravity line that comes up into the adjacent subdivision, meaning that the lots closer to Orf Road to have service, similar to the system currently in place in Eagle Estates. As far as tree preservation, Mike Meiners stated that the original intent was to save twenty five percent of trees, but doing so would encroach on rear building lines. A landscape package will be submitted for County Review in order to preserve as many trees as possible without infringing on building lines or interfering with the potential for homeowners to build patios and other construction in the future. Chairman Frahm asked if there were any questions for the applicant. Seeing none, he opened the public hearing and asked anyone wishing to speak on the application to come forward. Robert Mareing, 8960 Orf Road, was sworn in. Mr. Mareing stated that he and his wife own the adjacent five acres to the west of the subject property. He stated that he would like the engineer and developer to be more specific regarding the grinder pumps on the subject property, and describe what arrangements have been made concerning public water utilities. Mike Meiners stated that there is a gravity manhole within the adjacent development. A sanitary gravity sewer will be extended from the manhole into the subject property. Some of the basements in the lots in the adjacent development are unable to be served by the gravity sewer, so those properties are on grinder pumps. Mr. Meiners stated that Public Water District Number 2 specifically pointed out that those properties are on grinder pumps, and suggested the same for the proposed development. The most northern lots of the subject property will be on grinder pumps because the elevation of the basement will be below the flow line of the main. Kevin Cleary asked if there will be individual laterals connected to the main. Mike Meiners responded that there will be a shared lateral, but noted that it will essentially be a main after two laterals connect together. Mike Meiners stated that typically, before two laterals connect, the system is considered private. Once two laterals connect, it is mandated by state law that they be maintained by the sewer district. Thomas Kuhn asked for clarification regarding the intent to build a 2,000 square foot ranch. He stated that the price seemed a little high for the size of the home. Matt Thorton stated that the minimum on the ranch would be 2,000 square feet in the $350,000 price range. Mr. Thorton stated that the price is similar to homes in the neighboring Eagle Estates Subdivision. Thomas Kuhn asked if the price range is compatible with the adjacent neighborhoods. Page 3 Planning and Zoning Commission Meeting, September 20, 2017

39 Mike Meiners stated that it is similar to homes in the Brookfield Crossing Subdivision. Matt Thorton stated that the subdivision developed by McKelvey Properties, which is adjacent to Eagle Estates, is also in the same price range. Kevin Cleary asked if the square footage requirements will be in the written covenants of the subdivision. Matt Thorton responded yes, and added that the brick fronts will also be included in the covenants. William Meyers, 211 Mason Glen, was sworn in. Mr. Meyers stated that his property backs up to the south side of the subject property, and he wanted to know how many trees will be left. Mr. Meyers stated that he is also having some flooding issues in his backyard and is concerned about the flow of water from the subject properties. Matt Thorton stated that some of the trees on the south side of the property will have to be removed. He also stated that there will be a six foot fence at the end of the cul de sac on the south side of the property, so that when cars turn around headlights will not disturb the neighboring properties. Ellie Marr stated that the Development Review division is aware of complaints regarding runoff in that area, and it is being investigated. Ellie Marr stated that the applicants will be required to go through an additional review to ensure that there will be no increased runoff to the adjacent properties. They will also inspect the grading on the improvement plans. Chairman Frahm asked if there was any additional discussion. There being no further 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: RZ17-10: Ron Saettele - Yes Kevin McBride - Yes Kevin Cleary - Yes Roger Ellis - Yes Craig Frahm - Yes Jim Leonhard - Yes Tom Kuhn - Yes Mike Klinghammer - Yes Application No. RZ17-10 was recommended for APPROVAL. The Vote Count was 8 Yeas, 0 Nays, and 0 Abstentions. Roger Ellis made a motion to recommend approve Application No. PRE17-09, subject to County Council approval of RZ Kevin Cleary seconded the motion. Ron Saettele - Yes Kevin McBride - Yes Kevin Cleary - Yes Roger Ellis - Yes Craig Frahm - Yes Jim Leonhard - Yes Tom Kuhn - Yes Mike Klinghammer - Yes Application No. PRE17-09 was recommended for APPROVAL. The Vote Count was 8 Yeas, 0 Nays, and 0 Abstentions. Page 4 Planning and Zoning Commission Meeting, September 20, 2017

