REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS

Transcription

1 APPLICATION NUMBER APPLICATION (PROJECT) NAME APPLICANT NAME PROPERTY OWNER PDP HSL SPORTS SPORTPORT HSL Sports LLC c/o Greensfelder, Hempker & Gale PC 10 South Broadway, Suite 2000, St. Louis, Missouri City of Maryland Heights Dorsett Road, Maryland Heights, Missouri APPLICANT S REQUEST Rezoning from NU Non-Urban District to PDCO Planned District Commercial Recreation to allow air dome structures at the existing community recreation facility SITE LOCATION Terminus of Sport Port Road, north of Highway 141 STREET ADDRESS SPORT PORT ROAD PARCEL/LOCATOR NUMBER 12Q EXISTING ZONING DISTRICT NU Non-Urban District TOTAL SITE AREA 84.5 acres PLANNING AREA HOWARD BEND PLANNING AREA PUBLIC HEARING April 12 & 26, 2016 REPORT ISSUED CASE MANAGER RECOMMENDATION Michael Zeek, AICP APPROVAL

2

3 DESCRIPTION OF EXISTING SITE CONDITIONS The subject site is 84.5 acres in size and is located at the terminus of Sport Port Road, north of Maryland Heights Expressway. It is a community recreation facility operated by the applicant known as Sportport. The facility has twelve lighted fields (eight grass and four turf) and three unlighted fields. The facility also has a maintenance building, locker rooms, concessions, and over 700 parking spaces. REFER TO FIGURE 1 NEIGHBORHOOD CONDITIONS/LAND USE The Howard Bend Levee passes through the northern portion of the site. A single -family dwelling abuts the site to the southwest. Agricultural uses are located west, east, and south of the site. Further east is the Metropolitan St. Louis Sewer District s Missouri River Wastewater Treatment Plant. Further south is Creve Coeur Lake Memorial Park. Further southwest is Creve Coeur Airport. REFER TO FIGURE 2 ZONING CONTEXT The site and surrounding properties to the west and east are zoned NU Non- Urban District. The First Park site south of the site is zoned PD-M Planned District Manufacturing. Further south, Creve Coeur Lake Memorial Park is zoned MXD Mixed Use District. REFER TO APPENDIX SUPPLEMENTAL MAPS AND EXHIBITS REFER TO FIGURE 3 EXISTING CONDITIONS MATRIX DIRECTION EXISTING LAND USE ZONING DISTRICT COMMENTS North Missouri River n/a City boundary with City of St. Charles East Agricultural; Wastewater treatment plant NU South Undeveloped land PD-M Site of future First Park development West Single-family dwelling; Agricultural land NU HSL SPORTS SPORTPORT PAGE 3

4 BACKGROUND AND REQUEST In 2010, Ultimate Soccer Arenas of Missouri requested a Conditional Use Permit to lease and operate the Sportport soccer complex as a community recreation facility (a conditional use in the NU Non- Urban District). The facility, owned by the City of Maryland Heights, was previously considered a municipal recreation facility (a permitted use in the NU Non-Urban District). The request was approved via adoption of Conditional Use Permit Ordinance The applicant leased and operated the facility for several years. Last year, HSL Sports assumed the lease of Sportport and continues to operate the facility under the terms of Ordinance HSL Sports now requests amendments and modifications to the governing ordinance as follows (the applicant s narrative and other exhibits are attached to this report): Amendment to the building design standards to construct up to four air dome structures. Request to extend the hours of operation, currently 10:00 p.m., to 1:00 a.m. Addition of restaurant/bar as an accessory use Clarification of the extent of special events that may be held on site Clarification of the approval/inspection of temporary structures and signs ANALYSIS A rezoning to PDCR Planned District Commercial Recreation is the best way to facilitate the construction of the proposed air dome structures and to govern the future development and operation of the facility. With the exception of provisions related to the domes, most of the conditions of the current Conditional Use Permit Ordinance ( ) remain intact. The hours of operation have been extended to 1:00 a.m., as proposed by the applicant, to attract adult sports leagues. As noted in the previous report to the Planning Commission dated April 7th, with the exception of the abutting single-family dwelling, it is unlikely that the use would disturb other homes due to their considerable distance from the property. The closest single-family residential subdivision in St. Charles County is almost one mile away and the closest in Maryland Heights is over 1.5 miles from the subject site. In addition to changing the hours of operation, the draft ordinance also establishes a broader range of accessory uses for the facility including sporting goods stores, supplement stores, sports medicine facilities, and bars and restaurants. These uses are included to enhance the facility with related services. The proposed domes are at odds with the Building Design Standards of the Zoning Code because Section E.1 specifically prohibits tensile fabric as a primary building material. However, the Building Design Standards contain provisions which allow the Planning Commission to evaluate unique building designs that provide architecture in a manner outside the scope of standards. The applicant is requesting that the Planning Commission waive this building material requirement to approve the domes at this location. While tensile fabric should be discouraged throughout the City as a primary material, it is appropriate in this case due to the unique nature of the use and site. The large-scale recreational uses on site would be extremely difficult to enclose within a building or buildings meeting all of the Building Design Standards. The standards are simply not intended to address large-scale recreational uses. The location of the domes could also be considered as a mitigating factor. While the precise location of the domes has not been determined, the closest dome would likely be over 2,300 feet from the highway, limiting their overall visual impact. However, due to their extreme size and height, they would still be visible from the surrounding roadways. PAGE 4 APPLICATION FOR PLANNED DISTRICT PDP

5 ANALYSIS (Cont.) REPORT TO PLANNING & ZONING COMMISSION It should also be noted that the Planning Commission approved a similar request for the Twin Domes project in In that case, the applicant proposed two domes 352 feet in width, 702 feet in length, and 107 feet in height each. In this case, the proposed domes are smaller at approximately 240 feet in width, 300 feet in length, and 70 feet in height. The Commission approved the Conceptual Development Plan for that project despite the inconsistency with the Building Design Standards stating: The use of tensile fabrics and air supported structures is appropriate in this case for the special reason of enclosing large-scale recreational uses as proposed by the applicant. The draft ordinance permits up to four domes, subject to the review and approval of a Final Development Plan which shows their extent and location. The ordinance also prohibits signage on the tensile fabric portion of the structures. HSL SPORTS SPORTPORT PAGE 5

6 FINDINGS AND RECOMMENDATION CONSISTENCY WITH COMPREHENSIVE PLAN 1. The City Planner finds that the project is consistent with the goals of the Comprehensive Plan to encourage recreational uses in this area which are unique and have a regional draw. IMPACT ON NEIGHBORHOOD CHARACTER 2. The City Planner finds that the project will not have a substantial adverse impact on neighborhood character, subject to the regulations of the draft ordinance. SITE DESIGN 3. The City Planner finds that the site design will be consistent with the standards of the Zoning Code, subject to review and approval of the Final Development Plan. BUILDING DESIGN 4. The City Planner finds that the use of tensile fabrics and air supported structures is appropriate in this case for the special reason of enclosing large-scale recreational uses as proposed by the applicant. RECOMMENDATION The City Planner recommends that this application for a Planned District be approved by the Planning Commission and that the draft ordinance attached hereto be recommended for adoption by the City Council. The draft ordinance would repeal the current Conditional Use Permit Ordinance governing the property and enact a Planned District in lieu thereof. Michael Zeek, AICP City Planner PAGE 6 APPLICATION FOR PLANNED DISTRICT PDP

