Minutes - Agenda

Transcription

Minutes - Agenda

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AGENDA
PLANNING AND ZONING COMMISSION MEETING
CITY OF CREVE COEUR, MISSOURI
MONDAY, MAY 17, 2010
7: 00 P. M.
1.
ROLL CALL
Ms. Marcia Niedringhaus, Chair
Mr. Gary Eberhardt
Mr. Barry Glantz
Dr. Robert Hoffman
Mr. Tim Madden
Mr. Carl Moskowitz
Dr. Scott Saunders
Mr.
Mr.
Ms.
Ms.
Carl Lumley, City Attorney
Paul Langdon, AICP, Director of Community Development
Whitney Kelly, City Planner
Pat Rosenblatt, Recording Secretary
Pursuant to Section 610. 022 RSMO, the Planning and Zoning Commission could, at any time during the meeting,
vote to close the public meeting and move to closed session to discuss matters relating to litigation, legal actions
and /or confidential or privileged communications with the City Attorneys as provided under Section
610. 021( l ) RSMO or other matters as permitted by Chapter 610.
Reports, documents, plans, and related materials are available for examination at the Creve Coeur Government
Center, 300 North New Ballas Road, prior to the meeting.
Special disabled service nmy be arranged by contacting the Office of the City Administrator in advance.
2.
ADDITIONS TO —ACCEPTANCE OF THE AGENDA
3.
APPROVAL OF MINUTES OF THE REGULAR MEETING ON MAY 3, 2010
4.
PUBLIC COMMENT
5.
UNFINISHED BUSINESS
None
6.
NEW BUSINESS
10 -010
Chaminade College
425 South Lindbergh
REP:
Mr. John P. KinL-.Esa.
Lathrop & Gage, LLP
7701 Forsyth Blvd., Ste. 400
Re: Conditional Use Permit
Clearwire Communications
Clayton, MO 63105
314 -613 -2809
0
10 -011
Rossman School
CI
REP:
Ms. Patricia A. ShiDle
12660 Conway Road
The Rossman School
Re: CUP Amendment
St. Louis, MO 63141
12660 Conway Road
314 -434 -5877
10 -014
The Hallmark of Creve Coeur
REP:
Mr. John Webster
One New Ballas Place
One New Ballas Place
Re:
Creve Coeur, MO 63146
CUP /SDP
314- 432 -5200
10- 015
Allegro Lake Estates
REP:
Mr. Barry L. Glantz, A. I.A.
Glantz and Associates, Architects
Re:
Minor Site Plan
501 North Lindbergh Boulevard
Entry Monument/ Gates
314 -993 -2160
7.
WORK AGENDA
None
8.
OTHER BUSINESS
A.
B.
9.
Planning Division Report
City Attorney Report
REP:
Mr. Paul Langdon
REP:
Mr. Carl Lumley
ADJOURNMENT
MAY 17, 2010
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ezyCREVE
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COEUR
300 North New Ballas Road •
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Creve Coeur, Missouri 63141
Fax ( 314) 872 -2539 *
314) 432 -6000 •
Relay MO 1- 800 -735 -2966
19490
www.creve- coeur. orc
MEMORANDUM TO THE PLANNING AND ZONING COMMISSION
Meeting Date:
May 17, 2010
Subject:
Application # 10 -010
Application
to
install
additional
roof mounted
antennas behind a new screening device ( "cupola ")
Location:
425 South Lindberg Boulevard
Current Zoning: "
A" Single Family Residental
Requested Action:
Amend Conditional Use Permit Ordinance # 5117
Applicant' s
Mr. John P. King, of Lathrop and Gage, L.C.
Representative:
7701 Forsythe Boulevard, Suite 400
Creve Coeur, MO
63105
Applicant/
Chaminade College Preparatory School
Property Owner:
425 South Lindbergh Boulevard
Creve Coeur, MO
Report Prepared by:
Attached:
63141
4
Draft conditional use permit amendment ordinance.
Applicants supporting documents, received April 15, 2010.
telecommunication
Planning and Zoning Commission
Application 910 -010, Clearwire Communications
425 South Lindbergh Boulevard
May 17, 2010
BACKGROUND AND ZONING REQUEST
On November 9, 2009, the City Council approval Conditional Use Permit Ordinance Number
5117 for Chaminade College Preparatory School. This ordinance also consolidated a number of
pre- existing CUP ordinances for roof mounted
telecommunication antennas on Chaminade Hall.
It also allowed additional antennas subject to various conditions, unless the proposed installation
required an increase or expansion of the screening devices.
Such an expansion requires an
amendment to the CUP ( Ord. 5117).
An application has been submitted by Clearwire Communications for microwave communication
equipment to be installed on the roof of Chaminade Hall that can only be screened by new a
cupola
structure.
The cupola is made of materials that mimic the brick construction of the
building and it will enclose the antennas on all four sides hiding them from sight.
accompanying drawings from Shive Hattery Architecure -
The
Engineering include construction
details and locations for the antennas.
As an addition to the screening devices on the roof, the request can only be approved by City
Council upon receipt of a recommendation of the Planning and Zoning Commission as an
amendment to CUP Ordinance 5117.
REVIEW STANDARDS
In addition to the general approval standards for a conditional use permit prescribed by Section
405 -1070 of the Zoning Code, Section 405. 470( 4) of the Zoning Code specifies the following
additional requirements for roof mounted
communication equipment:
a)
Roof -mounted communication equipment shall not exceed fifteen ( 15) feet in height as measured from the
roof of the building and shall meet the sky- exposure plane requirement in the applicable zoning district if
applicable.
b)
Prior to approval of roof mounted
communication equipment by the City Council, the applicant shall
document their efforts to locate their communication equipment on an existing communication tower
within the City or in close proximity to the City. Such documentation shall also indicate why collocation
on any existing tower is not feasible or not desirable.
c)
The design of the communication equipment shall maximize use of building materials, colors, textures,
screening and landscaping that effectively blend the communication equipment facilities with the
surrounding natural setting and built environment.
d)
In addition to the requirements of Section 405. 1080, the site plan for the roof mounted communication
equipment shall include the following information:
1.
Proposed type, number, and location of antennas or other transmission equipment to be located on the
building roof; and
2.
e)
Location of any adjoining residential districts or structures used for residential purposes.
Roof -mounted communication equipment shall not be installed on residential buildings or on buildings
located on lots used for residential purposes.
f)
Any roof -mounted communication equipment that is no longer in use for its original communications
purpose shall be removed at the owner' s expense. The owner shall provide the city with a copy of the
notice to the FCC of intent to cease operations and shall be given ninety ( 90) days from the date of ceasing
operations to remove the equipment.
Paget
ng Commission
Planning and Z•
May 17, 2010
g)
h)
Application 410 -010, Clearware Communications
Roof -mounted communication equipment shall not be located within 150 feet of any residential structure.
Signs, lighting, other than safety or hazard signs or lighting, shall not be placed on any roof mounted
communication equipment.
STAFF ANALYSIS
The applicant is requesting the addition of a four sided coupla, which will provide screening for
three microwave antennas aproximatly 65 feet above the ground. The addition will go above the
roof line however it will not exceed the allowed height.
There will be ground- accessable
equipment mounted to the wall and painted to match the building.
Little detail has been
provided about the antennas, cupola size, size of the ground base cabient, the height that the
cabinet will be mounted off the ground, or screening to hide the cabient from sight. Nonetheless,
no expansion of the existing compound is needed for this design and the conditional use permit
ordinance already requires that this area be screened from view.
The following observations are made with regard to the CUP Review Standards for roof mounted communication equipment:
a.
The applicant has not submitted any information showing their efforts to locate the
communication equipment on an existing communication tower within the City or in
close proximity to the City;
b.
The design of the communication coupla will maximize the use of building materials,
colors, and textures. The drawings provided lack the elements needed to determine if the
wall -mounted equipment will be screened.
In the staff opinion, the location chosen to mount the cupola housing the antennas looks natural,
and acts as an extension to the building so long as the materials choosen to replicate the facade of
the building are of the highest quality, and exactly match in color. The standards mentioned
above are important in making a decision to approve, or disapprove this amendment; therefore,
staff recommends it be a condition of the approval that the applicant provides supporting data
showing this is the most reasonable location in the City for the antennas and that the applicant
should present samples of the materials that will be used to match the fagade of the building and
more detailed drawings of the antennas and wall -mounted equipment cabinet with their building
permit application.
CONCLUSION AND ACTION
If the members of the Planning and Zoning Commission believe that the proposed installation
satisfies the requirements of the Zoning Code, they must vote on a recommendation to the City
Council. The first opportunity for a public hearing before City Council is June 14, 2010.
The following is an example motion for this application:
1) "
I move to recommend approval of an amendment to the Conditional Use Permit Ordinance
Number 5117, subject to the conditions in the draft ordinance attached to the staff report on
application
motion)."
10 -010,
dated May 17,
2010. (
conditions may be modified by preceding
U
ORDINANCE NO.
BILL NO.
AN ORDINANCE AUTHORIZING AN AMENDMENT TO' ORDINANCE
NUMBER 5117 FOR CHAMINADE COLLEGE PREPARATORY SCHOOL
AUTHORIZING ADDITIONAL ROOF -MOUNTED COMMUNICATIONS
EQUIPMENT LOCATED AT 425 SOUTH LINDBERGH BOULEVARD
WHEREAS, application was made by John P. King of Lathrop and Gage, L. L. P.,
on
behalf
of
Clearwire
Communications,
Inc.,
to
install
communications equipment on the roof of Chaminade
Lindbergh Boulevard, in the "A ", Single- family
WHEREAS,
under
equipment in the " A ", Single- family
roof -mounted
Hall, located at 425 South
Residential zoning district; and
405.250. C. 8,
Section
additional
all
roof -mounted
communication
Residential Zoning District require the issuance of a
Conditional Use Permit as provided in Section 405. 1070; and
WHEREAS,
Number
5117,
a
on
November
consolidated
9,
2009,
Conditional
the City Council approved Ordinance
Use
Permit
for
Chaminade
College
Preparatory School and roof -mounted communication equipment on Chaminade Hall;
and,
WHEREAS, on May 17, 2010, the Planning and Zoning Commission of the City
vote recommended approval of said application and
of Creve Coeur, by a
accompanying site development plan to amend Ordinance Number 5117 on certain
conditions as allowed by Section 405. 1070. D. 2; and
WHEREAS,
a public hearing was held by the Creve Coeur City Council on
2010, beginning at 7: 00 p. m. or immediately following the
Monday, ,
close of the previous public hearing, on said application for the Conditional Use Permit
as provided by Section 405. 1070. D. 3; and
notice of publication for said public hearing had been previously
published at least 15 days prior to the hearing, in the St. Louis Countian, a newspaper
of general circulation in the City of. Creve Coeur, and
WHEREAS,
WHEREAS, all parties desiring to be heard, either for or against said application,
were given an opportunity to be heard, and a copy of the proposed ordinance has been
made available for public inspection prior to its consideration by the Council; and this
Bill having been read by title in open meeting two times before final passage by the City
Council, and
WHEREAS, the City Council finds that the application and evidence presented
clearly indicate that amended conditional use, subject to the conditions in Ordinance
Number 5117, together with the proposed amendments set forth herein:
1.
Complies
with
all
other
applicable
provisions
of
this
Chapter
including
environmental performance standards presented in Section 405. 550, the criteria
E
ORDINANCE NO.
BILL NO.
in Section 405.470 and the standards of this Chapter in regard to yard and
setback, parking and loading areas, screening and buffering, refuse, storage and
service areas and signs.
2.
Will contribute to and promote the community welfare and convenience at the
specific location.
3.
4.
Will not cause substantial injury to the value of neighboring property.
Meets the applicable provisions of the City's Comprehensive Plan and any
applicable
neighborhood
or
sector
plans
and
complies
with
zoning district regulations and provisions of this Chapter,
other
unless
applicable
good
cause
exists for deviation there from.