40 PUBLIC HEARINGS- CONDITIONAL USE PERMITS Chairman Frahm stated that once the Planning and Zoning Commission makes a recommendation on conditional use permit applications heard during the meeting, the applications will be scheduled to be introduced at the Tuesday, October 10 th, 2017 County Council Meeting. Public comment will be taken at tonight s meeting and at the County Council Meeting on October 10 th, Public comment on the application will not be taken at any meeting of the County Council held thereafter. II. 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 Ellie Marr, Senior Planner, described the zoning of the subject properties, the surrounding zoning, and the 2025 Future Land Use Plan. The petitioner is requesting an expansion of a previously approved Conditional Use Permit (CUP #655, effective 2005). The existing Conditional Use Permit allows the applicant to operate a nursery. During the review of the initial Conditional Use Permit request in 2005, staff had recommended denial because the property is located at the end of a private street and is surrounded primarily by residential homes. The application proceeded to County Council where it was approved. The current nursery is wholesale only and is a specialty nursery. As the application was originally recommended for denial, staff reviewed the reasons for that recommendation. Staff found no violations or complaints reported since The Master Plan in effect at the time of the original application showed the property as Agricultural. On the 2025 Master Plan, the property is depicted as low density residential. Ellie Marr stated that staff visited the property, and the applicant wishes to expand the conditional use permit to the southern portion of his property away from the adjoining residences. The applicant wishes to construct a pole barn to store equipment and in the process, clean up the property. Staff recommends approval of CUP17-12 with the following conditions: 1. The Conditional Use Permit shall substantially conform to the approved 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. Page 5 Planning and Zoning Commission Meeting, September 20, 2017

41 6. All storage shall be under or within a roofed structure unless otherwise shown on the approved CUP concept plan. Chairman Frahm asked if there were any questions for staff. Councilman Mike Klinghammer stated that the original Conditional Use Permit was approved under three conditions. He asked if all of those conditions have been met. Ellie Marr responded yes. Kevin Cleary asked if there was a duration of time that the Conditional Use Permit would last for, due to the fact that the highest and best use of the property may change over a period of time. Ellie Marr responded that there is no extinguishing time period. Chairman Frahm asked if there were any other questions for staff. Seeing no further questions, Chairman Frahm asked the applicant to step forward. Jon Wingo, Applicant, 2205 Ebert Lane, was sworn in. He stated that he wishes to construct a pole barn to improve efficiency for nursery operations as well as to provide a secure facility for storage. Mr. Wingo stated that he has not had any theft problems, but due to urbanization in the area, he would like his equipment to be more secure. Mr. Wingo stated that he currently owns 30 acres on Ebert Lane and resides there. He stated that at his initial hearing for his Conditional Use Permit in 2005, many of his neighbors spoke on his behalf because he is an asset in his neighborhood. Mr. Wingo stated that the neighborhood is a tight-knit community, and he intends to keep it that way. His nursery is similar to Indian Camp Creek Park and other naturalized areas. He stated that his business does prairie and wetland restoration and timber stand improvement in a five-state region, so the vehicles will not be at the property all the time. Mr. Wingo stated that he does work for the Corps of Engineers. Additionally, with the advent of the pollinator crisis, his business has been swamped with putting pollinator and butterfly habitats in to place. As more residential and common ground areas lean towards a more natural approach, Mr. Wingo s business has grown. He wishes to construct the pole barn so that his operations will become more organized. Chairman Frahm asked if there were any questions for the applicant. Seeing none, he opened the public hearing and asked anyone wishing to speak on the application to step forward. Seeing none, he closed the public hearing and asked if the Commission had any further discussion. There being no further discussion, Kevin Cleary made a motion to recommend approval of CUP17-12 with staff recommendations. Roger Ellis seconded the motion. Ron Saettele - Yes Kevin McBride - Yes Kevin Cleary - Yes Roger Ellis - Yes Craig Frahm - Yes Jim Leonhard - Yes Tom Kuhn - Yes Mike Klinghammer - Yes Application No. CUP17-12 was recommended for APPROVAL. The Vote Count was 8 Yeas, 0 Nays, and 0 Abstentions. OTHER BUSINESS APPROVAL OF A CONCEPT PLAN FOR THE EXPANSION OF AN EXISTING NIKE PLANT BUILDING - 8 RESEARCH PARK DRIVE Page 6 Planning and Zoning Commission Meeting, September 20, 2017