7 APPENDIX SUPPLEMENTAL MAPS AND EXHIBITS HSL SPORTS SPORTPORT PAGE 7

8 HWY 141 FIGURE 1: AERIAL PHOTOGRAPH PAGE 8 APPLICATION FOR PLANNED DISTRICT PDP

9 HWY 141 FIGURE 2: EXISTING LAND USE PATTERN HSL SPORTS SPORTPORT PAGE 9

10 HWY 141 FIGURE 3: ZONING MAP PAGE 10 APPLICATION FOR PLANNED DISTRICT PDP

11 EXHIBIT A: APPLICANT S NARRATIVE HSL SPORTS SPORTPORT PAGE 11

12 EXHIBIT A: APPLICANT S NARRATIVE (CONT.) PAGE 12 APPLICATION FOR PLANNED DISTRICT PDP

13 EXHIBIT B: APPLICANT S EXAMPLES OF AIR DOME STRUCTURES HSL SPORTS SPORTPORT PAGE 13

14 EXHIBIT B: APPLICANT S EXAMPLES OF AIR DOME STRUCTURES (CONT.) PAGE 14 APPLICATION FOR PLANNED DISTRICT PDP

15 Recommendation of Planning Commission BILL NO. ORDINANCE NO DRAFT AN ORDINANCE REPEALING ORDINANCE AN ENACTING A NEW ORDINANCE IN LIEU THEREOF TO ESTABLISH A PLANNED DISTRICT AT SPORT PORT ROAD (Petition of HSL Sports LLC with the consent of the City of Maryland Heights) WHEREAS, a public hearing was held before the Planning Commission regarding the proposed Planned District; and WHEREAS, the Planning Commission has found that the proposed Planned District is consistent with the Comprehensive Plan; and WHEREAS, the Planning Commission has found that the proposed Planned District advances the purpose and intent of the Comprehensive Plan; and WHEREAS, the Planning Commission has recommended approval of regulatory standards to guide the future development of the Planned District; and WHEREAS, the City Council has reviewed the recommendation of the Commission and has determined that the proposed ordinance is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARYLAND HEIGHTS, MISSOURI, AS FOLLOWS: Section 1: Conditional Use Permit Ordinance is hereby repealed. Section 2: The zoning of real estate in the City of Maryland Heights for acres of land located at Sport Port Road, as more specifically described below, is hereby zoned "PDCR" Planned District Commercial Recreation. This zoning shall be recorded on the Official Zoning Map of the City. A tract of land being Lot 1 of the Sport Port Subdivision, a subdivision in U.S. Survey 3094 and U.S. Survey 2040, Township 46 North, Range 5 East, according to the Plat thereof recorded in Plat Book 345, Page 573 of the St. Louis County Records, situated in the City of Maryland Heights, St. Louis County, Missouri and being further described as follows: Commencing at the Southeast corner of a tract of land conveyed to Dussault by deed recorded in Book 8200, Page 776 of the St. Louis County Records; thence North 22 degrees 07 West, 12 feet; thence along the South line of a tract of land conveyed to Feiner Farms, Inc. by deed recorded in Book 6962, Page 832 of the St. Louis County Records, North 67 degrees 53' East, feet; thence North 22 degrees 07' West, 36 feet to the Point of Beginning; thence North 22 degrees 07' West 3, feet to the edge of the Missouri River, as located June 22, 1993 by Frontier Land Services, Inc.; thence along the edge of said Missouri River, North 61 degrees 18' 15" East, feet and North 57 degrees 14' 14" East, feet to a point on the West line of a tract of land conveyed to Ethel Ortmann by deed recorded in Book 7565, Page 1692 of the St. Louis County Records; thence along the West line of said Ortmann tract, South 23 degrees 30' East, 4, feet to the North line of Lot 7 of said Bonner's Subdivision; thence along the North line of said Lot 7, South 67 degrees 53' West, feet to the Northeast comer of Lot 2 of the aforementioned Sport Port Subdivision; thence along the north line of Lots 2 and 3 of the aforementioned Sport Port Subdivision South 67 degrees 53' West, feet to the Point of Beginning and containing acres. Section 3: Purpose The purpose of this Planned District is to facilitate the continued development and improvement of the Sportport Community Recreation Facility. The ordinance is intended to provide flexibility in the development and City of Maryland Heights Ordinance No DRAFT Page 7 of 7