5.
Will provide, if applicable, erosion control and on -site stormwater detention in
accordance with the standards contained in this Chapter.
6.
Will be compatible with the surrounding area and thus will not impose an
excessive burden or have a substantial negative impact on surrounding or
adjacent users or on community facilities or services.
NOW, THEREFORE, be it ordained by the City Council of the City of Creve
Coeur, St. Louis County, Missouri, as follows:
Section
1:
Section
3. IV.A, Roof -Mounted
Telecommunication
Facilities,
of
Ordinance Number 5117, shall be amended to include the following:
6.
Three (
3)
microwave
antennas
for
Clearwire
Communications,
or
their
successors and assigns, may be installed, subject to the following:
a.
The installation shall be in substantial conformance with the drawings and
depictions submitted with Application Number 10 -010 and attached hereto as
Exhibit A; and,
b.
The installation shall be subject to all plan submittal and permit requirements
of Chapter 405, the Zoning Ordinance, and Conditional Use Permit Ordinance
Number 5117; and,
c.
No permit to install the antennas shall be issued without prior submittal of
materials samples confirming that the proposed cupola -style screen shall
mimic the existing brick construction of Chaminade Hall,
approval of the Zoning Administrator; and,
d.
subject to the
All ground- mounted support equipment shall be screened from public view.
Section
2:
The City Administrator of the City of Creve Coeur is hereby
authorized and directed to issue a Conditional Use Permit in accordance with the
provisions of this ordinance, said permit to expressly provide for the conditions and
stipulations hereinabove set out in Section 2 of this ordinance.
CJ
ORDINANCE NO:
BILL NO.
Section 5:
This ordinance shall become effective in accordance with Section
3. 11 ( g) of the City Charter.
ADOPTED THIS
2010.
DAY OF ,
A. JAMES WANG
PRESIDENT OF CITY COUNCIL
APPROVED THIS
DAY OF
12010.
HAROLD DIELMANN
MAYOR
ATTEST:
DEBORAH RYAN, MRCC
CITY CLERK
PROPOSED CLEARWIRE
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SLAW NONE
NOTES:
1. THIS EXHIBIT MAY BE REPLACED BY . A LAND SURVEY OF THE PREMISES ONCE IT IS RECEIVED BY LESSEE.
2. SETBACK OF THE PREMISES FROM THE LAND' S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE
GOVERNMENTAL AUTHORITIES.
3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING POLICE
AND FIRE DEPARTMENTS.
4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE
ONLY. ACTUAL TYPES, NUMBERS, MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE.
5. EQUIPMENT LAYOUT IS APPROXIMATE. EQUIPMENT INSTALLATION CONTRACTOR IS TO PLACE EQUIPMENT TO ALLOW MINIMUM
PROPER REQUIRED ACCESS.
6. LAT. 38' 38' 58.6" N LONG: 90' 24' 24.2" W ELEV. 582' AMSL
7. OWNER: CHAMWADE COLLEGE PREPARATORY INC CONTACT: TOM WOJCIECHOWSKI ( 314) 993 - 4400 Ex'r. 117
SHivE,-HATTERY
ARCHITECTURE - ENGINEERING
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APR 15 2010
PLANNING DEPT.
Illinois -
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PROJECT NO.
CLEARWIRE - MO- STLO393
425 S LINDBERGH BLVD.
CREVE COEUR, MO. 63141
DATE
DRAWN
APPROVED
09/ 22/ 09
KS
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FIELD BOOK
REVISION
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MO- STLQ39
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APR 15 2010
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Illinois -
Missouri -
Nebraska
PROJECT NO,
8096015
425 S LINDBERGH BLVD.
CREVE COEUR, MO. 63141
DATE
DRAWN
APPROVED
09/ 22/ 09
KS
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REVISION
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SHEET NO.
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314) 432 -6000 •
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Fax ( 314) 872 -2539 •
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Relay MO 1- 800 -735 -2966
www.creve- coeur.ora
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
Meeting Date:
May 17, 2010
Subject:
Rossman School Conditional Use Permit Amendment
Location:
12660 Conway Road
Current Zoning: "
Requested Action:
A" Single- family residential.
Conditional use permit and site development plan amendment to allow rear
entry renovations and installation of a kindergarten playground
Applicant/
The Rossman School
Property Owner:
c/ o Ms. Patricia Shipley
12660 Conway Road
Creve Coeur, MO
63141
Report Prepared by:
5.
Paul Langdon, AICP
Director of Community
Attached:
Draft Conditional Use Permit Amendment Ordinance
Applicant' s materials, received April 13, 2010.
Letters of opposition from residents Oehler, Wilson, and Tauk.
Letter of support from resident Bauer.
Date
0
0
Application 910 -011, The Rossman School CUP Amendment
12660 Conway Road
May 17, 2010
The Rossman School received conditional use permit ( CUP) approval from the City on February
12, 1990, following annexation. The school subsequently purchased additional land from the
Lucky Lane Preschool to use for their athletic fields. This required a rezoning of the pre -school
from " HE" Higher Education to " A" Single- family Residential and amendment to the Rossman
CUP, both approved on July 12, 1999 ( Ordinances 2010 and 2011, respectively), followed by final
plat approval to tie the school' s lots together that was approved on September 13, 1999 ( Ordinance
2018).
The school has also purchased Lots 4, 5, and 6 of the Conway Gardens Lane subdivision.
These lots are at the end of the cul -de -sac and border the school property to the west. The lots are
not, however, included in the CUP ordinances.
Issues of impact upon the residential character of
the surrounding subdivisions has been a key issue with every prior review process.
The school currently has a rear door on the west side of the building that is served by a loop
driveway connecting the front parking lot with the driveway off Conway Road via the south and
west sides of the building. This door provides access to the common areas within the building.
The school now wishes to reconfigure the inside such that the rear door would become the
exclusive entry for their kindergarten classes.
Associated with this entry would be a portico
covering the walkway from the driveway curb to the door. Adjacent to the entry walk would also
be a new kindergarten playground. Finally, to provide room for these new features, the driveway
loop will be moved several feet to the west, crossing the existing property line in the process.
The
grading necessary to support the driveway will result in the loss of several mature trees and an area
of scrub, mostly Japanese Honeysuckle. These plants will be replaced with a naturalized landscape
containing a variety of native shrub and tree species, all on what is currently a vacant residential lot
owned by the school.
Since this work requires a physical addition to the building, the enlargement of the driveway, the
installation of an entirely new playground, and the incorporation of the residential lots into the
CUP, it is considered an expansion of the conditional use and, per Ordinance 2011, it must be
approved by the City Council upon the recommendation of the Planning Commission.
LAND USE AND ZONING OF SURROUNDING PROPERTIES
The adjacent zoning and land uses are as follows:
Direction
Use ;
North
Single -family residences
Pre -school and university
South
T.
Zoning.Distnct
P
F
A" Single -family Residential
A" Single- family Residential
ji
Separatedby
4__ •_
N/ A
N/A
and " HE" Higher Education
East
West
Single- family residences
College Park Drive
Conway Gardens
Lane ( partly)
COMPREHENSIVE PLAN REVIEW
The Comprehensive Plan contains many goals directed at the protection of residential areas from
non -residential development. The '* Residential Preservation and Economic Development" section
of the overall goals contains the following:
Page 2 of 6
0
0
Application #10 -011, The Rossman School CUP Amendment
May 17, 2010
12660 Conway Road
Mitigate the impact of non -residential uses such as lighting, noise, and trash on residential uses
where they are adjacent (p. 21).
The applicants have not proposed any new lighting and staff is unaware of any complaints
stemming from the current conditions. What is less easy to control is noise. The increased use of
the rear entry and the location of the playground will introduce some additional noise to the west
side of the building, but it is not an increase over today' s prevailing conditions since it involves the
same student enrollment that currently exists. There is no physical barrier to mitigate this noise,
but the vacant lots to the west do provide a 50 -foot to over 200 -foot buffer between the school
property line and the nearest residences on Conway Garden Lane.
Conway Wold Subdivision is a similar distance away from the entrance.
The nearest house in the
A related goal in " Residential Preservation and Economic Development" states:
4.
Protect residential areas from encroachment of non -residential uses ( p.21).
This is further supported by a goal within the Residential Neighborhoods chapter that reads as
follows:
4.
New construction or development within the boundaries of existing institutional uses will
be permitted only upon demonstration that negative impacts on surrounding residential
areas related to site planning, building design and material, landscaping, buffering,
access, signage, and other land use impacts will be mitigated.
Clearly the primary concern of the Comprehensive Plan is the impact on adjacent residences.
In
the case of the Rossman School, these impacts have been the subject of much review in the past.
The three residential lots on Conway Gardens Lane provide a wide buffer between the school and
the houses on that street. The loss of some of the existing vegetation does potentially compromise
this buffer to a degree, but the applicants are attempting to address this concern through extensive
planting of evergreen trees. Staff does recommend that no more than 25% of the evergreen trees be
White Pines as they offer only fair screening value. Norway Spruce, Colorado Spruce ( species
only), and American Holly (a Missouri native but potentially too prickly for this location) are much
preferred.
DESIGN GUIDELINES AND PEDESTRIAN PLAN ANALYSIS
As a minor addition to the building, there are few design concerns, although it is worth identifying
that the proposed portico utilizes similar design elements as the main entrance.
The short walking
distances between the entrance and the drop -off area and the playground do promote pedestrian
safety, especially where small children are involved.
ZONING ANALYSIS
As a conditional use in the " A"
Single -family Residential zoning district, the school is subject to
the district regulations, the standards for a CUP in Section 405. 1070, Conditional Use Permits, of
the Zoning Code, and the pre -determined conditions in Section 405. 470( 25), Elementary and
Secondary Schools. These standards and conditions read as follows:
Page 3 of 6
Application # 10 -011, The Rossman School CUP Amendment
May 17, 2010
12660 Conway Road
Section 405. 1070 Conditional Use Permit
E.
Standards
1.
Complies
with
all other
applicable provisions
of this
Chapter
including
environmental performance standards presented in Section 405. 550, the criteria in
Section 405. 470 and the standards of this Chapter in regard to yard and setback,
parking and loading areas, screening and buffering, refuse, storage and service
areas and signs.
2.
Will contribute to and promote the community welfare and convenience at the
specific location.
3.
4.
Will not cause substantial injury to the value ofneighboring property.
Meets the applicable provisions of the City's Comprehensive Plan and am.,
applicable neighborhood or sector plans and complies with other applicable Zoning
district regulations and provisions of this Chapter, unless good cause exists for
deviation therefrom.
5.
6
Will be compatible with the surrounding area and thus will not impose an excessive
burden or have a substantial negative impact on surrounding or adjacent users or on
communityfacilities or services.
405. 470(25) Elementary and Secondary Schools - -SIC Code 821 ( conditional use in the A, B, C,
D, AR, MR, PO and RO districts)
a)
Shall be located on lots of not less than three ( 3) acres: and
b) Athletic fields shall be separated from adjacent residentially -zoned land by a minimum
six foot high opaque screen of berms, evergreen plant material, fences or a combination
thereof.
c)
Lights for major outdoor recreation and entertainment facilities shall require approval of
a Site Development Plan in accordance with Section 405. 1080.
While the supplemental requirements of Section 405. 470 are met, and the majority of the " A"
district and CUP requirements are met, the west side of the building does focus attention on one
critical issue, especially the school' s only option for meeting the requirements of Section
405. 250( E)( 3)( f), Buffet- yard,for conditional uses, which states:
6.
Buffer yard for conditional uses:
Notwithstanding the provisions of paragraph 405. 250( E)( 3)
above, any lot or parcel abutting or adjoining a single- family use in a residential district shall provide
a buffer yard of twenty- five ( 25) feet on all sides that abut the single- family use in the residential
district. The minimum required buffer yard shall be increased in five ( 5) foot increments, up to a
maximum of fifty ( 50) feet, for each acre of the subject property. All acreage shall be rounded up to
the next whole number for buffer yard calculations purposes. An additional two ( 2) feet of buffer yard
shall be provided for every foot of building or structure height exceeding forty-five ( 45) feet. The
buffer yard shall not contain any impervious surface and shall be landscaped and provided with other
screening devices as deemed appropriate by the Planning and Zoning Commission. Should the
adjoining property convert to a single- family use, the owner and /or conditional use permit holder
shall initiate and complete the construction and installation of the required buffer yard within eighteen
18) months from the date of the official letter from the Planning and Zoning Commission
Chairperson sent to the property owner and conditional use permit holder identifying that such buffer
yard is required, due to the adjoining land use conversion. The Planning and Zoning Commission and
City Council shall review and approve such buffer yard.
The required buffer for this project, given an area over five acres , reaches the maximum of 50 feet.
This requirement is easily met, but only if the vacant residential lots are included in the CUP.
Bringing these lots into the CUP heightens nearby- resident concerns over the impact on the
residential character of the area since it could bring school activities directly onto a residential
street. The school has indicated that the lots would only be used for passive activities, but they are
Page 4 of 6
i
Mm 17, 2010
12660 Conway Road
not able to fully articulate those plans at this time. Therefore, any CUP amendment approval
should contain a condition that limits driveway expansion to the easternmost five feet of Lot 6, and
regarding to the easternmost 50 feet of Lot 6. The school should not be discouraged from adding
more trees throughout the property as these increase the buffering effect. To further support this
deliberate decision to exclude the Conway Gardens lots from the active use of the school, the
concept plan ( labeled " Overall Site Plan" by the applicant' s consultant) should be modified prior to
final approval with labels reading " To Remain Vacant" on the three residential lots so it is clear
that no development of the lots is being acknowledged or supported at this time.
DRAFT ORDINANCE
In keeping with current practices, the attached draft ordinance incorporates the relevant conditions
from past ordinances for the school, and introduces new conditions related to the kindergarten
entry and playground proposal.
The draft ordinance also incorporates a number of format and
procedural changes consistent with current City policies and procedures.
CONCLUSION
The physical expansion proposed is small, but the implication for the surrounding property owners
is much greater; use of the residential lots has long been an unacceptable expansion of this use for
those residents. It appears that this proposal will not have any of the impacts that the residents fear
and, since it includes activities already on the campus, it does not represent the first step down a
slippery slope. This is only true, however, if the buffer is properly repaired after construction and
it is clear to the school that this amendment does not encourage any construction beyond what is
proposed. If the school eventually chooses to pursue greater use of the vacant lots, they will have
to defend that request on its own merits in its own time.
ACTION
If the members of the Planning and Zoning Commission believe that the proposed expansion is
safe and appropriate given its use as a kindergarten entrance and playground, and that the
conditions in the attached draft ordinance will protect the nearby residents from unwanted impacts,
then they should vote to support a motion recommending approval of the request.
An example
motion to this effect is:
I move to recommend approval of an amendment to the Rossman School CUP as requested,
subject to the conditions contained in the draft ordinance attached to the staff report on
application #
10 -011,
dated May
17th,
2010." (
amendments should be made by separate,
preceding motion( s).)
APPENDIX 1: COMPREHENSIVE PLAN, INCLUDING DESIGN GUIDELINES AND PEDESTRIAN PLAN
Included and attached by reference. See report for specific excerpts.
APPENDIX 2: ZONING CODE
Page 5 of 6
0
May 17, 2010
12660 Conway Road
APPENDIX 3: AERIAL MAP OF SUBJECT PROPERTY
Legend
Lot Lines
1)
i
School -owned
Property
N
v
F
1
Not to Scale
A
Page 6 of 6
CJ
BILL NO.
ORDINANCE NO.
AN ORDINANCE REPEALING CONDITIONAL USE PERMIT ORDINANCES 1373 AND
2011 AND AUTHORIZING THE ISSUANCE OF A NEW CONDITIONAL USE PERMIT,
WITH ASSOCIATED SITE CONCEPT AND SITE DEVELOPMENT PLANS FOR THE
ROSSMAN SCHOOL LOCATED AT 12660 CONWAY ROAD
WHEREAS, an application was submitted by The Rossman School, a private not -forprofit elementary school located at 12660 Conway Road in the " A" Single Family Residential
District, to amend their Conditional Use Permit Ordinance 1373, as amended by Ordinance
2011, and approve the site concept and site development plans to allow the construction of a
kindergarten entrance and playground; and .
WHEREAS, all private not -for -profit schools must be issued a conditional use permit as
required by Section 405. 250( C) and 405.470( 25), and as provided
Conditional Use Permits, of the City of Creve Coeur Zoning Code; and,
in
Section 405. 1070,
WHEREAS, on ,
2010, the Planning and Zoning Commission of the City of
a site
Creve Coeur, recommended approval of said conditional use permit ( voting ),
concept plan ( voting )
and a site development plan for the new kindergarten entrance and
with certain conditions as per Section 1070( D)( 2);
playground ( voting )
and,
WHEREAS, a public hearing was held by the Creve Coeur City Council on Monday,
2010, beginning at 7: 00 p. m. or immediately following the close of the
previous public hearing, on said application for the Conditional Use Permit as provided by
Section 1070( D)( 3);
and,
WHEREAS, notice of publication for said public hearing had been previously published
at least 15 days prior to the hearing, in the St. Louis Countian, a newspaper of general
circulation in the City of Creve Coeur; and
WHEREAS, all parties desiring to be heard, either for or against said application, were
given an opportunity to be heard, and a copy of the proposed ordinance has been made
available for public inspection prior to its consideration by the Council; and this Bill having been
read by title in open meeting two times before final passage by the City Council; and,
WHEREAS, the City Council finds that the application and evidence presented clearly
indicate that the proposed Conditional Use, when subject to certain conditions set forth herein:
1.
Complies with all other applicable provisions of this Chapter including environmental performance
standards presented in Section 405. 550, the criteria in Section 405.470 and the standards of this
Chapter in regard to yard and setback, parking and loading areas, screening and buffering,
refuse, storage and service areas and signs.
2.
3.
4.
5.
Will contribute to and promote the community welfare and convenience at the specific location.
Meets the applicable provisions of the City' s Comprehensive Plan and any applicable
neighborhood or sector plans and complies with other applicable zoning district regulations and
provisions of this Chapter, unless good cause exists for deviation therefrom.
Will provide, if applicable, erosion control and on -site stormwater detention in accordance with the
standards contained in this Chapter.
CJ
BILL NO.
ORDINANCE NO.
Will be compatible with the surrounding area and thus will not impose an excessive burden or
have a substantial negative impact on surrounding or adjacent users or on community facilities or
services.
NOW, THEREFORE, be it ordained by the City Council of the City of Creve Coeur,
Missouri, as follows:
Section 1: Ordinances 1373 and 2011 authorizing conditional use permits for a private
not -for -profit school commonly known as The Rossman School are hereby repealed.
Section 2:
A new consolidated Conditional Use Permit is authorized to be issued
pursuant to Section 5 hereof, subject to the conditions set forth in Section 3 hereof for a private
not -for -profit school commonly known as The Rossman School and generally located at 12660
Conway Road on land more particularly described as:
TO BE PROVIDED
Section 3:
The Conditional Use Permit granted shall be subject to all applicable
statutes, ordinances, rules and regulations, and the following conditions:
PERMITTED AND CONDITIONAL USES — In addition to the permitted uses in
the " A" Single- family Residential zoning district per Section 26 -30 of the Zoning
Code, the following uses shall be permitted subject to the conditions contained in
this ordinance:
A.
B.
All permitted land uses in the "A" Single- Family Residential District.
Privately operated not -for -profit elementary school for junior kindergarten
through grade 6.
ACCESSORY USES —Only
III.
as provided in Section 405.460.
SITE CONCEPT AND SITE DEVELOPMENT PLAN REQUIREMENTS
A.
The school campus shall be developed and maintained in substantial
conformance with the " Conditional Use Permit Package" submitted in
conjunction with Application #
10 -011 drawn by Farnsworth Group, Inc.,
and Mitchell Wall Architecture and Design, Inc., dated April 12, 2010, or
as further revised as required and approved by the City of Creve Coeur.
B.
All new construction proposals shall satisfy the requirements of Section
405. 1080, Site Concept, Site Development and Minor Site Plan Approval,
of the Zoning Code, and all of the conditions of this ordinance
applicable prior to issuance of any building or grading permits.
C.
as
The applicant is required to submit Building Plans for all new. construction
to the Building Department for review, as required by Section 405 -1090 of
the Zoning Ordinance. The final Building Plans shall be in substantial
conformance with the " Conditional Use Permit Package" submitted in
ORDINANCE NO.
BILL NO.
conjunction with Application #
as further revised as required and approved by the City of Creve Coeur,
and a Site Development Plan or Minor Site Development Plan approved
in conformance with Section 405 -1080, Site Concept, Site Development,
and Minor Site Development Plans, of the Zoning Code.
D.
The applicant is required to submit Grading Plans, showing all exterior
improvements, for all new construction to the Division of Planning for
review, as required by Section 41.0 -380 of the Subdivision and Land
Development Regulations ( Subdivision Code). The Grading Plans shall
be in substantial conformance with the " Conditional Use Permit Package"
submitted in conjunction with Application #
10 -011 drawn by Farnsworth
Group, Inc., and Mitchell Wall Architecture and Design, Inc., dated April
12, 2010, or as further revised -as required and approved by. the .City of
Creve Coeur., and a Site Development Plan or Minor Site Development
Plan approved in conformance with Section 405 -1080, Site Concept, Site
Development, and Minor Site Development Plans, of the Zoning Code.
E.
All applications pursuant to the requirements of Section 405 -1080 shall
include a Final Landscape Plan for review and approval by the City in
compliance with Section 405 -540 of the Zoning Ordinance. The Final
Landscape
Conditional
Application #
Plan
shall
Use
also
Permit
be
in
substantial
Package"
submitted
conformance
in
with
conjunction
the
with
10 -011 drawn by Farnsworth Group, Inc., and Mitchell Wall
Architecture and Design, Inc., dated April 12, 2010, or as further revised
as required and approved by the City of Creve Coeur.
IV.
SPECIFIC DEVELOPMENT REQUIREMENTS
A.
Development Intensity — Roof -mounted telecommunication antennas are
permitted subject to the following:
The gross floor area of the school shall not exceed 61, 500 square
feet.
2.
Total student enrollment shall not exceed 225 students in any one
school year.
3.
No expansion of the land area covered by the pre- existing parking
lot and drive aisles within the required 50 -foot buffer areas will be
permitted except as required and approved for safe ingress and
Such approval shall be deemed an amendment to this
conditional use permit subject to the provisions of Section 3( V),
Miscellaneous, of this ordinance.
egress.
4.
The drive aisle serving the kindergarten entrance at the west side
of the building must not encroach more than five ( 5) feet onto the
U
BILL NO.
ORDINANCE NO.
adjacent Conway Gardens Subdivision lots owned by the school,
measured from the eastern limits of said lots.
5.
Any grading or land disturbance in support of the kindergarten
entrance drive aisle, except for tree and shrub planting, must not
encroach more than fifty ( 50) feet onto the adjacent Conway
Gardens Subdivision lots owned by the school, measured from the
eastern limits of said lots.
B.
Ambient Lighting Requirements — All on -site lighting shall be designed to
provide the minimum lighting necessary to ensure adequate vision and
comfort in parking areas according to the Illuminating Engineers Society
of North America Recommended Practices for Parking Facilities ( IESNA
RP- 20 -98) and shielded to not cause glare or direct illumination onto
surrounding properties or public /private rights -of -way.
C.