42 Application: STP17-39 Applicant: Alberici Constructors, Incorporated Owner: Nike IHM, Incorporated Property Zoning: HTCD, High Technology Corridor District Property Area: acres Proposed Addition: 72,260 Square Feet Council District: 2 Account No.: T Karen Hutchins, County Planner, described the zoning of the subject properties, the surrounding zoning area, and the 2025 Future Land Use Plan. The applicant is seeking an expansion of its current facility to improve the working conditions and environment for their employees and meet increased customer demand for its product line. They are proposing a westward expansion, a chiller plant expansion, and a south expansion. Staff finds that the Nike Corridor is compatible with adjacent properties. It is located in the Research Park District. To the right of the proposed expansion at 6 Research Park Drive is EMD Biospace, to the west is Zyrtec, and to the south is a government property. To the northwest of the subject property is the Weldon Springs Heights subdivision. Karen Hutchins stated that in the High Technology Corridor District, the Planning & Zoning Commission has the discretion to approve such uses to ensure that they are compatible with the surrounding areas. The initial facility was already preapproved when it was constructed under the University of Missouri Board of Trustees and the Missouri Research Park. As of February 2006, the property is independent, and requires the review of the Planning & Zoning Commission. Staff recommends that the Planning and Zoning Commission approve the application as compatible with the adjacent and surrounding uses, and as compliant with the applicable High Technology Corridor District (HTCD) standards. The proposed architectural design is also in compliance with HTCD design standards. If the application is approved by the Planning & Zoning Commission, a site plan must be submitted to the County to be approved through administrative review by the Director of the Division of Planning and Zoning as well as the Director of Division of Development Review, per section of the Unified Development Ordinance. Chairman Frahm asked if there were any letters received regarding the application. Karen Hutchins answered in the negative. Kevin Cleary asked if the building and parking ratios would be included in the final site plan approval. Karen Hutchins responded yes. Chairman Frahm asked if there were any further questions. Seeing none, he asked if the applicant would step forward. Adnan Omeragic, Applicant, stated that they are proposing an expansion on two sides of the property, to the west and to the south, The west expansion is an expansion of the manufacturing floor and will be approximately 24,000 square feet. The south expansion is an expansion of the manufacturing floor as well as community space for the employees, and will be approximately 48,000 square feet. The addition for the chiller plant, which will house equipment for air conditioning in addition to processing chilled water, will be screened on three sides to prevent any noise to neighboring parcels. As part of the overall expansion, additional trees will be provided to ensure that the facility is shielded from neighboring views. The parking lot will also be expanded. Pre-cast panels will be used for the building s construction in order to improve construction methods, but the pre-cast panels will provide essentially the same look as previous panels. Page 7 Planning and Zoning Commission Meeting, September 20, 2017

43 Chairman Frahm asked when Nike moved into the Research Park. Adnan Omeragic responded that they moved into the Research Park in Chairman Frahm asked if there were any further questions. He invited anyone in the audience wishing to speak to the podium. Seeing no speakers, Chairman Frahm asked for further discussion from the Commission. Seeing no further discussion, Chairman Frahm asked for a motion to approve STP Jim Leonhard motioned to approve STP17-39, and Tom Kuhn seconded the motion. Ron Saettele - Yes Kevin McBride - Yes Kevin Cleary - Yes Roger Ellis - Yes Craig Frahm - Yes Jim Leonhard - Yes Tom Kuhn - Yes Mike Klinghammer - Yes Application No. STP17-39 was recommended for APPROVAL. The vote count was 8 yes, 0 no, and 0 abstentions. I. A REQUEST TO AMEND THE PARK CHARLES SOUTH PUD BY CHANGING THE REQUIRED 50 FOOT MINIMUM PROPERTY LINE SETBACK FOR AN EXISTING CARPORT - 1 CREEKWOOD COURT Application: AVR17-01 Applicant: Holland E. Wilcox Property Owner: Holland E. Wilcox and Tamara Wilcox Revocable Living Trusts Current Zoning: R1E/PUD, Single-Family Residential District with Planned Unit Development Overlay District Requested Variance: To allow a front yard setback of 24.5 feet in lieu of 50 feet, as required by Section E.3 of the Ordinances of St. Charles County Missouri Property Area: Approximately 13,187 Square Feet Location: On the southern corner of Creekwood Court and Creekwood Drive Council District: 5 Account No.: A120 Robert Myers, Director of the Division of Planning and Zoning, stated that the property is located in Park Charles South, which is mainly single-family residential subdivision. The subdivision was platted in 1974 as a Planned Unit Development and is located north of St. Peters Howell Road. The property is located on a corner lot. Detached accessory structures require a front yard setback of 50 feet, and the structure was built at less than that. The applicant is essentially requesting that the structure remain where it is. After the structure was built, the building permit was applied for and County Staff was unable to approve it due to the fact that it does not meet the required setbacks designated by ordinance, and because it is constructed out of improper materials. The request is not to change the material as that will have to be dealt with regardless. The applicant is requesting a setback of 24.5 feet. The property is part of a Planned Unit Development (PUD), and thus, granting a setback of 24.5 feet could be accomplished through an amendment to the PUD by the Planning & Zoning Page 8 Planning and Zoning Commission Meeting, September 20, 2017

44 Commission. Robert Myers stated that the application sounds like a variance request, but technically is requesting a PUD amendment. Robert Myers stated that the Commission may recall an amendment to the Augusta Shores PUD about a year ago for a front yard setback. In that case the property had extreme slopes to deal with. That isn t the case with the current application. Staff recommends denial for several reasons. First, the garage is in line with the house next door, and is in direct line of sight from the house across the street, thus the garage s location has an effect on the neighboring homes. Kevin Cleary asked if any inspection process took place when the building permit was applied for, to ensure that the footing was in the right place before completion of construction. Robert Myers responded that the applicant applied for a permit from the Highway Department in order to put in the driveway leading to the structure, but did not apply for a building permit for the structure until it was already completed. Chairman Frahm asked if there were any further questions for staff. Seeing no further questions, Chairman Frahm asked the applicant to step forward. Holland Wilcox, Applicant, was sworn in. He stated that as part of his occupation, he regularly deals with surveying and right-of-ways. Chairman Frahm asked the applicant how he built the structure without the required permits. Holland Wilcox responded that prior to construction he was told by the Planning and Zoning Division that he could place the structure at its current location. Approximately a year and a half ago, Mr. Wilcox signed a concrete and carport contract. A few days prior to that, he called the St. Charles County Highway Department and called the Planning & Zoning Division the same day to explain his plans. Mr. Wilcox stated that he asked Planning & Zoning division staff about setback requirements, and was informed that his setback would be the same as his front yard. Mr. Wilcox stated that he was informed he could measure fifty feet from the center of the street. Mr. Wilcox stated that he built it fifty one feet back from the center of the street in order to give himself a one-foot cushion. Chairman Frahm asked if the applicant contacted the property owner behind him and obtained his thoughts on the structure. Holland Wilcox stated that he maintains great relationships with his neighbors, including the property owner behind him. Mr. Wilcox stated that he has one neighbor who regularly reports violations at other properties to Code Enforcement. Mr. Wilcox stated that three or four homes are singled out for minor infractions. Mr. Wilcox added that he wishes to maintain peaceful relationships with all of his neighbors. Jim Leonhard asked how the applicant built the structure without obtaining the required permit. Holland Wilcox responded that he knew his contractors would need the required permits. He enlisted GNP Contractors and asked if they would pull the construction permit for the project. Mr. Wilcox stated that GNP Contractors said they would pull the permits. He also asked American Steel Carports if they would pull the building permit, and Mr. Wilcox stated that they responded yes. Mr. Wilcox stated he deals with building permits every single day. Several months later he was contacted by Jim Vieth, who informed him that the building permit was not pulled. Consequently, Mr. Wilcox applied for a building permit and was informed that the metal siding and metal cables of the structure were not code compliant. He stated that the Planning and Zoning Division then informed him that his structure does not meet the setback requirements. Kevin Cleary asked how the applicant determined what the center line of the right of way was. Page 9 Planning and Zoning Commission Meeting, September 20, 2017