16 operation of the facility, particularly to allow multiple large-scale structures on the property, while guarding against potential adverse impacts. Section 4: This zoning is subject to all applicable City ordinances, and the conditions that follow: I. PERMITTED AND ACCESSORY USES A. All permitted land uses in the NU Non-Urban District shall be permitted. B. Community Recreation Facility (LUC #713944) shall be permitted, subject to the limitations of this ordinance. C. Walkways (LUC #713995) and Bikeways (LUC #713994) shall be permitted, subject to the limitations of this ordinance and the design requirements of Article 26, Walkways and Bikeways, of the Zoning Code. D. The following accessory uses to the Community Recreation Facility shall be permitted, subject to the limitations of this ordinance: 1. Sporting Goods Stores (LUC #451110). 2. Food (Health) Supplement Stores (LUC #446191). 3. Sports and Recreation Instruction (LUC #611620). 4. Offices of Physicians (LUC #621111) and Offices of Chiropractors (LUC #621310) for sports medicine. 5. Outdoor Restaurant and Bar/Tavern Seating (LUC #722000). 6. Food Service Contractors and Concessions (LUC #722310). 7. Food Trucks, Trailers, or Carts (LUC #722330), subject to the regulations of Article 28, Itinerant Merchants, of the Zoning Code. 8. Bars and Taverns (LUC #722410). 9. Full-Service Restaurants (LUC #722511). 10. Take Out Restaurants (LUC #722513). 11. Snack and Nonalcoholic Beverage Bars (LUC #722515). 12. Fast Food Restaurants (LUC #722516). II. PLAN SUBMITTAL REQUIREMENTS A. Final Development Plan 1. Prior to the issuance of a building permit for any air dome structure, a Final Development Plan shall be submitted to the City Planner for review and approval. Where due cause is shown by the applicant, the time interval may be extended by the City Planner. 2. The Final Development Plan shall meet the requirements of Section , Final City of Maryland Heights Ordinance No DRAFT Page 7 of 7

17 Development Plan, of the Zoning Code and shall show existing conditions and proposed improvements including, but not limited to, the potential location and extent of any air dome structures. A Final Development Plan may cover each phase or multiple phases. 3. Recording - Within thirty (30) days from the approval of the Final Development Plan, and prior to the issuance of a building permit for any air dome structure, the property owner shall record a copy of the approved Final Development Plan, and any subsequent amendments thereto, with the St. Louis County Recorder of Deeds. Upon written request, this time period may be extended by the City Planner. An electronic copy of the recorded plan shall be provided to the Department of Community Development. B. Site Improvement Plans 1. Subsequent to, or concurrent with, the review and approval of the Final Development Plan, Site Improvement Plans for each phase of construction shall be submitted for the review and approval of the City Planner and City Engineer as part of the building permit application submittal for each phase of development. 2. Prior to approval of the Site Improvement Plans, verification of necessary approvals from the Metropolitan St. Louis Sewer District (MSD) and the Howard Bend Levee District shall be received by the City Planner and City Engineer. III. SPECIFIC DEVELOPMENT REQUIREMENTS A. Access Access to this site shall be provided via the existing entrance from Sport Port Drive. B. Building Design - New buildings shall meet the requirements of Article 13, Building Design Standards, of the Zoning Code except as follows: 1. Air Dome Structures a. The Petitioner is a tenant under that certain Sportport Lease Agreement dated June 12, 2014 ( Lease ) with the City of Maryland Heights ( City ) and the construction and installation of air dome structures shall be allowed by the City under the lease if allowed under a conditional use permit or under any other ordinance promulgated by the City including this one. b. A maximum of four (4) air dome structures employing tensile fabric or other non-rigid materials shall be permitted. c. Said structures shall be in general conformance with the exhibits submitted by the applicant and included in the City Planner s Report to the Planning Commission for PDP dated. Substantial deviations shall be subject to the review and approval of the Planning Commission prior to issuance of building permits. d. The air dome structures shall be permitted in locations approved on the Final Development Plan and Site Improvement Plans. e. The operator shall be responsible for taking necessary steps to dismantle and remove each dome structure in its entirety at the end of the term of the Lease. C. Building Setbacks Buildings, including the air dome structures, shall be set back a minimum of fifteen (15) feet from the limits of this Planned District. City of Maryland Heights Ordinance No DRAFT Page 7 of 7

18 D. Building Height Buildings shall be limited to a maximum height of fifty (50) feet with the exception of the air dome structures which shall be limited to a maximum height of ninety (90) feet. E. Parking and Loading Required parking and loading shall be provided in accordance with Article 14, Parking and Loading Regulations, of the Zoning Code except as follows: F. Signs 1. A minimum of seven hundred (700) parking spaces shall be provided. 1. Replacement of any existing signage with signage of the same type, size, and area shall be permitted, subject to approval of a sign permit. 2. Any new signage that does not otherwise comply with Article 15, Sign Regulations, of the Zoning Code shall be subject to approval of a comprehensive sign package by the City Planner. Said package shall: a. Address the design and location of all existing and proposed signs on site, including, but not limited to, ground mounted or attached identification signs, directional signs, incidental signs, and informational signs. b. Be generally consistent with the purpose, intent, and overall design standards of Article 15, Sign Regulations, of the Zoning Code. 3. Temporary signs for special events shall be in accordance with the provisions of Section 4.IV.A.4.e of this ordinance. 4. No exterior signage, or internal signage visible from the exterior, shall be installed or created on the tensile fabric portion of the air dome structures. G. Landscaping Existing landscaping shall be maintained and/or replaced as needed. The type and size of new or replacement plant materials shall be in accordance with the requirements of Section C, Plant Materials, of the Zoning Code. H. Environmental Standards - Every use, activity, process or operation on the site shall comply with the performance standards prescribed in Article 17, Environmental Standards, of the Zoning Code. I. Lighting 1. Any new or replacement lighting shall be in accordance with the provisions of Article 18, Lighting Design Standards, of the Zoning Code. 2. Field, parking, and pedestrian lighting shall be turned off by 1:30 a.m. All other lighting shall be the minimum amount required to provide adequate security. J. Stormwater Management - Adequate provisions shall be made for the disposal of stormwater, in accordance with the specifications and standards of the Metropolitan St. Louis Sewer District (MSD) and the Howard Bend Levee District. K. Potable Water and Irrigation Potable water facilities shall be in accordance with the requirements of Missouri American Water Company. Additionally, a well may be installed for irrigation purposes. City of Maryland Heights Ordinance No DRAFT Page 7 of 7

19 L. Sanitary Sewers Any sanitary sewer facilities provided shall be in accordance with the requirements of MSD. M. Outdoor Storage of Materials or Equipment (LUC #23885) No outdoor storage of materials or equipment shall be permitted except as follows: 1. Trash dumpsters and recycling areas subject to the requirements of Section 4.III.N, Screening, of this ordinance. 2. Working portable toilets for use by patrons and employees shall be permitted. 3. Exterior storage of vehicles, materials, and equipment associated with the Community Recreation Facility is permitted as follows: a. Said storage shall only occur within the two (2) existing fenced areas to the north and south of the existing storage building. b. Said areas shall be screened from view by adding slats or fabric to the existing chain link fencing or by installation of new fencing providing a minimum of 75% opacity, as approved by the City Planner. 4. For the purpose of clarification, materials or equipment shall include: a. Vehicles other than licensed and operable on-road vehicles; b. Trailers not attached to licensed and operable on-road vehicles; c. Equipment or vehicles used for landscaping or field maintenance; d. Materials or other goods used or sold by the operation; e. Stockpiles of dirt, mulch, compost, fertilizer, hay, road salt, or firewood; f. Brush, debris, trash, or junk; or g. Pallets or delivery containers. N. Screening Screening of trash receptacles, recycling areas, mechanical equipment, above ground utilities, and other functional elements shall be provided in accordance with the standards set forth in Section , Screening of Outdoor Storage, Mechanical Equipment, and Utilities, of the Zoning Code. O Fencing Fencing shall be in accordance with Section , Fences, of the Zoning Code. Additionally, all fencing shall be subject to the review and approval of the City Planner to consider the intent and materials of the fencing and its compatibility with the character of the site. IV. CONDITIONS RELATED TO SPECIFIC USES A. Community Recreation Facility 1. The purpose of the Community Recreation Facility shall be the hosting of camps, clinics, games, leagues, practices, programs, tournaments, and training related to soccer and other recreational sports. 2. Hours of Operation Use of the playing fields shall be confined to the following: a. 7:00 a.m. to 1:00 a.m. daily. City of Maryland Heights Ordinance No DRAFT Page 7 of 7

20 b. Any change in the hours of operation that is outside of the time periods already permitted is subject to the review and approval of the Planning Commission. It shall be the applicant s burden of proof to demonstrate to the satisfaction of the Commission that the additional hours of operation will not cause adverse traffic, noise, public safety, or offsite glare impacts. 3. The operator shall notify the Police Department when tournaments exceeding one hundred (100) teams are scheduled. 4. Special Events Special Events shall be permitted subject to the following requirements: a. Special events may include any of the following: i. Car and vehicle shows. ii. Fairs. iii. Festivals and exhibitions. iv. Fundraisers. v. Private social, professional, civic, and political gatherings. vi Performances (including, without limitation, live music and other entertainment) ancillary to a special event or a permitted or accessory use listed herein. vii. Movie nights. viii. Holiday and seasonal events. ix. Similar events not listed above, subject to the review and approval of the City Planner. b. Special events are subject to City Planner and the Chief of Police approval of a Special Event Permit, in accordance with Section , Special Events, of the Municipal Code. Each permit application shall include the following information: i. Narrative containing a detailed description of the event. ii. Duration (hours/days) of the event. iii. Anticipated attendance. iv. Number of fixed seats, if applicable. v. Map, diagram of dedicated parking spaces. vi. Location of temporary structures within the parking area. vii. Remaining parking capacity, if applicable. c. The sale of goods or products is permitted only if the retail activity is accessory to the special event. d. Temporary structures, including but not limited to tents, raised performance or display areas, etc., shall be inspected for public safety concerns and approved for use and/or occupancy by the Building Commissioner. e. Temporary signs associated with special events that directly impact views from either the public or private rights-of-way or access drives shall be subject to the review and approval of the City Planner as to the type of sign and location. These signs are permitted subject to the following criteria: i. The sign is necessary to identify the nature and location of the special event. ii. The sign is consistent with the character and scale of the special event. City of Maryland Heights Ordinance No DRAFT Page 7 of 7

21 B. Accessory Uses V. MAINTENANCE iii. The sign is located in a manner that does not visually block site triangles at either public and or private rights-of-way or access drives to the special event venue. f. Special events shall be confined to the operating hours of the facility. 1. All necessary permits from the St. Louis County Department of Health shall be obtained for food service and concessions. 2. Retail uses shall be limited to sales of goods specifically related to the recreational uses being conducted at the Community Recreation Facility. 3. Accessory uses shall be confined to the operating hours of the facility. A. The buildings and site shall be maintained in accordance with the Property Maintenance Code. B. The landscaped areas shall be properly maintained. Plant materials shall be replaced or replanted as determined by annual inspection of the site by the City Planner or his assigns. VI. RIGHTS OF APPEAL In the event of a disagreement between any Developer and the City Planner and/or the City Engineer as to the criteria or conditions set forth in this ordinance and/or the Zoning Code, such disagreement shall be submitted to the Planning Commission for recommendation to the City Council, which shall make the decision on such disagreement, provided the Developer shall have the right to appeal such decision pursuant to the City of Maryland Heights Zoning Code and to pursue any other available legal or equitable remedy. Section 5: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED BY THE CITY COUNCIL THIS DAY OF MAYOR/PRESIDING OFFICER APPROVED BY THE MAYOR THIS DAY OF ATTEST: MAYOR CITY CLERK City of Maryland Heights Ordinance No DRAFT Page 7 of 7

22