Athletic Field Requirements —
The existing athletic fields shall remain in
place, as is, subject to the following:
All structures associated with the athletic fields, including but not
limited to storage buildings, bleachers and press box, shall remain
in
substantial
conformance
with
the " Conditional
Use
Permit
Package" submitted in conjunction with Application # 10 -011 drawn
and Mitchell Wall Architecture and
12,, 2010, or as further revised as
by Farnsworth Group, Inc.,
Design,
Inc.,
dated April
required and approved, by the City of Creve Coeur except as may
be permitted by the Department of Community Development for
accessibility or fire safety reasons.
2.
No sports field lighting shall be permitted.
3.
The use of outside public address systems shall be prohibited
except for special events on the adjacent sports- field, limited-to no
more than four (4) events per school year.
4.
Any outside public address systems shall be arranged and tuned
such that sound levels do not exceed seventy ( 70) decibels ( db)
measured at any school property line.
5.
The outdoor athletic facilities may be used on Saturdays only
between the hours of 9: 00 a. m. and 5: 00 p. m.
6.
The outdoor athletic facilities shall not be used on Sundays except
for special events, limited to no more than four (4) times per year
and only between the hours of 9: 00 p. m. and 5: 00 p. m.
7.
The outdoor athletic facilities shall not be rented or leased to
outside
groups
or
organizations
other
than
Missouri
Baptist
University or Lucky Lane Nursery School and their successors.
BILL NO.
ORDINANCE NO.
8.
The school shall take steps to ensure that the school grounds and
adjacent residential lots included in this conditional use permit
ordinance
have
been
cleaned
before
8: 00
a. m.
the morning
following athletic events to prevent litter and debris from being
scattered onto surrounding properties.
E.
Landscape Regulations -
All on -site landscape shall be installed and
maintained in accordance with Section 405 -540,
Landscaping,
of the
Zoning Ordinance, and the " Conditional Use Permit Package" submitted
in conjunction with Application #
as further revised as required and approved by the City of Creve Coeur,
and the following: . ..
The
school
shall
maintain
all
mature
trees
on
the
campus,
including dense woodlots in the vicinity of the property lines
adjacent to single -family residences, according to accepted
arboricultural standards.
2.
No more than 25%
of all newly planted evergreen trees may be
White Pine species ( Pinus strobus).
3.
All landscape improvements shall be irrigated and maintained in
vigorous
condition
by
the
school
according
to
accepted
horticultural practices.
4.
Vegetation that is totally or predominantly dead and /or disfigured,
due to natural life span, disease, or injury, shall be replaced as
needed in a prompt and workmanlike manner as dictated by
accepted horticultural practices.
F.
Environmental Performance Standards
All refuse containers shall be for the exclusive use of the school
and shall be located within screened, sight -proof storage areas.
2.
All new mechanical equipment shall be completely screened from
view and buffered for noise attenuation with materials the same or
very similar in appearance to those used in nearby buildings,
subject to the review and approval of the Zoning Administrator.
3.
All site grading and drainage shall be approved by the City of
Creve Coeur Department of Public Works, the Metropolitan St.
Louis Sewer District ( MSD) and the Missouri Department of
Conservation, as applicable, prior to the commencement of
construction.
ORDINANCE NO.
BILL NO.
V.
MISCELLANEOUS
A.
There shall be no outdoor storage of any building or landscaping
materials or equipment.
This shall not be deemed to apply to sporting
equipment.
B.
All new, modified or altered overhead utilities located on the site shall be
placed underground.
C.
Any future enlargement, extension, expansion or alteration in the use of
the structures or site depicted on the " Conditional Use Permit Package"
submitted in conjunction with Application # 10 -011 drawn by Farnsworth
Group, Inc., and Mitchell Wall Architecture and Design, Inc., dated April
12, 2010, or as further revised as required and approved by the City of
Creve Coeur, and any approved site development plan must be approved
by the City Council upon receipt of the recommendation of the Planning
and Zoning Commission as an amendment to the Conditional Use Permit
before a building permit for the enlargement, expansion or alteration may
be issued.
V.
LIMITATIONS
A.
The continuation of the use permitted by this ordinance shall be
dependent upon the conditions established under the permit and this
section.
In the event of a change of conditions or noncompliance with
the City Council shall have the authority to revoke the
conditional use permit after affording the permittee the right to be heard.
conditions,
B.
Any transfer of ownership or lease of the property shall include in the
transfer or lease agreement a provision that the purchaser or lessee
agrees to be bound by the approved Site Development Plan for the
property and the conditions herein set forth, and written confirmation
thereof signed by the new owner or lessee shall be filed with the City at
the time of such transfer or lease. Failure to comply with this provision
shall not excuse anyone from these conditions.
Section 4:
The Site Development Plan pertaining to the Playground and Drop -off
Modifications as depicted in the " Conditional Use Permit Package" submitted in conjunction with
Application #
10 -011 drawn by Farnsworth Group, Inc., and Mitchell Wall Architecture and
Design, Inc., dated April 12, 2010, is hereby approved for construction, subject to all applicable
PLAN SUBMITTAL REQUIREMENTS —
All grading, building, landscape and
lighting plans submitted for construction shall be in strict conformance with those
submitted as required under Section 3 of this ordinance.
II.
LIMITATIONS
ORDINANCE NO.
BILL NO.
A.
The development of the project permitted by this site development plan
approval shall be dependent upon the conditions established under this
ordinance and Section 405 -1080, Site Concept, Site Development and
Minor Site Plan Approval, of the Zoning Ordinance.
B.
In the event of a disagreement between any owner /operator and the
Zoning Administrator as to whether the use of the site meets the criteria
or conditions set forth
in this approval, 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
Section . 26 -118, Variances and Appeals of the City of Creve Coeur
Zoning Ordinance and to pursue any other available legal or equitable
remedy.
Section 5:
The City Administrator of the City of Creve Coeur is hereby authorized and
directed to issue a. Conditional Use Permit in accordance with the provisions of this ordinance,
said permit to expressly provide for the conditions and stipulations hereinabove set out in
Section 3 of this ordinance.
Section 6:
This ordinance shall become effective in accordance with Section 3. 11 ( g) of
the City Charter.
Adopted this
day of
2010.
A. JAMES WANG
Approved this
day of
2010.
HAROLD L. DIELMANN
MAYOR
ATTEST:
DEBORAH RYAN, MRCC
CITY CLERK
RECEIVED
Mr. Paul Langdon, Director
APR 2 7 2710
City of Creve Coeur Community Development
300 New Ballas Road
PLANNING DEPT.
Re: Rossman School Outdoor Classroom Plans
Dear Mr. Langdon,
We are writing you regarding the Rossman School outdoor expansion. We are neighbors residing at 455
Conway Garden Lane, the subdivision adjacent to the west of the School.
We are strongly opposed to the School' s development of the property at the south end of Conway
Garden Lane into an outdoor classroom.
The School acquired these properties when they were in residential use. The City zoning and use is
specified as residential. The By -Laws of the Street' s Trusteeship, to which the School belongs, specify
7.) the " properties will be used for private, residential use only —not for any other purpose."
We ask that the city maintain its use and zonings and that the city respect our By -Laws, because these
are in accordance with the city' s interest. It is our interest, and that of others on the street and in the
area, to maintain the character of the city which has made it a premier city.
This development would detract from the neighboring residential property' s values and the city' s tax
base, and it would not enhance any aspect of our neighborhood.
Thank you for your attention to this matter,
Barbara Oehler
Kurt Oehler
455 Conway Garden Lane
March 12, 2010
Cc: Harold Dielmann, David Kassa rider, Robert Haddenhorst
RECEIVED
APR 0 6 2010
300 New Wallas Road
PLANNING DEPT.
Dear Mr. Langdon,
I am writing you regarding the Rossman School outdoor expansion. I am a neighbor
e Conway Gardens
residing at 9.%
School.
t, the subdivision adjacent to the west of the
LkW
l
I support the School' s development of the property at the south end of Conway Garden
into an outdoor classroom.
I understand the School will implement the plan in phases and that the first phase will
involve a new drop off and pick area with a canopy on the west side of the school. The
outdoor classIooms will grow over time.
Throughout this process the School will maintain their properties and act as a good
neighbor. They will enhance our neighborhood.
1-
F
Name
4 6 CO- UWIII
G0-rII
Address
F)T,(2I c._. .
Date
a CN v
4N
,
)&
1
RECEIVED
City of Creve Coeur Community Development .
300 New Ballas Road
APR
201
PLANNING DEPT.
Dear Mr. Langdon,
Conway Gardens LAN C the subdivision adjacent to *the west of the
residing at
School.
outdoor classrooms will grow over time.
i uMM
Name
q
4t3,NjE. .
0
I
Address
Date
W ? 79- iNW S ci9bat.
R;, NOT
R-
tfooc-
IfiR,
RECEIVED
BAR
6=2010
PLANNING ..
P.
300 New Ballas Road
Dear Mr. Langdon,
residing at
4+ 8 Conway Gardens4toktt the subdivision adjacent to the west ofthe
L. AWIC
School.
outdoor classrooms wiil grow over time.
In . .. .
r
1
T
Address
r
l3
Da e
s
an
r6ss
8D
T
7@N
12660 CONWAY ROAD
SAINT LOUIS, MISSOURI 63141 -8625
314 434. 5877
314 434. 1668 FAX
WWW. ROSSMANSCHOOL. ORG
PATRICIA A. SHIPLEY
Head ofScboo!
BOARD OF TRUSTEES
Rationale for Junior /Senior Kindergarten Playground
SUSAN P. SULLIVAN
President
DAVID M. STOKES
Vice - President
LORI A. CASTER
Treasurer
LAURA D. PADOUSIS
Secretary
PAULJ. TRELSTAD
Stant
Assistant
Secretary
Rossman School is petitioning the City of Creve Coeur for approval of a
new Junior /Senior Kindergarten playground on the west side of its
building. In order to do this, the School must relocate its present
driveway by moving it 35 feet. For the safety of the children, it is
important that this new playground be located as close as possible to the
IA M. AHMAD, M. D.
LAURA D. BARNES
MICHAEL P. BOURNSTEIN
Junior and Senior Kindergarten classrooms. Close proximity to the
classrooms will also have educational benefits, as it will allow the
CATHERINE Y. CARLSON
JAMES D. CHALFANT
JOHN
K. HANDY
R. ALTON
LACEY, PH. D.
ARTHUR L. LUEKING, SR.
ELIZABETH M. NIESEN
ALLAIN R.
ROY
PATRICIA A. SHIPLEY
LINDA S.
SMITH
AMIR H. TAJKARIMI
FIONA G. WOODS
playground to become a seamless aspect of the classroom environment.
The American Academy of Pediatrics recognizes the benefits of such
integrated play experiences in their clinical report, The Importance of Play
in Promoting Healthy Child Development and Maintaining Strong Parent Child Bonds ( 2007): " Play allows children to use their creativity while
developing their imagination, dexterity, and physical, cognitive, and
emotional strength. Play is important to healthy brain development."
LINA A. YOUNG
Because the School' s present playground must meet the developmental
ADVISORY BOARD
ANNE OC. ALBRECHT
MARCIA K. ARMSTRONG, PH. D.
HAL C. BALL
MARK J. BREMER'
needs of children through sixth grade, some of the present equipment is
too challenging, and therefore presents some safety issues, for the Junior
and Senior Kindergarten children. In designing the new playground, the
School will select age- appropriate equipment, which will provide a broad
THOMAS R. COLLINS, JR.
range of play experiences and improve safety. Additionally, two
TERRY S. DUNAWAY
playgrounds will enable the School to better meet the educational needs
SUZANNE C. ENGELHARDT
JOSEPH J. GAZZOLI
JAMES H. HOWE III
JIM
of all of its students because of increased flexibility in the school' s recess
schedule.
LINSIN, PH. D.
JEAN A.
MADSEN, PILD.
MICHAEL NI.
