Bill No. 4317

Transcription

Bill No. 4317

Bill No. 4317
Requested by: Wayne Anthony
Sponsored by: Terry Hollander
Ordinance No.
AN ORDINANCE GRANTING CONDITIONAL USE
PERMIT CUP15-000011 FOR AUTOMOBILE SALES
TO BROSS HECKMANN, INCORPORATED, OWNER,
AND PENUEL RAJ CLEMENT, APPLICANT
WHEREAS,
the St. Charles County Charter, Article II, Section 2.529
(2014) grants to the County Council legislative power
pertaining to planning and zoning in the part of the
County outside incorporated cities, towns and villages;
and
WHEREAS,
the property is known as 3707 Veterans Memorial
Parkway, is located on the southeast corner of Veterans
Memorial Parkway and Arco Drive, and consists of 7.84acres; and
WHEREAS,
the property is zoned C2, General Commercial District;
and
WHEREAS,
Automobile Sales is a conditional use within the C2,
General Commercial District; and
WHEREAS,
a conditional use permit was requested by Application
CUP15-000011 for the purpose of Automobile Sales; and
WHEREAS,
the Planning and Zoning Commission of the County of St.
Charles, Missouri, considered this petition and on a vote
of 7 ayes to 0 nays the matter was recommended for
approval to the County Council. A simple majority of the
1
County Council is required for passage of this bill
pursuant to Section 405.510.A, OSCCMo; and
WHEREAS,
if the requested Application CUP15-000011 is not
approved, the County Council shall request and approve
Findings of Facts.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL
OF ST. CHARLES COUNTY, MISSOURI, AS FOLLOWS:
Section 1.
A conditional use permit for the purpose of Automobile
Sales for the property known as 3707 Veterans Memorial
Parkway and located on the southeast corner of Veterans
Memorial Parkway and Arco Drive, and further described
on the Notice of Public Hearing, attached hereto as
Exhibit A; is hereby granted to Bross Heckmann,
Incorporated, owner, and Penuel Raj Clement, applicant.
Section 2.
The conditional use permit is approved based on the
following conditions:
1.
No work on the site including paving, additional
gravel or parking of vehicles shall be permitted
until a site plan is approved by the St. Charles
County Community Development Department and
all proper permits are received.
2.
Customer/Employee parking must be provided and
signed for the public to visit the site in compliance
with the Unified Development Ordinance parking
regulations. No vehicle inventory will be permitted
in those parking spaces.
2
3.
Lighting shall not obstruct or interfere with travel
along Veterans Memorial Parkway, or cast upon any
residential properties.
4.
Vehicles displayed for sale shall be parked in a
manner that each vehicle is independently
maneuverable.
5.
Vehicle sales shall be permitted on the front
approximately 2.3 acres of the property. This area is
the front 490’ of the property as measured from the
existing fence and gate to the right-of-way of I-70
along the west property line.
6.
No conditional use shall be active until all
conditions of the approval have been met.
7.
In any case where a conditional use is not in place
and in active use within two years from the date of
granting, and/or in accordance with the terms of the
conditional use originally granted or subsequently
amended, then, without further action by the
Planning and Zoning Commission and/or the
County Council, the conditional use, or
authorization thereof, shall be null and void.
Section 3.
The Council hereby finds that a public necessity exists for
this conditional use.
Section 4.
The Council hereby receives the following documents
into the record: the St. Charles County Master Plan Year
2025; the Unified Development Ordinance of St. Charles
County, Missouri; the application and other documents
relied upon by the Planning and Zoning Commission in
reaching its determination, attached hereto as Exhibit B;
3
and any other documents relied upon by the Council in
reaching this determination.
Section 5.
The Director of the Planning and Zoning Division is
hereby authorized to acknowledge the approval and
conditions of the conditional use permit on Application
CUP15-000011.
Section 6.
This ordinance shall be in full force and effect from and
after the date of its passage and approval.
DATE PASSED
DATE APPROVED BY COUNTY EXECUTIVE
CHAIR OF THE COUNCIL
COUNTY EXECUTIVE
ATTEST:
COUNTY REGISTRAR
Comm Dev.CUP15-000011.automobile sales.Heckmann.Clement.2-16.B
4
EXHIBIT A
CONDITIONAL USE PERMIT
APPLICATION CUP15-000011
APPLICATION NUMBER:
CUP15-000011
THE PROPERTY IS PRESENTLY ZONED:
C2, GENERAL COMMERCIAL DISTRICT
IT IS REQUESTED THAT A CONDITIONAL
USE BE GRANTED FOR:
AUTOMOBILE SALES
OWNER OR OWNERS OF PROPERTY:
BROSS HECKMANN, INCORPORATED
LOCATION OF PROPERTY:
THE PROPERTY IS KNOWN AS 3707 VETERANS MEMORIAL PKWY,
AND IS LOCATED ON THE SOUTHEAST CORNER OF VETERANS
MEMORIAL PARKWAY AND ARCO DRIVE.
THE PROPERTY CONSISTS OF 7.84 ACRES, AND IS LOCATED IN
COUNCIL DISTRICT 5.
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY:
CHAIRMAN
CRAIG FRAHM
SECRETARY
P. ROGER ELLIS
ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION
DATE: January 26, 2016
TO:
Steve Ehlmann, County Executive
Joann Leykam, Director of Administration
CC:
Greg Dohrman, Acting County Counselor
Donna Vogt, County Council
FROM: Wayne Anthony, Director of Community Development
RE:
Item for February 8, 2016 County Council Meeting
The Community Development Department is submitting the following item for the
February 8, 2016 County Council Agenda.
BILL FOR INTRODUCTION:
1) Planning and Zoning Commission recommends Approval:
CONDITIONAL USE PERMIT REQUEST - 3707 VETERANS MEMORIAL PKWY
Application:
CUP15-000011
Applicant:
Penuel Raj Clement
Property Owner:
Bross Heckmann, Incorporated
Use Requested:
Automobile Sales
Zoning:
C2, General Commercial District
Area:
7.84 acres
Location:
On the southeast corner of Veterans Memorial
Parkway and Arco Drive
Council District:
5
Account No.:
147693A000
201 N. Second St. I St. Charles, MO 63301 I P 636.949.7345 I 1.800.822.4012 I F 636.949.7336 I [email protected] I www.sccmo.org
Application CUP15-000011
Application:
CUP15-000011
Applicant:
Penuel Raj Clement
Property Owner:
Use Requested:
Automobile Sales
Zoning:
Area:
7.84 acres
Location:
Council District:
5
Account No.:
147693A000
CONTENTS:
 Synopsis
 Staff Recommendation
 Photo(s) of Site
 Aerial Photo
 Surrounding Zoning Map
 Site Plan
 Letters Received:

Letter with concerns - Timothy Hof
 Planning and Zoning Commission minutes from January 20, 2016 meeting
ST.CHARLES
COUNTY
COMMUNITY
DEVELOPMENT
January 26, 2016
This is a synopsis for the following application and bill to be introduced at the February 8, 2016
County Council meeting:
Application:
CUP15-00001 1
Applicant:
Penuel Raj Clement
Property Owner:
Use Requested:
Automobile Sales
Zoning:
Area:
7.84 acres
Location:
Council District:
5
47693A000
Account No.: 1
Approval of this bill would grant a conditional use permit (CUP) to allow the applicant to conduct
automobile sales adjacent to Veterans Memorial Parkway (1-70 south service road) on property
adjoining the City of St. Charles and existing automobile sales lots. The lot was previously used for
Bropfs Mobile Home Sales. Only the front portion (north of an existing fence and gate) is proposed
for automobile sales and subject to the CUP. The remainder of the lot is now used primarily for
recreational vehicle self-storage (Bropfs Cave Springs Boat & RV Storage) and is not subject to the
present application. The applicant indicates he intends to use the existing buildings and fullygraveled lot for automobile sales, related automotive repair, and a sales office, and without
changes to the site layout. His proposed use of one building for automobile repair is allowed by
right under its current C2, General Business District zoning. Any wrecked or dismantled vehicles or
parts must be stored indoors or enclosed within an 8 foot tall sight-proof fence. Additionally, any
new light poles will be limited to 20 feet in height and must be designed so as not to cast light
beyond the property line.
Staff notes that the location of the proposed automobile sales lot is adjacent to three homes to the
east along Clearview Drive. Two of those homes are under the jurisdiction of the City of St.
Charles, and one (125 Clearview Drive) is under County jurisdiction but zoned C2, General
Business District. Residents living along Clearview Drive should not be able to view the proposed
automotive sales lot due to the placement of existing commercial buildings and the commercial lot
having been elevated about ten feet.
The Planning and Zoning Commission held a public hearing on this application at their
Januari 20, 2016 meeting and received the following public input:
1 Support
0 Opposed
6 Concerns
Letters on file: 0 Support
0 Opposed
1 Concerns
Speakers:
201 N. Second St. I St. Charles, MO 63301 1 P636.949.7345 1 1.800.822.4012 1 F 636.949.7336 1 ctypnz©sccmo.org I www.sccmo.org
Several speakers voiced concerns that the entire 7.84 acres of the property could be sold and
used for Automobile Sales, thus increasing night activity and noise; that the existing lighting on the
rear of the property intrudes on their homes; and that fast "test driving" would increase on Arco
Boulevard.
Having concluded the public hearing, the Planning & Zoning Commission voted as follows to
recommend Approval of this application, subject to the conditions listed below:
7 Approval
0 Denial
0 Abstentions
Recommendation:
The Planning and Zoning Commission at their January 20, 2016 meeting recommended approval
of this Conditional Use, subject to the following conditions:
1.
No work on the site including paving, additional gravel or parking of vehicles shall be
permitted until a site plan is approved by the St. Charles County Community Development
Department and all proper permits are received.
2.
Customer/Employee parking must be provided and signed for the public to visit the site in
compliance with the Unified Development Ordinance parking regulations. No vehicle
inventory will be permitted in those parking spaces.
3.
Lighting shall not obstruct or interfere with travel along Veterans Memorial Parkway, or cast
upon any residential properties.
4.
Vehicles displayed for sale shall be parked in a manner that each vehicle is independently
maneuverable.
5.
Vehicle sales shall be permitted on the front approximately 2.3 acres of the property. This
area is the front 490' of the property as measured from the existing fence and gate to the
right-of-way of 1-70 along the west property line.
6.
No conditional use shall be active until all conditions of the approval have been met.
7.
In any case where a conditional use is not in place and in active use within two years from
the date of granting, and/or in accordance with the terms of the conditional use originally
granted or subsequently amended, then, without further action by the Planning and Zoning
Commission and/or the County Council, the conditional use, or authorization thereof, shall
be null and void.
County staff concurs with this recommendation.
Sincerely,
Robert Myers, AICF
Director of Planning & Zoning
cc: Steve Ehlmann, County Executive
Joann Leykam, Director of Administration
Greg Dohrman, Acting County Counselor
201 N. Second St. t St. Charles, MO 63301 1
P 636.949.7345 1 1.800.822.4012 1
F 636.949.7336 1 ctypnz©sccmo.org I www.sccmo.org
STAFF RECOMMENDATION
To: County Planning & Zoning Commission
Prepared by: Cassie Harashe
Application No.: CUP15-00011
Date: January 20, 2016
GENERAL INFORMATION
Owner:
Bross Heckmann, Inc.
Applicant:
Penuel Raj Clement
Requested Action:
A Conditional Use Permit for Automobile Sales
Location:
On the south east side of the intersection of Veterans Memorial
Parkway and Arco Drive at 3707 Veterans Memorial Parkway, St.
Charles.
Size:
7.8 acres
Current Land Use:
Mobile Home Sales
Adjacent Land Use and Zoning:
Direction Zoning
Land Use
North
Interstate 70
Interstate 70
South
City of St. Charles R-1E
Single Family Residential
District
C2, General Commercial
District, RIE, Single
Family Residential
District, & City of St.
Charles C-2 General
Business District
City of St. Charles C2,
General Business District
Single family residential
East
West
Automobile sales, Single
Family Residential, Boat &
RV Storage
Automobile sales and
rental
Year 2025 Plan:
Commercial
Zoning History:
This property was rezoned C-2, General Commercial District in
1976 by zoning application 705.
SPECIAL INFORMATION
Public Services:
County Council District 5: Terry Hollander
School District – R6, St. Charles School District
Fire District – Central County Fire Protection District
Utilities:
Water – Missouri American Water Company service area
Sewer – City of St. Charles
BACKGROUND
A mobile home sales business is has been located on the front portion of the property, while
mobile home and RV storage is currently located in the rear of the parcel. The owner is seeking
a conditional use permit to allow an automobile sales lot on the front portion of the property.
The applicant’s site plan shows a proposal to only utilize the front portion of the property for
automobile sales. He does not plan any changes to the layout or structures of the site. The
owner intends to use the existing structures as a sales office and repair facility.
ANALYSIS
In the C2 zoning district, a conditional use permit is required for the operation of new or used
automobile sales and leasing. Conditional use permits are evaluated based on criteria
established within the Unified Development Ordinance. The CUP criteria are as follows:
“Before authorizing the issuance of a conditional use permit, the County Council may impose
such conditions and will, in the County Council’s judgment, ensure that the establishment,
maintenance, or operation of the conditional use will not be detrimental to or endanger public
health, safety, or general welfare; that the conditional use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the purposes already permitted nor
substantially diminish and impair property values within the neighborhood; and that the
establishment of the conditional use will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district.”
Historically, the site has been used for mobile and manufactured home sales. Staff finds the
use of the site for auto sales appropriate. Staff also finds that the operation of a used auto sales
lot as defined and conditioned at this location will not be injurious to the use and enjoyment of
the residents in the surrounding area given the close proximity to Interstate 70.
Staff notes the location of the existing buildings on the site near the residential properties.
These buildings will also serve as a buffer between vehicular activity on the property and the
residential properties adjacent. Additionally, staff notes vehicle sales is an equally intense use
as mobile home sales and consistent with automobile sales on adjacent properties.
Since the applicant is not proposing any changes to the site, the applicant will not have to meet
the Unified Development Ordinance’s landscaping buffer requirements. The lot currently has a
gravel lot, the applicant will not be required, but allowed, to pave or asphalt the lot. The Unified
Development Ordinance also states that any wrecked or dismantled vehicles or parts shall be
stored indoors or enclosed within an 8’ sight-proof fence.
RECOMMENDATION
The Planning and Zoning Division staff recommends that the Conditional Use Permit for a
used car and truck sales be approved. The use is consistent with previous mobile home
sales and storage on the site along with used car sales in the area. This recommendation
is subject to the following conditions:
1. No work on the site including paving, additional gravel or parking of vehicles
shall be permitted until a site plan is approved by the St. Charles County
Community Development Department and all proper permits are received.
2. Customer/Employee parking must be provided and signed for the public to
visit the site in compliance with the Unified Development Ordinance parking
regulations. No vehicle inventory will be permitted in those parking spaces.
3. Lighting shall not obstruct or interfere with travel along Veterans Memorial
Parkway, or cast upon any residential properties.
4. Vehicles displayed for sale shall be parked in a manner that each vehicle is
independently maneuverable.
5. Vehicle sales shall be permitted on the front approximately 2.3 acres of the
property. This area is the front 490’ of the property as measured from the
existing fence and gate to the right-of-way of I-70 along the west property line.
6. The existing pole sign must be removed. A new sign may be installed that
meets sign code regulations, with appropriate permits.
7. No conditional use shall be active until all conditions of the approval have
been met.
8. In any case where a conditional use is not in place and in active use within two
years from the date of granting, and/or in accordance with the terms of the
conditional use originally granted or subsequently amended, then, without
further action by the Planning and Zoning Commission and/or the County
Council, the conditional use, or authorization thereof, shall be null and void.
CUP15-000011
At entrance to the site looking south
Looking east into site from entrance drive
Subject
Property
Application CUP15-000011– Aerial
Subject
Property
Application CUP15-000011– Zoning
From:
To:
Cc:
Subject:
Date:
Attachments:
Hof, Timothy W
CTYPNZ
Hof, Timothy W
3707 Veterans Memorial Parkway
Thursday, January 07, 2016 10:37:18 AM
image003.png
Good morning St. Charles County Planning and Zoning,
Enterprise Car Sales is located at 3717 Veterans Memorial Parkway. We received a
letter regarding a public hearing on January 20, 2016 for CUP15-000011 for
Automobile Sales located at 3707 Veterans Memorial Parkway. I assume the site is
not properly zoned for Automobile Sales thus the reason for the CUP request. Enterprise Car Sales had to substantially invest in the property at 3717 Veterans
Memorial Parkway before automobile sales were permitted. Some of these
investments included landscaping and irrigation, building requirements, building set
back from Veterans Memorial Parkway along with other conditions from the City of St.
Charles that Enterprise were required and met. We are not opposed to additional businesses opening and operating in the area. We
would hope those businesses are held to similar requirements and standards that
Enterprise Car Sales followed prior to receiving approval from the City of St. Charles. Sincerely,
Tim Hof Timothy W. