Idea Transcript
ST. CHARLES COUNTY PLANNING & ZONING COMMISSION AGENDA FOR REGULAR MEETING FEBRUARY 21, 2018 7:00 PM EXECUTIVE BUILDING THIRD FLOOR COUNCIL CHAMBERS 100 N. THIRD STREET, ST. CHARLES, MO 63301
AGENDA
CALL TO ORDER PLEDGE OF ALLEGIANCE CHANGES TO THE AGENDA APPLICATION PUD17-01 - PUD REZONING AND CONCEPT PLAN REQUEST RESEARCH PARK CIRCLE, AND HIGHWAY 40 THIS APPLICATION HAS BEEN WITHDRAWN AT THE REQUEST OF THE APPLICANT PUBLIC HEARINGS I. REZONING REQUEST - 5288 BLASE STATION ROAD Application: RZ18-01 Owners: Claude A. Boschert and Nancy C. Boschert Applicant: Craig Boschert 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 Blase Station Road, approximately 1,300 feet south of Susan Avenue Council District: 6 Account No.: A985000252 Documents: PZ AGENDA PACKET - RZ18-01.PDF II. REZONING REQUEST - 3695 HIGHWAY D Application: RZ18-02 Owners: Gerald A. Keeven & Glennon J. Keeven Revocable Trusts
II. REZONING REQUEST - 3695 HIGHWAY D Application: RZ18-02 Owners: Gerald A. Keeven & Glennon J. Keeven Revocable Trusts Applicant: Gerry Keeven Current Zoning: A, Agricultural District Requested Zoning: C2, General Commercial District Area: 1.636 acres Location: On the north side of Highway D, approximately 800 feet east of Highway DD Council District: 2 Account No.: 596970A000
Documents: PZ AGENDA PACKET - RZ18-02.PDF III. REZONING REQUEST - 5319 BLASE STATION ROAD Application: RZ18-03 Owners/Applicants: Richard P. Boschert and Alice A. Boschert Current Zoning: R1E, Single-Family Residential District (7,000 square foot minimum lot size) Requested Zoning: A, Agricultural District (5 acre minimum lot size) Area: 3.13 acres Location: On the west side of Blase Station Road, approximately 800 feet south of Susan Avenue Council District: 2 Account No.: T990500104 & 898530B000 Documents: PZ AGENDA PACKET - RZ18-03.PDF APPROVAL OF MINUTES FROM THE JANUARY 17, 2017 MEETING Documents: 1.17.18 PZ MTG MINUTES - DRAFT.PDF OTHER BUSINESS APPROVAL OF THE 2018 FIREWORKS REGULATIONS Documents: FW REGULATIONS 2018.PDF ADJOURNMENT
Documents: FW REGULATIONS 2018.PDF ADJOURNMENT
INCLEMENT WEATHER: In case of inclement weather, please call 949-7335 after 3:00 p.m. on the day of the meeting to be informed of the status of the meeting.
REZONING RZ18-01 REZONING REQUEST - 5288 BLASE STATION ROAD Application: Owners: Applicant: Current Zoning: Requested Zoning: Area: Location: Council District: Account No.:
CONTENTS: Staff Recommendation Photo(s) of Site Aerial Photo Surrounding Zoning Map Future Land Use Map Letters received None
RZ18-01 Claude A. Boschert and Nancy C. Boschert Craig Boschert A, Agricultural District (5 acre minimum lot size) RR, Single-Family Residential District (3 acre minimum lot size) 7.00 acres On the east side of Blase Station Road, approximately 1,300 feet south of Susan Avenue 6 A985000252
STAFF RECOMMENDATION To: County Planning & Zoning Commission
Prepared by: Ellie Marr
Application No.: RZ18-01
Date: February 12, 2018
GENERAL INFORMATION
Owner:
Claude Boschert and Nancy Boschert
Applicant:
Craig Boschert
Requested Action:
A zoning map amendment from A, Agricultural District (5 acres minimum lot size) to RR, Single-Family Residential District (3 acre minimum lot size).
Location:
5288 Blase Station Road, located on the east side of Blase Station Road, approximately 1,300 feet south of Susan Avenue.
Size:
7.0 acres
Current Land Use:
Single-Family Residential (one residence) and 10 agricultural structures.
Adjacent Land Use and Zoning: Direction North South East West
Zoning A, Agricultural A, Agricultural A, Agricultural A, Agricultural and R1E, Residential 7,000 sq. ft. minimum lot size
Land Use Farm field Farm field Farm field Farm field and Singlefamily Residential
Year 2025 Plan:
Agricultural
Zoning History:
This property has been zoned A, Agricultural District since 1959 with the inception of County zoning.
SPECIAL INFORMATION Public Services:
County Council District 6 – Mike Klinghammer School District – R5, Orchard Farm School District Fire District – Orchard Farm Fire Protection District
Utilities:
Water – Well Sewer – Individual wastewater treatment system
ANALYSIS The property currently consists of seven acres with a residence located on the parcel. The proposed RR, Single-Family Residential zoning district sought by the owner would allow the parcel to be divided into two lots with a minimum lot size of 3 acres for each lot. A subdivision plat would be required should the property be divided per Section 410.070 (1.) since a previous 3 acre parcel was created out of the original 10 acre parcel in 2003 prior to the 5 acre lot size requirement. In addition, current setback requirements for the existing residence and the accessory structures must be met with the platting requirement. The property currently has approximately 25,800 square feet of agricultural storage buildings which would become a non-conforming use should this application for rezoning be granted. This means that both the square footage of the buildings and the agricultural use of the buildings could continue for the existing buildings, however, they could not be replaced at that size and use category should any buildings be destroyed. Recent ordinance changes to the size limitation of accessory structures on 3 acre lots allow 3,600 square feet per parcel. The applicant has indicated that the purpose of this rezoning request is to divide the parcel into two separate lots and construct an additional residence to the north of the existing residence. While the 2025 Master Plan indicates that the area remain agricultural in land use, there are several 3 acre parcels in the immediate area that are currently used for residential purposes. Directly to the west and north of this parcel, the area is zoned R1E with a minimum lot size requirement of 7,000 square feet. The applicant has not indicated whether the driveway that currently exists would be shared or if a new driveway would be created, however, since a subdivision plat would be required should this rezoning request be approved, the subdivision platting requirements require one interior entrance to a subdivision and the current driveway entrance would meet this requirement. RECOMMENDATION The Planning and Zoning Division recommends that this zoning request from A, Agricultural District, (5 acre minimum lot size) to RR, Single-Family Residential District (3 acre minimum lot size) be approved. In recommending approval of the RR zoning district, staff finds the proposed zoning to be consistent with lot sizes in the immediate area.
Subject Property
RZ18–01 – Aerial
Subject Property
RZ18-01 - Zoning
Subject Property
Subject Property
RZ18–01 – Land Use 2025
RZ18–01 - Topography
REZONING RZ18-02 REZONING REQUEST - 3695 HIGHWAY D Application: Owners: Applicant: Current Zoning: Requested Zoning: Area: Location: Council District: Account No.:
CONTENTS: Staff Recommendation Photo(s) of Site Aerial Photo Surrounding Zoning Map Future Land Use Map Letters received None
RZ18-02 Gerald A. Keeven & Glennon J. Keeven Revocable Trusts Gerry Keeven A, Agricultural District C2, General Commercial District 1.636 acres On the north side of Highway D, approximately 800feet east of Highway DD 2 596970A000
STAFF RECOMMENDATION To: County Planning and Zoning Commission
Prepared by: Mark Price, Jr. AICP
Application No.: RZ18-02
Date: February 14, 2018
GENERAL INFORMATION Owners:
Gerald Keeven Trust / Glennon J. Keeven Trust
Applicant:
Gerald Keeven
Requested Action:
To rezone a property from A, Agricultural District (5 acre minimum lot size) to C2, General Commercial (No minimum lot size).
Location:
3695 Highway D. The property is located approximately 800 feet east of the intersection of Highway DD and Highway D approximately 1900 feet west of the August A. Busch Conservation Area.
Size:
1.63 Acres
Current Land Use:
Single Family Residential
Adjacent Land Use and Zoning: Direction
Zoning
Land Use
North
A, Agricultural District
Single Family Residences
South East
A, Agricultural District/C2, General Commercial A, Agricultural District
Single Family Residences CUP for Storage Buildings Single Family Residences
West
C2, General Commercial
Single Family Residences / New Melle Fire Protection District
Year 2025 Plan:
Commercial
Zoning History:
This property has been zoned A, Agriculture District since the inception of zoning in 1959.
SPECIAL INFORMATION Public Services:
County Council District 2 – Joe Brazil School District – Francis Howell School District Fire District – New Melle Fire District
Utilities:
Water – Public Water Supply District #2 Sewer – Individual Treatment Systems
ANALYSIS The 2025 Future Land Use plan recommends a commercial node around the intersection of Highway D and Highway DD. This proposed node includes this parcel. The owner is not
currently proposing any development plans for the property. The property does not have access to a public sewer, and as such, would be required to be of a commercial use that has a low requirement for sewage use until such time as sanitary sewer becomes available. The applicant proposes to continue the commercial zoning expansion that has been occurring in the area as planned for in the land use plan. The applicant currently owes two parcels to the west of the subject property. If this property were to be rezoned, the applicant will own three lots which would total 4.56 acres of land that is zoned commercial. Planning staff has considered all of the potential land uses that would be allowed in the General Commercial zoning district, given the current road access (Highway D), the buffer requirements between residential and commercial uses (Buffer type 1 or 2), and the other existing commercial in the area, the proposed zoning can be considered appropriate for this property. RECOMMENDATION The Planning and Zoning Division Staff recommends approval of the zoning change from A, Agricultural to C2, General Commercial.
Property looking North
Property located immediately to the west of the subject property.
Subject Property
RZ18-02 – Aerial
Subject Property
RZ18-02 Zoning
Subject Property
RZ18-02 – Land Use 2025
Subject Property
RZ18-02 – Topography
REZONING RZ18-03 REZONING REQUEST - 5319 BLASE STATION ROAD Application: Owners/Applicants: Current Zoning: Requested Zoning: Area: Location: Council District: Account No.:
CONTENTS: Staff Recommendation Photo(s) of Site Aerial Photo Surrounding Zoning Map Future Land Use Map Letters received None
RZ18-03 Richard P. Boschert and Alice A. Boschert R1E, Single-Family Residential District (7,000 square foot minimum lot size) A, Agricultural District (5 acre minimum lot size) 3.13 acres On the west side of Blase Station Road, approximately 800 feet south of Susan Avenue 2 T990500104 & 898530B000
STAFF RECOMMENDATION To: County Planning & Zoning Commission
Prepared by: Ellie Marr
Application No.: RZ18-03
Date: February 12, 2018
GENERAL INFORMATION
Owner/Applicant:
Richard and Alice Boschert
Requested Action:
A zoning change from R1E, Single-Family Residential District (7,000 square feet minimum lot size) to A, Agricultural District (5 acre minimum lot size).
Location:
5319 Blase Station; On the west side of Blase Station Road, approximately 800 feet south of Susan Avenue.
Size:
3.13 acres
Current Land Use:
Single-Family Residential and Agricultural Storage Facilities
Adjacent Land Use and Zoning: Direction North
South
East
West
Zoning R1E, Single Family Residential (7,000 square feet lot size) R1E, Single Family Residential (7,000 square feet lot size) A, Agricultural and R1E, Single Family Residential R1E, Single Family Residential (7,000 square feet lot size)
Land Use Farm field
Farm field and Singlefamily residence Farm field and Singlefamily residence Farm field
Year 2025 Plan:
Agricultural
Zoning History:
This property has been zoned R1, Single Family Residential District since the inception of zoning in 1959.
SPECIAL INFORMATION Public Services:
County Council District 6 – Mike Klinghammer School District – R5, Orchard Farm School District Fire District – Orchard Farm Fire Protection District
Utilities:
Water – Well Sewer – Individual wastewater treatment system
ANALYSIS The property currently consists of 3.13 acres with a residence and several agricultural storage facilities located on the parcel. The proposed A, Agricultural zoning district sought by the owner would allow the parcel to be in conformance with its current use. Agriculture is not a permitted land use in the R1E, Single Family Residential District. While farming of land zoned residential can continue as a non-conforming use, agricultural storage facilities cannot, by ordinance, be constructed in residential zoning districts. The applicant has indicated that the purpose of this rezoning request is to construct an additional grain storage bin. Rezoning to A, Agricultural will allow for construction of this grain bin and any additional agricultural storage facilities that may be constructed in the future. The 2025 Master Plan indicates that the area remain agricultural in land use and this zoning request would bring the existing land uses into conformance with designated 2025 Master Plan land uses. The size of the current parcels combined is 3.13 acres which is less than the required 5 acre minimum lot size requirement for the Agricultural District; however, the owner has increased the size of the original, northern parcel (1.5 acres) with the purchase of the second, southern parcel. In order to process any further building permits for agricultural storage facilities, the owner would be required to combine the two existing parcels in this zoning request to one parcel. RECOMMENDATION The Planning and Zoning Division recommends that this zoning request from R1E, SingleFamily Residential District, (7,000 square feet minimum lot size) to A, Agricultural District (5 acre minimum lot size) be approved. In recommending approval of the A zoning district, staff finds the proposed zoning to be consistent with current land uses located on the parcels.
Subject Properties
Subject Property
RZ18-03 - Aerial
Subject Properties
RZ18-03 Zoning
Subject Properties
RZ18-03 – Land Use 2025
Subject Properties Subject Properties
RZ18-03 - Topography
MINUTES OF REGULAR MEETING
ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION DATE:
JANUARY 17, 2018
TIME:
7:00 P.M.
PLACE:
COUNTY ADMINISTRATION BUILDING 201 N. SECOND ST. ROOMS 115 AND 116 ST. CHARLES, MO 63301
MEMBERS PRESENT:
Ron Saettele; Gary Griffin; Roger Ellis; Kevin Cleary; Robert McDonald; Craig Frahm; Tom Kuhn; and Mike Klinghammer, County Councilman
MEMBERS ABSENT:
Kevin McBride; and Jim Leonhard
STAFF PRESENT:
Robert Myers, Director of Planning and Zoning; Sheila Weiss, Recording Secretary; Jhimae Brock, Recording Secretary; Ardita Roark, Associate County Counselor; and Keith Hazelwood, County Counselor
SPEAKERS:
PUD17-01: Brad Goss, applicant’s representative; Janet Kolb, 300 Wolfrum Road; Stephen Jeffery, representative for Zoltek Corporation; Karen Meyer, representative of the St. Louis Audubon Society; Eric Hrnicek, 25 Rodelle Woods Drive; Bettie Yahn-Kramer, 6312 Weldon Spring Road; and William Belko, Executive Director of the Missouri Humanities Council CUP17-14: Drew Weber, owner’s representative; Paul Renna, 85 Holden Road; Hudson Shade, 2670 South Highway 94; and Gail Griffin, 154 Quail Run Drive
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 and Zoning Commission would make a recommendation on all rezoning and conditional use permit 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, January 17, 2018
PUBLIC HEARINGS I.
PUD REZONING AND CONCEPT PLAN REQUEST - RESEARCH PARK CIRCLE, AND HIGHWAY 40 Application: PUD17-01 Applicant: NT Home Builders, LLC Developers: Missouri Bluffs Golf Joint Venture & NT Home Builders, LLC Property Owner: Curators of the University of Missouri Current Zoning: A, Agricultural District with Floodway Fringe Overlay District Requested Zoning: R3B, Multi-Family Residential District with FF/Floodway Fringe and PUD Overlay Districts Area: 396.72 acres Location: South of the Missouri Research Park, west of Highway 64, and north of the Missouri River; Near the City of Weldon Spring and the Town of Weldon Spring Heights Council District: 2 Account No.: A973001558, A946001690, and T001200001
Chairman Craig Frahm stated that the applicant has requested to table the application until the February 21, 2018 meeting, in order to allow time to undertake a traffic study performed by a traffic engineering firm. He stated that doing so would require a majority vote by the Planning & Zoning Commission. Chairman Frahm asked the Commission members if anyone would like to make a motion to table this application. Mike Klinghammer made a motion to table this application until the next regularly schedule Planning & Zoning Commission meeting. He stated that in order to allow for the best application process, he believes that any applicant should be allowed the necessary time to come up with a plan that makes the most sense. He stated that if the applicant has made changes to this development plan after listening to both the public input and the Planning and Zoning Commission’s requests from the last public hearing, be believes it is incumbent upon the Commission to allow them the necessary time to complete those changes. Keith Hazelwood, County Counselor, advised the Commission that the correct form of the motion would be to “continue” the public hearing rather than table it. He also stated that since there may be parties in attendance this evening that wish to speak on this application, he would advise the Commission that they could open a public hearing and take public input regarding this application prior to voting on whether or not to continue the application. Mike Klinghammer modified his motion to “continue” rather than “table” this application. Chairman Frahm asked the Commissioners if they wished to discuss taking public comment before voting. Gary Griffin stated that he has heard enough regarding this application, and he would like for the Commission to vote on the application this evening. Robert McDonald stated that he agrees with Gary Griffin. Chairman Frahm stated that there has already been a motion to continue this application. Page 2
Planning and Zoning Commission Meeting, January 17, 2018
Roger Ellis stated that the motion can still be withdrawn since it was not seconded. Mike Klinghammer stated he would withdraw his motion for now, as there may be members of the public in attendance this evening that were not present at the last meeting regarding this application. He stated that there may also be members of the public that did not come to this evening’s meeting because they assumed the application was going to be continued. He stated he would be in favor of opening a public hearing, and then voting on whether or not to continue this application. Chairman Frahm stated that in his opinion, if the application is going to be continued then the public hearing on the application should not be held until the next meeting. Gary Griffin stated that according to the applicant’s request, the reason they are requesting a continuance is so that a traffic study can be completed. Chairman Frahm stated that although that is what the request stated, the applicant may have additional reasons for requesting the continuance. He stated that while he is not in favor of opening a public hearing prior to voting on this continuance, he will do so if that is what the Commission wants. Ron Saettele stated that he is in favor of opening a public hearing as long as the public speakers are not reiterating the same concerns that were voiced at the last meeting. There being no further discussion, Mike Klinghammer stated that he would withdraw his motion to grant a continuance until after additional public input has been provided. Chairman Frahm then opened the public hearing, and asked the applicant to come forward. Brad Goss, the applicant’s representative, was sworn in. Mr. Goss stated that in accordance with the Planning & Zoning Commission’s procedures and the County Code he is requesting that this hearing be continued. At the last Planning & Zoning Commission hearing, he told the Commission that they would have a traffic study conducted. In order to conduct this traffic study, they first had to have a scoping meeting with the Missouri Department of Transportation because they control the roads around the proposed development. They also did not want to take traffic counts during the last week of December or the first week of January because their belief was that the traffic would not be normal during that time period. In order to return with an accurate traffic study, they are now in the process of collecting the data for that study so they can come back on February 21, 2018 and present that information to the Commission. They have also substantially modified the original development plan based upon the comments that they received at the last meeting regarding the Duckett Creek Sanitary Plant, the Nike plant, the number of lots, and the type of lots. Chairman Frahm asked if anyone from the audience would like to make public comments on this application. Janet Kolb, 300 Wolfrum Road, was sworn in. Ms. Kolb stated that the residents of Weldon Spring have concerns about the safety of their residential streets. In order for residents from the proposed development to go north to Highway 70, towards St. Charles and the Harvester area, the shortest route would be to cross the overpass and go down several of the residential streets for 3.4 miles. The second shortest route would be for them to take Wolfrum Road for 3.9 miles to Highway 94. The longest route would be for them to go directly to Highway 94, which is 4.2 miles with 5 stoplights. Stephen Jeffery, representative for Zoltek Corporation, was sworn in. Mr. Jeffery stated that he spoke at the last meeting. Mr. Jeffery submitted three photos to the Commission that depict the area to the west/southwest of Zoltek's manufacturing facility and show the steep terrain and ravines that are present behind the manufacturing facility and which provide for storm water drainage in the area. He also presented three photos that show the area just south of the manufacturing facility and north of the road Page 3
Planning and Zoning Commission Meeting, January 17, 2018
leading to the Duckett Creek Wastewater Treatment Plant that show the narrow nature of the area in between the manufacturing plant and the road. Using the cell phone tower that is visible in photos number four and six as a point of reference, the photos show how narrow the space is between the manufacturing plant, the existing tree line, and the nearby road. Zoltek contends that the proposed development should not be located next to a manufacturing plant. Karen Meyer, representative of the St. Louis Audubon Society, was sworn in. Ms. Meyer stated that the St. Louis Audubon Society is concerned about the potential impact of the proposed development on a variety of bird species that use the surrounding area which are listed by the Missouri Department of Conservation as Species of Conservation Concern in their January 2017 checklist. The parcel targeted for development is bordered to the south and west by lands that were identified as part of an Important Bird Area (IBA). IBAs are internationally recognized as landscapes that provide critical habitat for the breeding, migration or over-wintering of one or more at-risk bird species. In 2004, a scientific team led by the Missouri Department of Conservation and Audubon Missouri identified the Busch/Weldon/Howell Conservation Complex IBA in part due to the significant upland forest habitat along the Missouri River bluffs. In the last 10 years, the Busch Complex IBA has been documented to support at least 275 bird species. That’s over two-thirds of the 400 bird species typically found across the entire state of Missouri. Six bird species have been found regularly using the IBA which are also on the MDC list of conservation concern. They include the Bald Eagle, Osprey, Sharp-shinned Hawk and three warbler species including the Cerulean Warbler. They believe that this development could possibly reduce their numbers or push them to another area. Should the Commission decide to approve the development, they ask that preservation be especially focused on the southwest quadrant of the landscape. The area south of the Duckett Creek Wastewater Plant is the most remote from the highway, research park and golf clubhouse, and its development as planned could have the greatest “reach” into the IBA. They ask the lots in this area be reduced in number and/or set back further from the property line. In addition, they ask that the Commission require the developer spell out the manner in which they will achieve a “low impact development.” For starters, they would urge bird- and wildlife-friendly guidelines, such as:
Fully shielded outdoor lighting that minimizes light pollution and potential disturbance to wildlife activity, reduces the risk of fatal bird collisions at night, and saves energy and money, all at the same time.
Pervious pavement or permeable interlocking concrete pavement for driveways, walks and other paved surfaces to reduce polluted stormwater runoff and the need for retention.
Low-reflectivity, bird-legible glass, exterior shading, interior window treatments and/or other techniques to reduce the lethality of glass and window installations.
Use of only native Missouri plants for landscaping on common ground and as options for installed landscaping on individual lots. Natives provide attractive and inspirational habitat spaces, and once established reduce maintenance costs especially the need for fertilizer and water.
Elimination of non-native invasive plants across the 400 acre landscape as part of the development project and a requirement that the community address the re-growth of those same plants. St. Louis Audubon and MDC can provide the list of plants.
St. Louis Audubon has significant concerns with the potential impact of the proposed Bluff’s development project on birds that use the adjacent important bird area, including the Bald Eagle, Osprey, Sharpshinned Hawk and several warbler species. If the rezoning is approved, they demand the developer be required to detail their plans for a “low impact development” and include bird and wildlife-friendly design principles, as outlined above. Eric Hrnicek, 25 Rodelle Woods Drive, was sworn in. Mr. Hrnicek stated that he is a resident of Weldon Spring, and he is also a cyclist. He is concerned that the plans for this development, which were Page 4
Planning and Zoning Commission Meeting, January 17, 2018
submitted at the previous Planning & Zoning Commission meeting, do not include any bike lanes or sidewalks. He also stated that he is not against development, but there are still many open corn fields along Highway 94 and Highway 364 that he would like to see developed prior to this area being developed. Bettie Yahn-Kramer, 6312 Weldon Spring Road, was sworn in. Ms. Yahn-Kramer stated that she finds it interesting that they are proposing to build million-dollar homes so close to the Duckett Creek Sewage Treatment Plant. Although there have not been any major issues with odors coming from the site so far, this could easily happen. In addition, this is a light industrial business park area so it does not make sense to build million-dollar homes near manufacturing plants either. She has been involved with 12 park developments over the last 16 years. They had an engineering firm that convinced them that a very narrow road with no sidewalk would slow traffic for Indian Camp Creek Park. She stated that does not work because when there is a narrow paved area, people treat it as a trail. This means moms are out there with in the street, and people are riding bikes. For this reason, she is concerned about the lack of sidewalks and guest parking for the proposed development. William Belko, Executive Director of the Missouri Humanities Council, was sworn in. Mr. Belko stated he is opposed not only to the development, but also to the rezoning of this property. He stated that one of the Missouri Humanities Council’s premier programs is Missouri’s German Heritage Corridor. They are currently undertaking comprehensive interpretive plan to have a three phase, ten-year implementation program that will bring in millions of dollars of tourism revenue. They feel that this development will threaten the revenue being brought in from his corridor because Highway 94 is the artery of Missouri’s German Heritage Corridor. If approved, this development would potentially shift tourism to a different area. There being no further audience input, Chairman Frahm asked the applicant if he would like to approach the podium to address any concerns that were voiced by the audience. Brad Goss stated that he is still requesting a continuance. He stated that the revised plan will show sidewalks throughout the development, and the completed traffic study will address traffic concerns. The plan also provides for guest parking. They have already voluntarily provided that the development will contain only native plantings on the common ground, and all of the properties as well. They would welcome sitting down with the St. Louis Audubon Society to discuss additional concerns. Mr. Goss stated that he is a member of the St. Louis Audubon Society himself, so he is sensitive to bird life. They do not have any evidence at this point that would show which endangered species actually inhabit this area. The Corps of Engineers will require a wetlands study to be done as part of their permitting process. He will also be happy to meeting with Missouri Humanities Council to discuss their concerns. They are also addressing Zoltek’s issues as best as they can in the modified development plan. They will have a more detailed stormwater study as requested by Mr. Saettele to present at the next meeting as well, if the request for a continuance is granted. Chairman Frahm asked if any Commission members had questions for Mr. Goss. There were none. Mike Klinghammer made a motion to continue the public hearing and discussion of this item until the February Planning and Zoning Commission meeting. Roger Ellis seconded the motion. Chairman Frahm then took a roll-call vote on the motion. Ron Saettele voted no, and stated that he would like to see a revised development plan be brought before the Commission incorporating the changes discussed because he feels like there are too many open items and changes that have been discussed over the last two meetings for this development.
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Planning and Zoning Commission Meeting, January 17, 2018
Gary Griffin voted no, and stated that he does not think this is the right location for this development, and he would like to vote on the application this evening. He stated that there is so much wrong with this property, including all of the anticipated waivers. Roger Ellis voted yes to continue, and stated that is has been common practice for the Planning & Zoning Commission to grant a continuance for these types of applications so that the public’s concerns can be addressed. He is in favor of granting this request, in order to allow the developer time to bring forth a revised development plan and a traffic study for consideration. Craig Frahm voted yes to continue. Kevin Cleary voted yes to continue, and added that unless substantial changes are made to the original plan, he believes there are compelling reasons not to support this development. Tom Kuhn voted yes to continue. Robert McDonald voted no. Mike Klinghammer voted yes to continue. The vote on the motion was as follows: Ron Saettele
- No
Gary Griffin
- No
Craig Frahm
- Yes
Roger Ellis
- Yes
Kevin Cleary
- Yes
Robert McDonald
- No
Mike Klinghammer
- Yes
Tom Kuhn
- Yes
Chairman Frahm stated that the application was CONTINUED until the February 21, 2018 meeting. The Vote Count was 5 Yeas, 3 Nays, and 0 Abstentions.
PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS I.
CONDITIONAL USE PERMIT REQUEST - 2711 HIGHWAY 94 SOUTH Application: CUP17-14 Owner: Defiance Ridge Vineyards, LLC Applicant: Chuck Gillentine, Manager of Defiance Ridge Vineyards, LLC Use Requested: Buildings, structures or open spaces for conducting weddings and/or wedding receptions or other private parties, and a Winery Property Zoning: A, Agricultural District with Floodway Fringe Overlay District Area: 42.00 acres Location: On the west side of the intersection of Highway 94 South and Darst Bottom Road; near Defiance Council District: 2 Account No.: 627570B000
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 Page 6
Planning and Zoning Commission Meeting, January 17, 2018
introduced at the Monday, February 12, 2018 County Council Meeting. Public comment will be taken at tonight’s meeting and at the County Council Meeting on Monday, February 12, 2018. Public comment on the application will not be taken at any meeting of the County Council held thereafter. Robert Myers, Director of Planning and Zoning, stated that this property was formerly known as “Wine Country Gardens”. The property was formerly operating as a nursery and a restaurant under a conditional use permit that was issued in 1997. A second conditional use permit for this property that was issued in 2002 to operate a winery, but the former owner did not develop a winery on the property. Currently, the nursery is no longer in operation and there is only a restaurant. There has now been a change in ownership, and the new owner, Defiance Ridge Vineyards, has a new business plan for this property. The current owner, Defiance Ridge Vineyards, is requesting a conditional use permit to operate a winery. No changes are proposed to existing buildings or parking areas. Wine will be produced in an existing structure that is located on the western side of the property. The owner is also requesting to hold weddings and other special events, such as special themed dinners, class reunions, birthdays, holiday celebrations and other similar events, outdoors. Staff notes these uses are all currently allowed inside the restaurant under the conditional use permit for the restaurant. Those events that are outdoors will be held on the patio adjoining the restaurant. The weddings will occur on the outdoor stage that is currently used for live music during the restaurant’s operating hours. Staff recommends approval of CUP17-14 with the following conditions: 1. The winery shall meet the definition of a winery as defined in section 405.060 in the Unified Development Ordinances of St. Charles County, Missouri. 2. Records demonstrating compliance with the requirements of a “winery” as defined in Section 405.060 shall be made available to the Community Development Director upon request. 3. A site plan must be submitted to and approved by the Community Development Department prior to the conditional use becoming active. 4. All gravel parking areas shall be at least 6 inches thick and void of weeds and vegetation. 5. No conditional use shall be in active use until such time all conditions of approval have been met. 6. No outdoor event shall be held after 11pm or earlier than 11 am. 7. Any amplified outdoor sound shall be limited to 11 am to 11 pm during the businesses hours of operation. Chairman Frahm asked if there were any questions for staff. Gary Griffin stated that he does not see anything in the St. Charles County Ordinance that requires that all gravel parking areas must be at least 6 inches thick and void of weeds and vegetation. He stated that this business has been in operation for over 20 years, and he is not in favor of recommending that 6 inches of gravel or a paved surface be required for the parking areas just because the property has a new owner. Robert Myers responded that while that makes sense in some ways, County Ordinance does require that all parking areas must be paved and striped. However, an alternative dust-free surface six (6) inches in depth may be approved by the Director of the Division of Planning and Zoning provided that the surface is maintained free of weeds and vegetation. Practically speaking, the County won’t require proof that all parking surfaces are six inches deep gravel. Instead, any parking areas where dirt or vegetation show will need to be refreshed. This is something that can be addressed during the site plan approval process, and so he would be comfortable with removing this condition if the Commission wishes to do so.
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Planning and Zoning Commission Meeting, January 17, 2018
Roger Ellis stated asked what the difference is between the existing conditional use permit and the new request. He stated that he has been to Wine County Gardens, and they already have outdoor music on the patio. Robert Myers responded that based on the hours of operation proposed by the applicant, the Commission may want to consider placing limits on the time that outdoor music may be played through this conditional use permit. Kevin Cleary asked if approval on this conditional use permit would allow the owner to hold outdoor events only in the designated patio and stage areas, or if they would be able to hold events anywhere on the 42-acre property. Robert Myers responded that the applicant is proposing to hold outdoor events only on the patio and stage areas of the property. If they were thinking of holding events anywhere else on the property, it should be included in this conditional use permit request. Chairman Frahm asked if there were any other questions for staff. Seeing no further questions, Chairman Frahm asked the applicant or the applicant’s representative to approach the podium. Drew Weber, applicant’s representative, was sworn in. Mr. Weber stated that in response to Roger Ellis’ question regarding the difference between the existing conditional use permit that was issued to Wine Country Gardens, and the new CUP request being made by Defiance Ridge Vineyards, is that there would now be a winery operating on the property in addition to the current activities that are already operating on the property. Defiance Ridge Vineyards, LLC recently purchased Wine Country Gardens and rebranded it as Defiance Ridge Vineyards. The new business continues to operate a restaurant, grow grapes on the property and hold special events. In addition, Defiance Ridge Vineyards is proposing to operate a winery on the property. Although weddings, receptions and other special events have been held on the property for over a decade, the applicant is applying for the conditional use of "buildings, structures or open spaces for conducting weddings and/or wedding receptions or other private parties" in order to insure that this use is in full compliance with the UDO. Wine will be produced in an existing building on the property. Wine-making will use grapes grown on the property as well as grapes grown off the property. At least 50% of the grapes used in the wine-making will be grown within St. Charles County. Wines produced on and off-property will be sold at Defiance Ridge Vineyards. Currently, there are 3.5 acres of grapes planted on the property, with plans to plant at least 1.5 more acres in May of 2019. Defiance Ridge Vineyards also has an agreement with a nearby winery to utilize over 1.5 acres of grapes in wine production. For many years, Wine Country Gardens held special events on its outdoor patio. Defiance Ridge Vineyards will continue holding special events in substantially the same manner. Live or recorded music are occasionally played on the patio during special events. The property is buffered by trees on the northern, southern and western property boundaries. The closest portion of the main building is almost 1,000 feet from the closest residence to the north and over 1,100 feet from the closest residence to the south of the property. One of the primary buildings at Sugar Creek Winery is approximately 125 feet from a nearby residence, and the main building at Chandler Hill Winery is approximately 500 feet from several residential structures. While Defiance Ridge Vineyards desires to install gravel over the parking areas on the property, it requests that the Planning & Zoning Commission waive the requirement that the gravel be 6 inches thick. The owner feels that this requirement is not practical and not desirable, and believes that it would impossible to achieve a 6 inch uniform depth of gravel on all parking areas. Chairman Frahm asked if there were any questions for the applicant’s representative. Roger Ellis asked Mr. Weber if the scope of the owner’s liquor license covers, specifically whether or not retail sales would be limited to the building, or if the license covers the entire 42 acres of the property.
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Planning and Zoning Commission Meeting, January 17, 2018
Drew Weber responded that liquor sales would occur in the building. Roger Ellis asked how far liquor could be taken from the point of sale on the property. Drew Weber responded that he does not believe a liquor license defines where people can take alcohol on the property after purchase, as long as they are not within a certain distance from a church, a residence, or certain other places. The restaurant has already been in operation on this property for at least 15 years, and the retail liquor sales goes along with the existing restaurant use. The only liquor related use being proposed by this application is the winery, and the manufacturing of wine will only be taking place within the existing building on the property. Roger Ellis stated that some of the concerns received regarding this application question whether someone can purchase a bottle of wine and carry the bottle anywhere on the entire 42-acre property while listening to amplified music until 11:00 pm. Drew Weber responded that the amplified music will only be played on the patio area or the gazebo area. Whatever people choose to do with wine that they purchase on the property will be no different than when the business was Wine Country Gardens. He does not know the exact scope of the current liquor license, but he does know that it will not be any different than it was when it was called Wine Country Gardens. Kevin Cleary asked Mr. Weber if the new owner plans to add new parking areas. Drew Weber responded that parking will be basically in the same area that was used for Wine Country Gardens. The applicant is going to remove some grass and weeds in this existing parking area and add new gravel, so the parking area may appear larger than before. Tom Kuhn asked if the owner anticipates being able to handle the increase in traffic volume and additional parking if there were to be a large wedding held on the property that brought in an additional 200 more people than the restaurant currently is used to having. Drew Weber responded that the parking plan shows 180 parking spaces. Large weddings with around 200 guests have already been taking place on the property under the existing conditional use permit, so current parking area should accommodate plenty of people. To his knowledge, there have not been any complaints regarding traffic volume or accidents due to these events so that should not be an issue either. Mike Klinghammer asked Mr. Weber where outdoor music would be allowed to be played on the property. He stated that he believes that previous applicants applying for CUP’s for wedding venues were told that music had to be contained to the interior of the structure only. He stated that although there has already been outdoor music on this property and it does not appear to have caused any issues, he believes this requirement needs to be consistent across the board. He stated that maybe something needs to be written in the Zoning Ordinance that limits outdoor music to within a certain distance from the closest structure. Ron Saettele stated that this issue has been raised in the past regarding some of the marinas along the Mississippi River having outdoor music. He stated that at that time, he referred to requirements that have been enacted in other areas such as the Lake of the Ozarks. In that city, all outdoor music is required to be moved indoors by 10:00 pm. Roger Ellis stated that of the conditional use permits for wedding venues that the Commission has seen in the last six months, the only one that he recalls being restricted to indoor music is the one that was located on McClay Road. He stated that that venue was located right in the middle of a residential neighborhood. Mike Klinghammer stated that he believes that the same restriction was imposed on another location on Dietrich Road. Keith Hazelwood, County Counselor, stated that he believes that a restriction for indoor music only was imposed on that property owner but it was done so at the County Council level. Page 9
Planning and Zoning Commission Meeting, January 17, 2018
Drew Weber responded that he was in attendance for some of these recent requests for wedding venues at both the Planning and Zoning Commission meetings and the County Council meetings. By his recollection, the indoor music requirement was for much smaller parcels a lot closer to residences. The subject property is over 42 acres in size, and nearest adjacent residence is 1,000 feet. The actual patio space where the outdoor music is played is even further from the adjacent residences. Mike Klinghammer stated that he agrees with Mr. Weber, but he still believes that there should be specific guidelines in the County Ordinance that regulate what the distance requirements are for these types of uses with outdoor music. Drew Weber stated that the County does have noise regulations, but certainly distance requirements for outdoor music may be something the County deems appropriate. Currently, there are no distance requirements for outdoor music in the St. Charles County Ordinance, and outdoor music has already been taking place on this property for many years. Robert Myers noted that the definition of Rural Recreational Activity was amended since the Commission last reviewed a wedding venue. Previously, the wording in the Ordinance specified the definition of Rural Recreational Activity as a “Facilities for holding weddings and/or wedding receptions, or other private parties”. This definition was recently amended to “Buildings, structures or open spaces for conducting weddings and/or wedding receptions or other private parties” in order to allow more flexibility on where these types of events can be held. He stated that in his recollection, some of the previously approved CUP’s were approved with the condition that the weddings could be held outdoors, but the receptions have to be held indoors. Drew Weber stated that from a consistency standpoint, several of the other wineries in this area currently have outdoor events and outdoor music, just as this applicant is proposing to do. Mike Klinghammer stated that he understands that the intent of the new owner is to conduct the business and activities on the property the same as Wine County Gardens did for years. His concern is that if this conditional use permit is approved as requested, for the entire 42-acre property, it seems that this would allow for the owner to hold weddings and/or receptions at any location on the property. Robert Myers, Director of Planning & Zoning, stated that if the owner wants to change the area where they hold events, they would then need to seek an amendment to any approved conditional use permit and bring it back before both the Planning & Zoning Commission and the County Council for approval. Mike Klinghammer asked Robert Myers to clarify whether this conditional use permit request if for the entire 42-acre tract, or if it is only for the existing buildings on the property. Robert Myers responded that although the conditional use permit is for the entire parcel, the application specifies where events will be held on the property so that would limit the activities to the specified areas only. The use is required to be in substantial conformity to the approved concept plan. Keith Hazelwood, County Counselor, stated that Councilman Joe Cronin has expressed concerns that conditional use permit applications are sometimes being submitted for approval without a detailed site plan being part of the approval process. If this application were to be approved by the County Council, it would be based on the concept plan that has been submitted. The applicant would then be required to obtain approval from the Community Development Department on a final site plan that substantially conforms to the approved concept plan. Mike Klinghammer stated that he agrees with Councilman Joe Cronin, and he believes that it would be easier for both the Planning & Zoning Commission and the County Council to make decisions on conditional use permit requests if a site plan were required to be submitted at the time of application. Drew Weber stated that on the concept plan that was submitted with this application, there are annotations showing where the winery and the outdoor events will take place on the property. Kevin Cleary stated that he agrees that a site plan should be required to be part of the application process, in order to help clarify exactly what the Commission is considering approving. Page 10
Planning and Zoning Commission Meeting, January 17, 2018
Mike Klinghammer asked how it can be implemented into the Ordinance requirements that a site plan is required to be part of the conditional use permit process. Robert Myers responded that in the packet, there is an ALTA land title survey that was submitted as the owner’s concept plan. He stated that if the County Council feels they need more clarification, they can ask for that. He stated that the initial concept plan submitted with the application is typically general. The site plan that will be submitted to the Community Development Department for final approval will be specific and engineered, and that will have to be in substantial conformance to the concept plan in order for it to be approved. Mike Klinghammer stated that the concept plan in the packet is difficult to read. He asked Drew Weber to submit a clearer concept plan when the application is brought before the County Council. Drew Weber stated that he has an electronic copy of the concept plan that he can make larger for the County Council meeting. There being no further questions for the applicant’s representative, Chairman Frahm opened the public hearing and asked anyone wishing to speak on the application to step forward. Paul Renna, 85 Holden Road, was sworn in. Mr. Renna stated that in 1993 his family and his parent’s family purchased the property adjacent to the subject property. At that time, the property was a private farm with a single resident living on the property. When the owners of Wine County Gardens purchased that property, they met with them and became friends with them. Their initial plan was to have a nursery on the property. Their business then expanded to a small restaurant, and eventually they started holding wedding events on the property. Currently, there are bands playing outdoors on Fridays, Saturdays, and Sundays and the noise is an issue that impedes with the enjoyment of their property. When they have wedding events on the property, they can hear their outdoor sound system from their property as well. Impact on their property values is a concern. In looking at the staff report, they noticed that the current conditional use permit requires that all restaurant activity to be held indoors. He stated that the subject property is located at the top of a hill and in spite of the distance from their house to the subject property; the sound from the current outdoor events does carry to their property. Also, the gravel road northeast of the pond creates a lot of dust from visitor’s cars and the delivery trucks. They would request that this road is required to be paved. They would also request that the owner is required to build a fence along their property line to keep people from trespassing onto their property. Hudson Shade, 2670 South Highway 94, was sworn in. Mr. Shade stated that he and his wife sent in written comments regarding this application. They live across the road from Mr. and Mrs. Renna, and even though they are farther away, they can still hear the music coming from Wine Country Gardens at night. They are also concerned about traffic safety, since there is a lack of police presence in this area. They would request that events be required to end by 9:00 pm. They would also request that no decorations that could possibly become airborne and land on adjoining properties be allowed, and that fireworks be restricted as well. Craig Frahm asked Mr. Shade if Wine Country Gardens was shooting off fireworks. Hudson Shade responded that Wine County Gardens did have a professional fireworks display on the property approximately three years ago. Craig Frahm stated that if they were professional fireworks displays, that would have required a permit. Gail Griffin, 154 Quail Run Drive, was sworn in. Mrs. Griffin stated that she has known the owners of Defiance Ridge Vineyards for years. She has been to Wine Country Gardens at least 150 times, and has also been to Chandler Hill. This in not just a winery, this type of establishment is part of bringing tourism to St. Charles County and the Defiance area. She believes this will be a first-class establishment, and the new business will not be any different than it was with the previous owners. Chuck Gillentine is going to make a quality product, and Mrs. Griffin is in support of this conditional use permit request.
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Planning and Zoning Commission Meeting, January 17, 2018
There being no additional speakers from the audience, Chairman Frahm asked the applicant’s representative if he would like to approach the podium to address any of the concerns voiced by the speakers. Drew Weber approached the podium again. He stated that with respect to the noise concerns, they do not have any knowledge of any noise complaints ever being submitted by any of the neighbors. He stated that letters were sent out to the neighboring property owners to the north inviting any feedback they may have regarding this request, and they did not receive any responses to those letters. From a consistency standpoint, eliminating outdoor music on this property would make this the only winery in St. Charles County that would have that restriction so that would not make sense. As far as the concerns about traffic, this property abuts to Highway 94 which is the largest road in the area. If the concern is that Highway 94 can’t handle the same amount of traffic that it has had for decades, he is not sure how to address that concern. He agrees that this winery promotes agricultural tourism. One of the uses that the 2025 St. Charles County Master Plan calls for in this area are wineries because they promote agricultural tourism. Many people already thought that Wine Country Gardens was a winery. If this conditional use permit request is approved it will bring this property into compliance with the 2025 Master Plan. They are asking for the Commission to recommend approval of this request. The staff recommended condition that amplified outdoor sound shall be limited to 11 a.m. to 11 p.m. during the businesses hours of operation is acceptable to them. Most weddings typically end between 10:00 p.m. and 11:00 p.m. anyway. Restricting the hours to 9:00 p.m. as requested by Mr. Shade would be unusual, and in fact unheard of, in the wedding business. Chairman Frahm then closed the public hearing and asked if the Commission had any further discussion. Roger Ellis stated that in the staff report, it states that “With the proposed short duration of amplified sound, and distance of over 200 feet from the nearest property line, these outdoor events should not be detrimental to nearby land uses”. He asked Robert Myers if the Commission could add a condition that all outdoor events or gatherings shall take place a minimum of two hundred (200) feet from all property lines. Robert Myers responded that the Commission could add that condition if they choose to do so. Gary Griffin stated that sound is subjective, and most of the noise that he hears along Highway 94 in this area comes from motorcycles. He stated that directly across the street at the Trailhead Smokehouse there is outdoor music, and there are also three other venues within close proximity to the subject property that have outdoor music. He has been to Wine Country Gardens, and you cannot hear any outdoor music until you enter the property. Additionally, he would like to remove the condition that states that all gravel parking areas shall be at least 6 inches thick and void of weeds and vegetation, and let the Community Development handle that at the site plan approval level. Kevin Cleary stated that he believes that outdoor music being limited to no later than 10:00 pm has merit and is worth considering. Mike Klinghammer asked if restaurants and bars in Defiance are restricted to certain time limits for outdoor music. Robert Myers responded that bars and restaurants in Defiance are zoned commercial. Since these uses are allowed by right in the commercial zoning district, so they do not have use conditions. Mike Klinghammer stated that the surrounding bars and restaurants that have outdoor sound are a lot closer to residential properties than the subject property. He stated that he is fine with the staff recommended time limit for outdoor sound of 11:00 pm. Gary Griffin stated he is in agreement with this also. There being no further discussion, Roger Ellis made a motion to recommend approval of CUP17-14 subject to staff recommended conditions #1, #2, #3, #5, #6, & #7; and with the added condition that “All outdoor events or gatherings shall take place a minimum of two-hundred (200) feet from all property lines.” Gary Griffin seconded the motion. Page 12
Planning and Zoning Commission Meeting, January 17, 2018
The vote on the motion was as follows: Ron Saettele
- Yes
Gary Griffin
- Yes
Kevin Cleary
- Yes
Roger Ellis
- Yes
Craig Frahm
- Yes
Robert McDonald
- Yes
Tom Kuhn
- Yes
Mike Klinghammer
- Yes
Application No. CUP17-14 was unanimously recommended for APPROVAL, subject to the following conditions: 1. The winery shall meet the definition of a winery as defined in Section 405.060 of the Unified Development Ordinances of St. Charles County, Missouri. 2. Records demonstrating compliance with the requirements of a “winery” as defined in Section 405.060 shall be made available to the Community Development Director upon request. 3. A site plan must be submitted to and approved by the Community Development Department prior to the conditional use becoming active. 4. No conditional use shall be in active use until such time all conditions of approval have been met. 5. No outdoor event shall be held after 11pm or earlier than 11 am. 6. Any amplified outdoor sound shall be limited to 11 am to 11 pm during the businesses hours of operation. 7. All outdoor events or gatherings shall take place a minimum of two hundred (200) feet from all property lines. The Vote Count was 8 Yeas, 0 Nays, and 0 Abstentions.
APPROVAL OF MINUTES Chairman Craig Frahm asked for a motion to approve the minutes for the December 20, 2017 meeting. A motion to approve the minutes was made by Ron Saettele, and the motion was seconded by Kevin Cleary. The minutes were approved by unanimous voice acclamation.
OTHER BUSINESS ELECTION ON OFFICERS Chairman Craig Frahm called for a motion to nominate a new Planning & Zoning Commission Chairman. A motion to nominate Roger Ellis for Chairman was made by Kevin Cleary, and the motion was seconded by Tom Kuhn. The motion was approved by unanimous voice acclamation, and Roger Ellis was elected as Chairman of the Planning & Zoning Commission. Chairman Frahm called for a motion to nominate a new Planning & Zoning Commission Vice-Chairman. Page 13
Planning and Zoning Commission Meeting, January 17, 2018
A motion to nominate Kevin Cleary for Vice-Chairman was made by Ron Saettele, and the motion was seconded by Mike Klinghammer. The motion was approved by unanimous voice acclamation, and Kevin Cleary was elected as ViceChairman of the Planning & Zoning Commission. Chairman Frahm called for a motion to nominate a new Planning & Zoning Commission Secretary. A motion to nominate Tom Kuhn for Secretary was made by Gary Griffin, and the motion was seconded by Craig Frahm. The motion was approved by unanimous voice acclamation, and Tom Kuhn was elected as Secretary of the Planning & Zoning Commission.
ADJOURNMENT OF MEETING Chairman Craig Frahm called for a motion to adjourn the meeting. The motion was made by Roger Ellis, and was seconded by Mike Klinghammer. The motion to adjourn was approved by unanimous voice acclamation, and the meeting adjourned at 8:45 PM.
Respectfully submitted by:
Roger Ellis, Chairman
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Tom Kuhn, Secretary
Planning and Zoning Commission Meeting, January 17, 2018
2018 FIREWORKS STAND REGULATIONS St. Charles County, Missouri In order to operate a temporary fireworks stand in unincorporated St. Charles County (June 25 to July 6), the business must first obtain:
Approval from the County’s Planning and Zoning Commission for a fireworks stand conditional use permit; and
Approval from the County’s Building and Code Enforcement Division; and
Any necessary approvals from the fire protection district where the stand is to operate.
Applications should be submitted online through the “CitizenServe Citizen Access Portal” which can be accessed through the Department of Community Development web page: http://www.sccmo.org/203/Community-Development. CONDITIONAL USE PERMIT SUBMITTAL REQUIREMENTS 1.
Applications for conditional use permits for fireworks stands must be accompanied by the following: a.
A digital copy of a concept plan, drawn to scale, showing the location of all structures and trailers on the property, both permanent and temporary, parking areas, storage facilities, etc. The concept plan must indicate the dimensions of the property and the exact location of all structures, including distances from property lines and between structures. Indicate where the power pole is located. Indicate what type of temporary structure (wood frame or fabric tent). Fabric tents must be fire retardant treated or classified as noncombustible.
b.
A digital copy of a letter from the owner of the property on which the stand is located authorizing the operation of a fireworks stand on the property, dated and notarized not earlier than 60 days prior to the date of the application.
c.
Information on the size and location of on-premise signs and/or banners.
2.
A following land use permit fees shall apply: Stands up to 1,000 sq. ft.: $2,000.00, and stands 1,000 sq. ft. and above: $4,000. (Section 405.515 OSCCMo) All fees, including those for building and electrical permits, may be paid together once permits are ready to issue.
3.
Fees must be paid by cash, cashier’s check, or credit card.
STANDARD CONDITIONS FOR APPROVAL 1.
Site Design. All setbacks of the zoning district in which a stand is located must be observed. All tractor-trailers, trucks, vans, or other temporary vehicles used for storage purposes shall be located a minimum of 50 feet from the tent or stand unless, due to the size of the parcel or lot, this is not possible. In that event the storage facilities must be located as far as possible from the tent or stand. Stands must be located a minimum of 100 feet from underground gasoline storage tank intake valves and vents, gasoline pumps, or any structures or areas that contain flammable materials.
2.
Access and Parking. The following rules about site access and parking shall apply: a. A minimum of five (5) off street parking spaces, one of which designated as accessible, must be provided. These parking areas shall be on a gravel surface at a minimum. There shall be no parking on vegetated areas that could present a fire hazard; i.e. dried grasses, weeds, etc. b. All new or temporary access drives shall be at least 100 feet from an intersection and have approval from the appropriate authority. Such approval shall be submitted in conjunction with the application for the Conditional Use Permit.
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c. No person will be allowed within any street right-of-way flagging or directing traffic. No interference with the flow of traffic near the site of the fireworks stand will be permitted. Fireworks stand employees may direct customers to parking spaces only within the boundaries of the stand's parking lot and driveways on private property. 3.
Fire Extinguishers. Fire extinguishers shall be provided so that one is located within 35 feet of any location within the stand, with a minimum of (2) provided. The minimum weight for each fire extinguisher must be 10 pounds – ABC type extinguisher, and each fire extinguisher must have certification that it has been recharged within the preceding 12 months. All fire extinguishers must be mounted four (4) feet off the ground and clearly visible. Two (2) fifty-five (55) gallon containers of water with covered lids, and one (5) gallon bucket; each marked “FIRE WATER” must also be supplied. Stands must be located a minimum of 100 feet from underground gasoline storage tank intake valves and vents, gasoline pumps, or any structures or areas that contain flammable materials.
4.
Refuse. Each fireworks stand must be kept in a clean and orderly manner and have trash removal service with a hauler licensed by the St. Charles County Public Health Department. Also, each stand must have on site a metal refuse bin of not less than one and one-half cubic yards capacity that conforms to Federal Consumer Product Safety Commission, Part 1301 - Ban of unstable refuse bins. All solid waste generated by the fireworks stand must be placed in the metal refuse bin with the frequency of pickups being dictated by the size of said bin and the time it takes to reach capacity.
5.
Restroom. Each fireworks stand must provide a portable restroom if there are not restrooms available on the site.
6.
Wholesalers may only sell to someone with a sales tax identification number. Buyers with a sales tax identification number must purchase a minimum of $100.00 of fireworks in bulk quantity.
7.
Signs, banners, and Posted Notices. The following regulations for signage required posted notices shall apply: a.
There shall be not more than one (1) sign or banner located on or attached to the fireworks stand or tent. In addition, one (1) ground sign shall be permitted for each stand, located on the same property as the stand. In addition, one (1) sign or advertisement shall be permitted attached to or painted on a tractor-trailer or similar large vehicle parked at the stand location. The total area of these signs shall not exceed 400 square feet each. On-premise signs that contain traffic and parking directions and do not exceed 32 square feet in size each are also permitted. All off-premise signs advertising fireworks stands shall comply with all rules and regulations governing signs of the jurisdiction in which the signs are located.
b.
Required posting of notices per Section 210.105 OSCCMo shall apply.
c.
One or more signs reading "Fireworks-No Smoking" shall be displayed at all places where fireworks are stored or sold in letters not less than four inches in height. Smoking is prohibited within 50 feet of storage and sales areas. Buckets of sand shall be provided at least 10 feet outside the entrance of the stand for the extinguishing of all smoking materials to include but not limited to cigarettes, cigars, pipes, etc. Additionally, a minimum of three (3) exits shall be provided and so indicated with "EXIT" signs.
d.
Signs shall be posted at all points of ingress and egress to and from the fireworks stand stating no sales will be made to anyone under the age of 16.
e.
All fireworks stands that are within 1½ miles of municipalities which prohibit the discharge of fireworks shall have signs posted at all points of ingress and egress to and from the fireworks stand stating, “It is illegal to discharge fireworks within the limits of the city(ies) of _____________.” This same statement shall also be stamped on or printed on a flyer placed in all shopping bags.
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8.
Flashing lights of any type are prohibited. All lighting shall be non-intermittent.
BUILDING PERMIT APPLICATION SUBMITTAL REQUIREMENTS 1.
2.
3.
Applications for building permits for fireworks stands must be accompanied by the following: a.
A site plan, drawn to scale, showing all structures and trailers on the property, both permanent and temporary, vehicle access and parking areas, storage facilities, dumpster locations, etc. The site plan must indicate the dimensions of the property and the exact location of all structures, including distances from property lines and between structures. Indicate where the power pole is located. Indicate what type of temporary structure (wood frame or fabric tent. Fabric tents must be fire retardant treated or classified noncombustible.)
b.
A floor plan, drawn to scale, of the tent or temporary structure showing the location of fire extinguishers and the location and dimensions of all shelving or fixture.
c.
If applicable, a licensed electrical contractor.
The following fees have been established: a.
Temporary Structure building permit
$60.00
b.
Commercial electrical permit
$80.00
The following are some of the more common building and electrical code regulations regarding fireworks stands that must be complied with: a.
All overhead electrical wires less than 12 gauge must be supported by a steel cable and fastened to the cable every 54". Wires spanning over 40 feet must have support cables.
b.
The overhead wire shall be a minimum of 15 feet from ground level.
c.
All electrical panels, receptacle boxes or any other type of exterior devices must be weatherproof and in acceptable condition to meet Electrical Codes.
d.
The only approved extension cords must have "built-in" fuse breakers.
e.
All electrical work must comply with the 2014 National Electrical Code and it is the applicant’s responsibility to obtain all appropriate electric permits.
f.
Fabric tents must be fire retardant treated or classified noncombustible.
4. As in previous years, St. Charles County Building and Code Enforcement Division personnel will inspect permitted firework stands and tents for compliance to the above regulations. This inspection must be made prior to opening the stand. It is the responsibility of the stand owner to call the County Building and Code Enforcement Division at (636) 949-7345 and notify us that the stand is up and ready for inspection. It is also the responsibility of the stand owner to contact the fire district for any permits and/or inspections required from the fire district. SECTION 210.105 OSCCMo: SALE OF FIREWORKS - RESTRICTIONS ON COMMERCIAL OPERATIONS 1. Days of Operation. No sales of fireworks shall be permitted except from June twenty-fifth (25th) through July sixth (6th) of each year. 2. Hours of Operation. No sales of fireworks shall be permitted prior to 8:00 A.M. or after 10:00 P.M. on any day on which such sales are authorized, except that on July first (1st), second (2nd) and fourth (4th), sales may continue until 11:00 P.M. and on July third (3rd), sales may continue until Midnight. 3. Employment of Persons Under The Age Of Sixteen (16). Persons under the age of sixteen (16) shall
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not be employed at any location selling fireworks unless supervised at all times by at least one (1) person over the age of twenty-one (21). 4. Required Sign. A sign bearing the message "Discharge of Consumer Fireworks is Prohibited at All Times within Unincorporated St. Charles County Except Between the Hours of 10:00 A.M. and 11:00 P.M. July 2nd through July 5th and to Between the Hours of 11:30 P.M. on December 31st and 12:30 A.M. on the immediately following January 1st" in letters at least three (3) inches tall shall be conspicuously displayed at each sales location. Such sign shall not count towards the limits of allowable signage provided for by this Section or by the Unified Development Ordinance of St. Charles County, Chapters 405—412, OSCCMo. Additionally, a seller of fireworks shall distribute to each purchaser of fireworks a flyer of at least twenty-four (24) square inches containing the statement: "Discharge of Consumer Fireworks within St. Charles County is Prohibited by Ordinance Except Between the Hours of 10:00 A.M. and 11:00 P.M. July 2nd through July 5th and to Between the Hours of 11:30 P.M. on December 31st and 12:30 A.M. on the immediately following January 1st. Violators may be punished by a fine up to five hundred dollars ($500.00)." 5. Prohibition of Sales. It shall be unlawful for any person to willfully sell any firecrackers, fireworks, torpedoes, bombs, pin wheels, fire balloons, Roman candles, toy cannons, toy pistols, missile or aerial fireworks containing a stick or fin, or other fireworks containing a stick or fin, or other fireworks of a like kind within unincorporated St. Charles County.
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