MCCARTHY
LEE F. MOISIO
WILLIAM
In designing the new playground area, the School will include adequate
trees and shrubs to ensure the park -like atmosphere on the west side of
R. ORTHWEIN, JR.
DAVID C. PRATT
the building.
MATTHIAS D. RENNER
RICHARD B. SCHERRER
TODD R. SCHNUCK
EDFF11 J. SPINK
THOMAS E. STURGEON III
ANDREW C. TAYLOR
GREGORY F. TAYLOR
LYNDA A. WIENS
RECEIVE D
DAVIDDAVID L. WOODS ^
RICHARD R. WOODS
APR 13 2010
y
PLANNING DEPT,
V
C
CREVE COEUR
G
r
300 North New Ballas Road *
J'
Fax ( 314) 872 -2539 •
314) 432 -6000 •
1949'
Relay MO 1- 800 -735 -2966
www.creve- coeur.orc
MEMORANDUM TO THE PLANNING AND ZONING COMMISSION
Meeting Date:
May 17, 2010
Subject:
Hallmark of Creve Coeur
1 New Ballas Place
Location:
Current Zoning:
CB" Core Business
Requested Action:
Conditional Use Permit Approval for Nursing and Personal Care
Applicant' s
Mr. John Webster, of The Hallmark of Creve Coeur
Representative:
1 New Ballas Place
Creve Coeur, MO
Property Owner:
63146
KG Missouri —CC Owner, L.L.C.
1 New Ballas Place
Creve Coeur, MO
63146
Report Prepared by:
Paul Langdon
Director of Community
Attached:
Draft conditional use permit ordinance.
Applicant' s narrative, received April 20, 2010.
Applicant' s site plan, dated April 30, 2010.
Date
0 •
Application 410 -014, Hallmark of Creve Coeur
May 17, 2010
1 New Ballas Place
The Hallmark of Creve Coeur is a senior, independent living facility that was originally
approved on October 20, 1997, but underwent several changes until receiving final approval for
its current form on March 20, 2000. The 6 -story facility opened in 2002 with 218 units. It has
surface and structured parking under the building, and extensive landscaping including a wet
retention area. Since the original request was only for an independent living facility (a permitted
use), the facility only required site development plan approval.
The applicant is requesting that 40 of the first floor units be allowed to be licensed as assisted
living units. In the " CB" district,. skilled nursing, assisted living and residential care are all
conditional uses.
The applicant has, specifically, requested approval of a CUP for Nursing and
Personal Care ( SIC Group 805). However, staff believe that it is prudent to amend the request to
include Residential Care ( SIC Group 836) as this is the intermediate level of care between the
existing, independent living and the nursing/personal care requested. It should also be noted that
the applicant has submitted a site plan with this application, but that plan is merely a reflection of
the original approval given in 2000.
The new plan can be referenced for the purposes of this
application, but the attached draft ordinance will refer to the original approval package as this is
what guided the actual development in the field.
Direction
Use
North
Zoning District
Separated by
St. Louis County Single- family
N/ A
Residential
South
West Oak shopping
CB" Core Business
N/ A
center
East
St. Louis County Single -family
N/ A
Residential
West
Multi- family residences
CB" Core Business
Craig Road
REVIEW STANDARDS
In addition to the general approval standards for a conditional use permit prescribed by Section
Section 405. 470( 23) of the Zoning Ordinance specifies the
following additional requirements for nursing and personal care facilities:
405 -1070 of the Zoning Code,
23.
Nursing and personal carefacilities--SIC Code 805 ( conditional use in the " HE ", 711" " GC" and
CB" districts).
a.
Shall be located on sites of at least three ( 3) acres.
b.
The density of development ( for apartment -type units) within a personal care facility shall not
exceed twenty (20) dwelling units per acre. Living units with cooking facilities shall count as
one ( 1) dwelling unit and living units without cooking facilities shall count as two- thirds ( 2/ 3)
of a dwelling unit for purposes of calculating the density of development.
Paget
0 •
May 17, 2010
Application # 10
-014, Hallmark of Creve Coeur
1 New Ballas Place
c.
Personal care facilities shall be primarily residential in character; however, convalescent and
nursing homes, centralized eating facilities for residents of the facility, medical facilities and
similar uses associated with the long- or short -term care of patients may be included.
d.
No building shall be located within fifty (50) feet of any property line.
No additional requirements are in place for residential care facilities in the " CB" zoning district.
COMPREHENSIVE PLAN REVIEW
The Comprehensive Plan does not speak directly to this site or these uses but, as a part of the
Central Business District ( CBD), the site is in an area for which the Comprehensive Plan
repeatedly advocates a mixture of uses, including residential. While it is true that the proposed
spectrum of uses transitions from true residential to more of a medical use ( skilled nursing), the
facility remains a place where people live. It generates relatively little traffic, has no ancillary
uses that are available to the public and the proposal does not include any modifications to the
site development plan. In other words, the facility was an accepted element of the CBD when
the Comprehensive Plan was approved in 2002, and there is nothing in the proposal that should
affect that standing.
ZONING CODE REVIEW
Given that neither the building nor the overall site will change with this proposal, there are few
zoning concerns. In fact, the applicant has made verbal statements to staff that many residents
have been privately contracting for personal services. In other words, the proposed use is, to
some degree, already occurring on the property and there have not been any noted issues;
approval of this request will bring these activities into conformance with the Zoning Code.
One common issue when uses change, however, is whether or not the parking supply will
continue to meet the Zoning Code requirements. Applying the standards for multi- family
residential and nursing facilities, the parking' required is calculated as follows:
Multi- family: ( 50 x 2) + (
Nursing: ( 46 x 0. 5) = 23
50 x 1. 75) + ( 78 x 1. 5) =
TOTAL PARKING: 304. 5 +
304. 5
23 = 327. 5 ( 328)
When the site development plan was originally approved, it was allowed 145 spaces built plus an
additional 215 " phantom" stalls to be built upon demand from the City if a shortage was noted.
This yields a total potential supply of 360 parking stalls which exceeds the requirement. Given
that nursing care and assisted living are lower parking generators, and that no overflow problems
have been observed, staff recommend that the parking remain as originally approved.
Given the existing condition of the development and the lack of issues that it raises, the Planning
Commission should condition the CUP on the maintenance of the existing site development plan.
An upper limit should also be placed on the number of non -independent living beds, however, so
that any further changes will provide an opportunity for the City to assess if the site or the
surrounding neighborhood are experiencing any adverse impacts arising from the change of use.
Application # 10
-014, Hallmark of Creve Coeur
May 17, 2010
1 New Ballas Place
If the members of the Planning and Zoning Commission believe that the inclusion of residential
care is appropriate given the existing conditions and the applicant' s interest in a full -spectrum
care facility, then they should first vote on a motion to amend the request to include Residential
Care ( SIC Group 836), along with the Nursing and Personal Care already requested. An example
motion to this effect is: .
I move to amend Application Number 10 -014 submitted by The Hallmark of Creve
Coeur for a conditional use permit allowing nursing and personal care by adding
residential care ( SIC Group 836)."
If the members of the Planning and Zoning Commission believe that the proposed conditional
uses will not adversely alter the site, impact the surrounding neighborhood and will satisfy the
requirements of the Zoning Code, they must vote on a recommendation to the City Council. The
first opportunity for a public hearing before City Council is June 14, 2010. The following is an
example motion for this application:
I move to recommend approval of a Conditional Use Permit for nursing and personal
care, as well as residential care, at The Hallmark of Creve Coeur development, subject to
the conditions in the draft ordinance attached to the staff report on application 10 -014,
dated May 17, 2010. (conditions may be modified by preceding motion)."
0
May 17, 2010
Application #10 -014, Hallmark of Creve Coeur
1 New Ballas Place
Aerial Photograph
Legend
City Limit
Property Lines
Subject Property
N
W+
E
ORDINANCE NO.
BILL NO.
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A NEW
CONDITIONAL USE PERMIT FOR RESIDENTIAL CARE, ASSISTED
LIVING AND NURSING AT THE HALLMARK OF CREVE COEUR
LOCATED AT 1 NEW BALLAS PLACE
WHEREAS, application was made by John Webster of The Hallmark of Creve
Coeur, on
behalf of KG
Missouri —CC
Owner, L. L. C.,
to allow Residential Care,
Assisted Living And Nursing At The Hallmark Of Creve Coeur located at 1 New Ballas
Place, in the " CB ", Core Business zoning district; and
WHEREAS, under Sections 405. 370. C. 1. 1 and 405. 370. C. 1. m, all Residential
Care,
Assisted Living And Nursing care in the "
CB ",
Core Business zoning district
require the issuance of a Conditional Use Permit as provided in Section 405. 1070; and
WHEREAS, on ' May 17, 2010, the Planning and Zoning Commission of the City
vote recommended approval of said application and
of Creve Coeur, by a
accompanying site development plan on certain conditions as allowed by Section
405. 1070. D. 2; and
WHEREAS,
a public hearing was held by the Creve Coeur City Council on
Monday, ,
2010, beginning at 7: 00 p. m. or immediately following the close of
the previous public hearing, on said application for the Conditional Use Permit as
provided by Section 405. 1070. D. 3; and
WHEREAS,'
notice of publication for said public hearing had been previously
published at least 15 days prior to the hearing, in the St. Louis Countian, a newspaper
of general circulation in the City of Creve Coeur, and
WHEREAS, all parties desiring to be heard, either for or against said application,
were given an opportunity to be heard, and a copy of the proposed ordinance has been
made available for public inspection prior to its consideration by the Council; and this
Bill having been read by title in open meeting two times before final passage by the City
Council, and
WHEREAS, the City Council finds that the application and evidence presented
clearly indicate that the proposed Conditional Use, when subject to certain conditions
set forth herein:
1.
Complies
with
all
other
applicable
provisions
of
this
Chapter
including
environmental performance standards presented in Section 405. 550, the criteria
in Section 405. 470 and the standards of this Chapter in regard to yard and'
setback, parking and loading areas, screening and buffering, refuse, storage and
service areas and signs.
2.
Will contribute to and promote the community. welfare and convenience at the
specific location.
1 •
BILL NO.
3.
4.
ORDINANCE NO.
Meets the applicable provisions of the City's Comprehensive Plan and any
applicable neighborhood or sector plans and complies with other applicable
zoning district regulations and provisions of this Chapter, unless good cause
5.
exists for deviation there from.
6.
Will be compatible with the surrounding area and thus will not impose an
excessive burden or have a substantial negative impact on surrounding or
adjacent users or on community facilities or services.
NOW, THEREFORE,
be it ordained by the City Council of the City of Creve
Coeur, St. Louis County, Missouri, as follows:
Section 1:
A Conditional Use Permit is authorized to be issued pursuant to
Section 4 hereof for Residential Care ( SIC Group 836), and Assisted Living And Nursing
care ( SIC Group 805) at The Hallmark of Creve Coeur, generally addressed as 1 New
Ballas Place, in the " CB ", Core Business zoning. district, on land more particularly
described as:
A TRACT OF LAND BEING IN U. S. SURVEY 1982, TOWNSHIP 45 NORTH, RANGE 5 EAST,
CITY
OF
CREVE
COEUR,
ST.
LOUIS
COUNTY,
MISSOURI,
AND
BEING
MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN OLD STONE AT THE NORTHEAST CORNER OF PARK WEST PLAT FIVE,
AS RECORDED IN PLAT BOOK 96 PAGE 30 OF THE ST. LOUIS COUNTY, MISSOURI
RECORDS ; THENCE ALONG THE SOUTHWEST LINE OF SAID PARK WEST PLAT FIVE
AND THE SOUTHWEST LINE OF N/ F ROBERT TERRANOVA J/ T ETAL... AS RECORDED IN
DEED BOOK 11909 PAGE 2460 OF THE ST. LOUIS COUNTY, MISSOURI RECORDS,
SOUTH 25 DEGREES 29 MINUTES 45 SECONDS, EAST 771. 54 FEET TO THE NORTH
CORNER OF N/ F CAPLACO NINE, INC. A MISSOURI CORPORATION , AS RECORDED IN
DEED BOOK 8244 PAGE 2387 OF THE ST. LOUIS COUNTY, MISSOURI RECORDS: THENCE
ALONG THE NORTHWEST LINE OF SAID CAPLACO NINE, INC., SOUTH 80 DEGREES 12
MINUTES 00 SECONDS WEST 531. 48 FEET TO THE NORTHEAST RIGHT OF WAY LINE OF
CRAIG ( 50' W.) ROAD: THENCE ALONG SAID NORTHEAST RIGHT OF WAY LINE THE
FOLLOWING COURSES AND DISTANCES: NORTH 29 DEGREES AND 49 MINUTES 01
SECONDS, WEST 81. 99 FEET; ALONG A CURVE TO THE LEFT WITH A RADIUS OF 934. 93
FEET, AN ARC LENGTH OF 228. 62 FEET, AND A CHORD BEARING NORTH 36 DEGREES 28
MINUTES 45 SECONDS WEST; NORTH 43 DEGREES 05 MINUTES 45 SECONDS WEST 8. 24
FEET; ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 924. 93 FEET, AN ARC LENGTH
OF 448. 25 FEET, AND A CHORD BEARING NORTH 29 DEGREES 12 MINUTES 45 SECONDS
WEST; NORTH 15 DEGREES 19 MINUTES 45 SECONDS WEST 8. 44 FEET; ALONG A
CURVE TO THE RIGHT WITH A RADIUS OF 688. 20 FEET, AN ARC LENGTH OF 187. 44
FEET, AND A CHORD BEARING NORTH 07 DEGREES 30 MINUTES 16 SECONDS WEST TO
THE SOUTHWEST CORNER OF THE ENCLAVE AT MOORLAND ESTATES, AS RECORDED
IN PLAT BOOK 338 PAGES 48 -49OF THE ST. LOUIS COUNTY, MISSOURI RECORDS;
THENCE ALONG THE SOUTH LINE OF SAID THE ENCLAVE AT MOORLAND ESTATES,
NORTH 82 DEGREES 45 MINUTES 29 SECONDS EAST 179. 17 FEET; THENCE NORTH 09
DEGREES 21 MINUTES 48 SECONDS EAST 49. 94 FEET; THENCE NORTH 82 DEGREES 45
MINUTES 29 SECONDS EAST 269. 67 FEET: THENCE SOUTH 09 DEGREES 25 MINUTES 28
ORDINANCE NO.
BILL NO.
SECONDS WEST 49. 96 FEET; THENCE NORTH 60 DEGREES 17 MINUTES 10 SECONDS
EAST 78. 10 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 11. 203 ACRES AND IS SUBJECT TO
ALL EASEMENTS, RESTRICTIONS, RESERVATIONS AND CONDITIONS OF RECORD IF
ANY.
Section 2:
The Conditional Use Permit granted shall be subject to all applicable
I.
PERMITTED AND CONDITIONAL USES —
The following uses shall be
permitted subject to the conditions contained in this ordinance:
A.
All permitted land uses in the " CB" Core Business zoning district.
B.
Nursing and personal care facilities (all uses within SIC Code 805).
C.
Residential care ( SIC Code 836) including only the following:
1)
Homes for the aged, with health care incidental.
2)
Homes for the physically handicapped, with health care
incidental.
3)
Old soldier's homes.
II.
ACCESSORY USES —Only
III.
SITE CONCEPT AND SITE DEVELOPMENT PLAN REQUIREMENTS
A.
as provided in Section 405.460.
The development shall be maintained in substantial conformance
with
the "
Supplemental Planning and Zoning Review Package"
13, 2000, and approved by the Planning and
Zoning Commission on March 20, 2000, for the project titled " One
received
March
New Ballas Place."
B.
All new construction proposals shall satisfy the requirements of
Section 405. 1080, Site Concept, Site Development and Minor Site
Plan Approval, of the Zoning Code, and all of the conditions of this
ordinance as applicable prior to issuance of any building or grading
permits.
C.
The applicant is required to submit Building Plans for all new
construction to the Building Department for review, as required by
Section 405 -1090 of the Zoning Ordinance. The final Building Plans
shall
be
in
substantial
conformance
Planning and Zoning Review Package"
with
the " Supplemental
received March 13, 2000,
ORDINANCE NO.
BILL NO.
and approved by the Planning and Zoning Commission on March
20, 2000, for the project titled " One New Ballas Place."
D.
The applicant is required to submit Grading Plans,
showing all
exterior improvements, for all new construction to the Division of
Planning for review,
Subdivision
and
as
Land
required
by Section 410 -380 of the
Development
Regulations ( Subdivision
Code).
The Grading Plans shall be in substantial conformance with
the " Supplemental Planning and Zoning Review Package" received
March 13, 2000, and approved by the Planning and Zoning
Commission on March 20, 2000, for the project titled " One New
Ballas Place."
E.
All applications pursuant to the requirements of Section 405 -1080
shall include a Final Landscape Plan for review and approval by the
City in compliance with Section 405 -540 of the Zoning Ordinance.
The Final Landscape Plan shall also be in substantial conformance
Supplemental Planning and Zoning Review Package"
13, 2000, and approved by the Planning and
Zoning Commission on March 20, 2000, for the project titled " One
with the "
received
March
New Ballas Place."
IV.
SPECIFIC DEVELOPMENT REQUIREMENTS
A.
Development Intensity —The conditional uses of the facility shall be
limited as follows:
1.
The total number of living units in the facility shall not exceed
218.
2.
No more than 40 of the living units housing a maximum of 46
residents may be used for residential care, assisted living or
nursing care.
B.
Ambient Lighting
Requirements — All
on -site lighting shall be
designed to provide the minimum lighting necessary to ensure
adequate vision and comfort in parking areas according to the
Illuminating Engineers Society of North America Recommended
Practices for Parking Facilities ( IESNA RP- 20 -98) and shielded to
not cause glare or direct illumination onto surrounding properties or
public /private rights -of -way.
C.
Landscape Regulations -
All on -site landscape shall be installed
and maintained in accordance with Section 405 -540, Landscaping,
of the Zoning Ordinance, and the " Supplemental. Planning and
ORDINANCE NO.
BILL NO.
Zoning Review Package" received March 13, 2000, and approved
by the Planning and Zoning Commission on March 20, 2000, for the
project titled " One New Ballas Place."
D.
Parking — Parking shall be provided as follows:
1.
A total of 360 parking spaces shall be possible on the site at
all times.
2.
The construction of a maximum of 215 "
phantom"
parking
spaces may be deferred as allowed by Section 405. 800( H)
of the Zoning Code.
E.
Environmental Performance Standards
1.
All refuse containers shall be for the exclusive use of the
facility and shall be located within screened,
sight -proof
storage areas.
2.
All mechanical equipment shall be completely screened from
view and buffered for noise attenuation with materials the
same or very similar in appearance to those used in the
principle building, subject to the review and approval of the
Zoning Administrator.
3.
All site grading and drainage shall be approved by the City of
Creve Coeur Department of Public Works, the Metropolitan
St. Louis Sewer District ( MSD) and the Missouri Department
of Conservation, as applicable, prior to the commencement
of construction.
V.
MISCELLANEOUS
A. '
There shall be no outdoor storage of any building or landscaping
materials or equipment.
B.
All new, modified or altered overhead utilities located on the site
shall be placed underground.
C.
Any future enlargement, extension, expansion or alteration in the
use
of the
structures
or
site
depicted
on
the " Supplemental
Planning and Zoning Review Package" received March 13, 2000,
for the project titled " One New Ballas Place" and approved by the
Planning and Zoning Commission on March 20,
2000, and any
approved site development plan must be approved by the City
ORDINANCE NO.
BILL NO.
Council upon receipt of the recommendation of the Planning and
Zoning Commission as an amendment to the Conditional Use
Permit before a building permit for the enlargement, expansion or
alteration may be issued.
V.
LIMITATIONS
A.
The continuation of the use permitted by this ordinance shall be
dependent upon the conditions established under the permit and this
section.
In the event of a change of conditions or noncompliance
with conditions, the City Council shall have the authority to revoke
the conditional use permit after affording the permittee the right to be
heard.
B.
Any transfer of ownership or lease of the property shall include in
the transfer or lease agreement a provision that the purchaser or
lessee agrees to be bound by the approved Site Development Plan
for the property and the conditions herein set forth, and written
confirmation thereof signed by the new owner or lessee shall be filed
with the City at the time of such transfer or lease. Failure to comply
with this provision shall not excuse anyone from these conditions.
Section 3:
The Site Development Plan pertaining to One New Ballas Place, also
known as The Hallmark of Creve Coeur, as depicted in the " Supplemental Planning and
Zoning Review Package" received March 13, 2000, for the project titled " One New
Ballas Place," and approved by the Planning and Zoning Commission on March 20,
2000, is hereby accepted for this conditional use permit, subject to all applicable
I.
PLAN SUBMITTAL REQUIREMENTS —
All grading, building, landscape
and lighting plans submitted for future construction shall be in strict conformance
with those submitted as required under Section 3 of this ordinance.
II.
LIMITATIONS
A.
The development of the project permitted by this site development
plan approval shall be dependent upon the conditions established
under this ordinance and Section 405 -1080, Site Concept, Site
Development
and
Minor
Site
Plan
Approval,
of
the
Zoning
Ordinance.
B.
In the event of a disagreement between any owner /operator and
the Zoning Administrator as to whether the use of the site meets
the
criteria
or
conditions
set
forth
in
this
approval,
such
disagreement shall be submitted to the Planning Commission for
i
BILL NO.
ORDINANCE NO.
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 Section 405 -1110, Variances
and Appeals of the City of Creve Coeur Zoning Ordinance and to
pursue any other available legal or equitable remedy.
Section 4:
The City Administrator of the City of Creve Coeur is hereby
authorized and directed to issue a Conditional Use Permit in accordance with the
provisions of this ordinance,
said permit- to expressly provide for the conditions and
stipulations hereinabove set out in Section 2 of this ordinance.
Section 5:
This ordinance shall become effective in accordance with Section
3. 11 ( g) of the City Charter.
ADOPTED THIS
DAY OF .
2010
A. JAMES WANG
APPROVED THIS
DAY OF
12010
HAROLD DIELMANN
MAYOR
ATTEST:
DEBORAH RYAN, MRCC
CITY CLERK
9
RECEIVED
APR 2 01010
Brookdale Senior Living
PLANNING DEPT.
The Hallmark Creve Coeur ( "The Hallmark ") is
an existing 6 -story, 218 unit Independent Living
Retirement Community that is now 7% years old. It is owned by KG Missouri -CC Owner, LLC and
operated by Brookdale Living Communities of Missouri -CC, LLC, both wholly owned subsidiaries of
Brookdale Senior Living Inc., one of the largest senior housing companies in the country. Brookdale
Senior Living operates all of its communities under the mission of "Enriching the lives of those we service
with compassion, respect, excellence and integrity ".
Recently the State of Missouri has required The Hallmark to discharge several residents who required
Assisted Living care. The purpose of this project is to license enough beds at Hallmark to enable
Hallmark to provide continuing care of it' s existing independent living residents.
The 1St floor of The Hallmark has 40-- units including the 29- unlicensed Supportive Living units on the
south wing and 11 -units on the north wing of the building. The Hallmark proposes to convert these 40
units into 46 ALF beds to enable The Hallmark to continue to serve their residents as their need for
assistance grows.
The Hallmark' s physical building allows a unique opportunity to promote a community atmosphere that
includes both independent living and assisted living residents. In other senior living communities, there
is a physical and even a psychological separation between the two areas of care. Sometimes the
separation is simply " double doors" and other times it is different buildings altogether that keep
independent living and assisted living residents apart. The Hallmark' s community atmosphere allows all
residents to retain their friendships as well as their dignity should they need assisted living care.
Although assisted living apartments would be located on the first floor, all residents could use the
amenities located there (convenience store, beauty shop, doctor' s office, exercise room, etc.)
The Assisted Living apartments will be on the 1St floor of the building, which already houses the
following features and amenities for the convenience of all the residents:
private dining room,
living room area,
activity room,
general store,
therapy clinic,
outside deck /patio with a view of the lake,
gathering area called the Piazza provides a place to gather, relax and socialize,
beauty salon,
health center,
activities manager' s office ensuring the highest level of stimulation for residents,
bank.
In addition to functionality, all features and amenities offer a high quality homelike environment that
would enhance the quality of life that residents deserve as they continue to age in place.
Past residents of The Hallmark have had to leave their units due to their need for assisted living services.
Adding 46 Assisted living beds would allow residents to continue to age in place and allow them to
remain at The Hallmark.
0 •
The Hallmark expects to be able to fill the 46 beds with it' s own residents as they continue to age in
place and prevent residents from experiencing the trauma of moving out of their home when they need
assisted living services.
Assisted Living would give " peace of mind" to prospects and residents because when they choose The
Hallmark' s independent living apartments, they know that they will have assisted living care available to
them if and when it' s needed. It is a difficult move for most seniors to leave the house that they love and
where they raised their family. When they make a decision to come to an independent living
community, they want to know that they can remain there and not have to move again the first time
they are sick.
Assisted living at the Hallmark would also allow current residents to access financial assistance through
their individual long term care insurance policies. In the past, residents have had to move out because
they couldn' t access the benefits provided them through their LTC policies. In the past, when economic
times were better, Hallmark residents bypassed their policies so they could stay at The Hallmark which
they and their families considered home.
Current residents who age in place could move to the Assisted Living area at The Hallmark, if needed,
and would not have to leave the community and the friendships that they have developed with other
residents. This flow between the two levels of care represents a significant social and emotional benefit
to the residents and to The Hallmark staff who together build relationships which promotes a wonderful
quality of life.
OE
7
CUO
FREVE COEUR
I '
314) 432 -6000 •
Fax ( 314) 872 -2539 *
l 949'
Relay MO 1- 800 -735 -2966
www.creve -coeur. or
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
Meeting Date:
May 17, 2010
Subject:
Allegro Lake Estates Privacy Gate
Allegro Lake Estates Drive, east side of Spoede
Location:
Road between
Olive
Boulevard and Ladue Road.
Current Zoning: "
Requested Action:
A" Single- family residential.
Minor site development plan approval of gates and associated subdivision
identification sign
Applicant' s
Mr. Barry L. Glantz, of Glantz and Associates, Architects, Inc.
Representative:
Creve Coeur, MO
63141
Applicant/
Allegro Lake Estates Homeowner' s Association
Property Owner:
c/ o Mr. Tom Csengody
10 Allegro Lake Estates Drive
Creve Coeur, MO
63141
Report Prepared by:
S• 1 /
Paul Langdon, AICP
Director of Commu
Attached:
J
o
Date
evelopment
Applicant' s materials, received April 26, 2010 and May 4, 2010 ( duplicates).
Planning and Zo•
Commission
Application 910 -015, Allegro Lake Estates Privacy Gates
Allegro Lake Estates Drive, East ofSpoede Road
May 17, 2010
The Allegro Lake Estates Subdivision was first approved on April 22, 2002.
The subdivision
The street has never been
consists of a three lot cul -de -sac extending due east from Spoede Road.
- ay
accepted by the City of Creve Coeur as a public street and so remains private. The right -of w
was designed such that the cul -de -sac bulb could be abandoned and the physical street connected
into Allegro Lane, a private street that is immediately adjacent to the north. This was done in case
there are future subdivisions of the Allegro Lane lots requiring improved access to Spoede Road.
Although unlikely, a complete redevelopment of the land at the end of Allegro Lane could yield
nine lots meeting the one -acre minimum lot area. An additional subdivision of 540 North Spoede
Road, which lies along Allegro Lane, could yield another three lots. Combined with the three lots
of Allegro Lake Estates, Allegro Lake Estates Drive could ultimately serve approximately 15
houses. By approval condition, Allegro Lake Estate Drive cannot be connected to Huntington
Lane immediately to the south.
The residents of Allegro Lake Estates are requesting approval of privacy gates at the enirance to
The walls flanking and supporting the gates will also bear a subdivision
Given that the street is private, they are entitled to make this request but it is
subject to review and approval of the Planning Commission. This is because the gates generically
function as a type of front yard fence and also a subdivision fence, both of which are regulated by
the Zoning Code. City Council action is not required.
their
subdivision.
identification sign.
Direction
Use
North
Single -family
Single- family
Single -family
Single -family
South
East
West
Zoning District
residences
residences
residences
residences I "
A"
A"
A"
A"
Single -family
Single- family
Single -family
Single -family
Separated by
Residential
Residential
Residential
Residential
Allegro Lane
Huntington Lane
N/ A
Spoede Road
DISCUSSION
There have been several prior approvals of subdivision gates around the city, most recently
including the three subdivisions along Ladue Road: Ladue Court, Belle Maison and Enclave at
Bellerive.
Of these, only the Enclave gates were installed. Although there is no specific guidance
in either the Comprehensive Plan or the Zoning Code, a series of criteria were developed in prior
applications to aid in the Commission' s review.
These cover a number of concerns, including
typical Comprehensive Plan issues, and are presented below with staff commentary:
Is the gated development compatible with the character of the surrounding neighborhood?
The proposed gates are a combination of stonework and metal picket fencing. The tops of the
masonry sections are curved upwards, somewhat similar in character to the style of homes
located in the subdivision. Indeed, many of the newer houses in the city are styled in similar
ways.
Page 2 of 5
Planning and Zo•
May 17, 2010
Commission
Application 910 -015, Allegro Lake Estates Privacy Cates
Is there an undue concentration of gated developments in the vicinity of the proposal?
As stated in the applicant' s narrative, there are no other gated subdivision streets in the
immediate vicinity of this subdivision, and only one is within the extended area.
Is the street private?
As indentified above, the street is private. If it were public, the residents would not have
standing to request approval of the gates.
Does the street meet minimum width requirements?
The street was constructed to all City of Creve Coeur standards, other than the road was offset
from the right -of w
- ay centerline to facilitate a possible future connection to the Allegro Lane
residents. This offset was encouraged and approved by the City.
Will the gated development modify existing or proposed circulation systems?
Even if the Allegro Lane residents are added to Allegro Lake Estates, the subdivision remains
a cul -de -sac and, as such, the gate does not affect any of the through street circulation.
Will the gated development block current or future access to adjacent properties?
As indicated above, Allegro Lane does not yet connect to Allegro Lake Estates so installing
the gates will not block their access. Any connection in the future will be done in full
knowledge of the gates, should they be approved at this time, and there is no requirement that
this connection must occur.
Will the gated development block current or future access to bike trails or pedestrian ways?
The gates do block the sidewalk that is intended to connect between Spoede Road and Allegro
Lake Estates Drive. At this time, however, the sidewalks are not complete on either street.
The Planning Commission should consider requiring a pedestrian gate at the sidewalk but,
given the limited length of the affected sidewalk and the absence of connections with this
subdivision, it may be reasonable to allow the gate to be locked in order to maintain the
desired level of security.
Will the gated development block access for municipal services?
The City currently provides slow plow service to the street, which is the case for many open
private streets. The installation of the gates will obligate the residents to hire their own snow
removal service. With regard to policing, comments have not been received from the Creve
Coeur Police Department but the gates will, at a minimum, have to allow entry for official
business.
Will the gated development block access for emergency services?
Page 3 of 5
Planning and
May 17, 2010
Ig
Commission
Application # 10 -015, Allegro Lake Estates Privacy Cates
The Creve Coeur Fire Protection District has reviewed the proposal and has no concerns with
the design of the gates. As with the Police, the gates will have to allow emergency entry.
SUBDIVISION SIGN
The design of the sign has not been finalized with this submittal, so the Commission should
consider imposing certain minimum conditions on size and method of manufacture, or they should
defer a decision until the design is more evolved.
If the Commission wishes to proceed, staff
recommend that the sign be limited to two, 12- square foot signs to be etched into the stone panel or
individually- mounted letters.
Due to the small size of the applicants' subdivision and the quality of the materials to be used, the
proposed gates do not appear to pose any significant impacts upon the neighborhood or the Spoede
Road neighborhood in general. If the members of the Planning Commission believe that the
proposal will not create any adverse impacts upon the subdivision or the surrounding
neighborhood, the Commission must vote on a motion to approve the sign.
Should the Planning and Zoning Commission motion to approve the proposed gates and
subdivision sign, staff recommend the following conditions:
The applicant shall submit a sign and building permit applications to the City of Creve
Coeur for review and approval.
2.
The fences, gates and sign designs shall be in substantial conformance with the drawings
submitted by Glantz and Associates, Architects, received April 26, 2010 and May 4, 2010.
3.
The sign shall be limited to two sign faces, each of 12 square -feet maximum, with letters to
be etched or individually mounted into the stone wall material.
The following are examples of a motion for this application:
I move to approve the Allegro Lake Estates gates and sign with the conditions listed in the staff
report on application #
10 -015, dated May 17, 2010."
Or
I move to approve the Allegro Lake Estates gates and sign with the conditions listed in the staff
10 -015, dated May 17, 2010, and as further modified by the Commission."
Modifications by separate, preceding motion).
report on application #
Page 4 of 5
May 17, 2010
Application 910 -015, Allegro Lake Estates Privacy Gates
Legend
Lot Lines
N
w
r
E
S
Allegro Lake
Estates
Not to Scale
Subdivision
Page 5 of 5
rIGLANTZ
LJ &ASSOCIATES
RECEIVED
APR 2 6 2010
Saint Louis, Missouri 63141
PLANNING DEPT.
Fax (
ARCHITECTS, INC.
314) 993 -2160
314) 993 -2370
www.glantzarchitects. com
April 23, 2010
Mr. Paul Langdon, A. I. C. P.
Planning Director
City of Creve Coeur, MO
300 North New Ballas Road
Re:
Entry Monument ( Gates)
Dear Mr. Langdon;
Please accept the following application for a ( minor) Site Development Plan in the City of Creve Coeur, Missouri.
Allegro Lake Estates is located on the East side of Spoede Road, between Ladue Road and Olive Boulevard.
We are requesting approval to construct site entry monuments and gates for the private, three ( 3) home subdivision.
The entry monument and gates will be constructed with stone and wrought iron ( or high quality metal) fencing —
commensurate with materials found on the houses in the subdivision, and surrounding new homes in the area.
The only other entry gate we could find in the neighborhood is located on a ( private) shared driveway to two ( 2)
houses on Ladue Road, just west of Spoede Road.
There are very few gated developments in the area. Allegro Lake Estates is a private street and meets all minimum
width requirements.
In addition, the proposed entry monument / gate will not modify existing or proposed circulation systems, and will
not block current or future access to adjacent properties / bike trails and / or pedestrian ways.
The entry monument will also not block access from any municipal or emergency services and we have submitted
the same " application" to the Creve Coeur Fire Protection District for their review / approval as well.
My clients and I look forward to your favorable recommendation / approval of this application.
Sincerely,
i
rry L. Glantz, A. I. A.
President
Glantz and Associates Architects, Inc.
BLG /dbf
0
0
MINUTES OFA REGULAR MEETING
PLANNING AND ZONING COMMISSION
CITY OF CREVE COEUR, MISSOURI
May 17, 2010
A regular meeting of the Planning and Zoning Commission of the City of Creve Coeur,
Missouri was held on Monday, May 17, 2010, at the Creve Coeur Government Center, 300
North New Ballas Road. Chair Niedringhaus called the meeting to order at 7: 00 p.m.
MEMBERS PRESENT:
Ms. Marcia Niedringhaus, Chair
Mr. Gary Eberhardt
Mr. Barry Glantz
Dr. Robert Hoffman
Mr. Tim Madden, Vice Chair
Dr. Scott Saunders
OTHERS PRESENT:
2.
Mr. Carl Lumley, City Attorney
Mr. Paul Langdon, Director of Community Development
Ms. Whitney Kelly, City Planner
Ms. Pat Rosenblatt, Recording Secretary
CHANGES TO —ACCEPTANCE OF THE AGENDA
Chair Niedringhaus called for changes to the agenda and hearing none, the agenda was
unanimously accepted.
3.
APPROVAL OF MINUTES OF THE MEETING OF MAY 3, 2010
Dr. Hoffman moved approval of the minutes of May 3, 2010, as submitted. Mr. Glantz
seconded the motion, which unanimously carried by those voting; Dr. Saunders abstained due to
not being present at that meeting.
4.
PUBLIC COMMENT
None
5.
UNFINISHED BUSINESS
None
6.
NEW BUSINESS
10 -010
Chaminade College
10 -011
Rossman School
10 -014
10- 015
0.
10 -010
P & Z Minutes —May
17, 2010
0
Chaminade College
Mr. John P. King, Attorney with Lathrop & Gage, LLP, represented Clearwire
Communications in a request for approval of a Conditional Use Permit to allow three microwave
antennas to be placed on Chaminade Hall, approximately 65 feet above the ground, screened by
a four -sided cupola, located at 425 South Lindbergh Boulevard.
Mr. Glantz disclosed that Lathrop & Gage are the attorneys for his company.
Mr. King stated that Clearwire provides high -speed internet with a large data base and
is leasing space from Chaminade College Preparatory School. He explained that there are
antennas currently located on the roof at Chaminade, and since Clearwire plans to build a cupola
to hide the antennas, Planning and Zoning approval is needed.
A brief question and answer period followed. Mr. King will provide all screening
materials to the City along with verification that this is the best location for the antennas.
Mr. Eberhardt moved to recommend approval of an amendment to the Conditional Use
Permit Ordinance Number 5117, subject to the conditions in the draft ordinance attached to the
Staff report on Application 10 -010 dated May 17, 2010. Dr. Saunders seconded the motion,
which unanimously carried.
This item will be before City Council on June 14, 2010.
10 -011
Rossman School
Ms. Pat Shipley, Head of School at Rossman, located at 12660 Conway Road, requested
approval of a Conditional Use Permit amendment to allow rear entry renovations and installation
of a kindergarten playground.
Ms. Shipley explained that they are seeking approval for a playground for their Junior
and Senior Kindergarten students, ages four and five. The equipment on their present
playground, located in front of the building, is mainly suitable for first grade through sixth grade,
so there is a need for new equipment for the younger children. She noted that the new
playground will be placed as close as possible to the classroom, and in order to do that, the road
will be moved out 35 feet. The school proposes to install a portico to protect the children as they
get in and out of cars.
New trees and shrubs will be installed in order to maintain the park -like
appearance they now enjoy. A few mature trees will be removed and replaced with pine trees,
identified by Ms. Susan Bower, Architect with Mitchell /Wall, as evergreens and Norway Spruce,
along with Missouri Dogwood, Viburnum, Maiden Grass, and a mix of Fescue. Ms. Shipley
presented photographs and artist renderings of present and proposed views.
Mr. John King, Attorney with Lathrop & Gage, pointed out that three lots are being
consolidated along with the existing land, which is now under the current Conditional Use
Permit. Chair Niedringhaus stated that Staff is proposing an additional condition on the approval
that limits the driveway expansion to the easternmost five feet of Lot 6 of those three residential
0
P & 1. Minutes —May
17, 2010
0
lots, the remainder of which would be marked on the applicant' s site plan to remain vacant.
Rossman School would have to return to the Commission and City Council if they ever want to
do anything with the three residential lots in the future.
Mr. Gary Wilson, Trustee for Conway Gardens Lane, expressed concern with an
outdoor classroom and what might happen with the residential properties in the future. He
pointed out that their subdivision by -laws state that each home is to be on one acre of land. Mr.
Eberhardt questioned the location of the outdoor classroom. Ms. Shipley responded by saying
there are no plans, at this time, for an outdoor classroom or any permanent structures on that
property, but she displayed a conceptual plan of the area. She went on to say that an outdoor
classroom would involve a butterfly garden and some paths through the area, which would
require Rossman to return to the Commission for approval.
Mr. Glantz asked if the City has Rossman' s Master Plan on file, and Mr. Langdon
responded by saying that there is a Master Plan, which does not include any of the three Conway
Gardens Subdivision lots. In order to expand onto even an inch of those lots, they need to be
brought into the CUP, which is the purpose of this proposed amendment. The drawing submitted
would be relabeled " Site Concept Plan ", with no intent to do any of what is shown on the
conceptual drawing except for the Kindergarten playground and road that has been presented.
Mr. Langdon pointed out that none of the conceptual site plan is being contemplated in this
application, which is clearly stated in the staff report.
Ms. Anne Niesen, 417 Conway Wold Byway, said that her children went to Rossman
However, she is a strong believer in protecting the rights of residential
property owners and pointed out that the people on her street do not want the property in
question to be used for anything other than residential. Discussion followed on whether all three
and she loves the school.
lots should be included in the Conditional Use Permit. Mr. Eberhardt stated he would not be
opposed to leaving the three lots in the CUP if the wording were expanded to include " no active
school or student use" of the area.
Mr. Madden made a motion, seconded by Dr. Hoffman, to recommend approval of an
amendment to the Rossman School CUP as requested, subject to conditions contained in the
draft ordinance attached to the staff report on Application # 10 -011
dated May 17, 2010.
Mr. Eberhardt moved to amend the motion to indicate, in addition to the label " to
remain vacant" on the overall site plan, it would also include " No active school or student
activity use."
There was no second to the amendment, and Mr. Eberhardt' s motion failed.
Chair Niedringhaus called for the vote on the original motion, which was as follows:
Dr. Saunders — aye
Mr. Madden —aye
Mr. Eberhardt —nay
Mr. Glantz —aye
Dr. Hoffman —aye
Chair —aye
The Public Hearing is scheduled for June 14, 2010.
0
10 -014
P & 7 Minutes —May
17, 2010
1*
Mr. John Webster, Executive Director with The Hallmark of Creve Coeur, requested
approval of a Conditional Use Permit to allow nursing and personal care at the # 1
Place facility.
New Ballas
Mr. Webster stated that The Hallmark is an eight -year old six -story, 218 unit
Independent Living Retirement Community owned by Brookdale Senior Living. The first floor
of the facility contains 40 units, including 29 unlicensed, supportive living units on the south
wing and 11 units on the north wing. The Hallmark proposes to convert these 40 units into 46
assisted living beds to enable The Hallmark to continue to serve the residents' needs as their
needs for assistance grow. Mr. Webster pointed out that many of the residents have been Creve
Coeur residents for a long time and wish to remain in their homes. There will be no change to
the exterior structure of the building, traffic patterns, or traffic flow. The first floor operates now
as Unlicensed Supportive Living, and the only change to occur would be to license the first floor,
which would allow residents to remain in their homes longer and to exercise their long -term care
policies they have been paying on for decades. Also, the third party provider staffing would be
removed so The Hallmark could put in their own staffing as a licensed facility. Some interior
modifications will be necessary to the first floor in order to meet the regulations of the
Department of Health and Senior Services /State of Missouri.
Mr. Webster said no additional
parking spaces are needed. Dr. Saunders asked about the location of the phantom stalls that were
required in their original approval should more parking become necessary, and Mr. Langdon
identified the phantom parking in the southeast corner of the property.
Dr. Hoffman pointed out that, as the population ages, these types of facilities are going
to be needed more and more, and since the facility already exists, he did not feel this request
would be a burden on the City.
Ms. Evelyn Tischler, 11913 Moorland Woods Circle, expressed concern with parking
and additional traffic. Chair Niedringhaus explained that there are 145 existing spaces and this
proposed use would require 328 spaces, with enough room on the site for 360 parking spaces.
The City has not required the additional spaces because there has not yet been a need, but if and
when there is a need, the City will require The Hallmark to provide the additional parking
spaces. Mr. Langdon pointed out that the standards have always asked for more parking than
most health -care providers require.
Chair Niedringhaus read an email from Dolores Kling dated Friday, May 14, 2010
voicing her opposition to this request by The Hallmark.
Dr. Hoffman moved to amend Application # 10 -014
submitted by The Hallmark of
Creve Coeur for a Conditional Use Permit allowing nursing and personal care by adding
residential care ( SIC Group 836). Mr. Madden seconded the motion, which unanimously
carried.
0
17, 2010
0
Dr. Hoffman moved to recommend approval of a Conditional Use Permit for nursing
and personal care, as well as residential care, at The Hallmark of Creve Coeur development,
subject to the conditions in the draft ordinance attached to the staff report on Application
10 -014 dated May 17, 2010. Mr. Glantz seconded the motion, which unanimously carried.
This Public Hearing is scheduled for June 14, 2010.
10- 015
Allegro Lake Fstates
Mr. Barry Glantz, of Glantz and Associates Architects, represented Allegro Lake
Estates Homeowners Association in a request for approval of a Minor Site Development Plan for
privacy gates at the entrance to the subdivision, along with a subdivision identification sign. Mr.
Tom Csengody, Trustee, was also present.
Mr. Glantz identified this development as a private, three -home subdivision on the east
side of Spoede Road, between Ladue Road and Olive Boulevard. The entry monument and gates
will be constructed with stone and wrought iron or a high quality metal fencing commensurate
with the materials found on the houses in the subdivisions and surrounding new homes in the
area. The fence will extend to the landscaping to the north side and to the landscape berm on the
south side. Mr. Glantz stated that they would comply with all City and Fire District regulations.
Mr. Eberhardt alluded to the Staff report that indicates the gates would block the
potential sidewalk that is to be installed. Mr. Glantz responded by saying this is a confusing
issue, that the sidewalk goes nowhere and ends nowhere, basically in front of Lot 1. He said
his clients had their way, they would remove the sidewalk altogether.
if
Chair Niedringhaus referred to their many discussions about gated communities and
pointed out that the staff report dated May 17, 2010, contains a series of criteria developed in
prior applications and presented with staff commentary.
Mr. Richard Kutta, 24 Colonial Hills Parkway, Trustee, expressed concern with trash
and gates. He was told that access to the gates would need to be provided to the refuse hauler.
Mr. Langdon pointed out that there should be a fourth condition of approval to read:
4. The applicant shall submit written approval of the proposed gates by the Creve
Coeur Fire Protection District and City of Creve Coeur Police Department prior to the issuance
of any permits for construction.
Mr. Eberhardt moved to approve the Allegro Lake Estates gates and sign with
conditions listed in the staff report on Application # 10 -015
dated May 17, 2010 and as further
modified by the amendment proposed by Mr. Langdon dealing with the Police and Fire review.
Dr. Hoffman seconded the motion, which unanimously carried.
0
7.
0
17, 2010
Work AlZenda
None
8.
OTHER BUSINESS
A.
Planning Department Report
Mr. Langdon stated he was pleased to announce that Whitney Kelly has officially joined
the department and is now the City Planner for the City of Creve Coeur.
The Tappmeyer Foundation is seeking to install a green and white shed behind the
Tappmeyer house, which will be used for storage. The City will not be expending any money on
the construction of the shed.
Possible agenda items for the next meeting are: TDD Update, DeSmet Sign Program,
and Ladue Court Subdivision reconfiguration.
B.
City Attorney Report
Mr. Lumley had nothing further to report.
9.
ADJOURNMENT
There being no further business to come before the Planning and Zoning Commission,
upon motion being made and duly seconded, the meeting was adjourned at 8: 08 p. m.
Marcia Niedringhau
Pat Rosenblatt, Secretary
hair

Minutes - Agenda

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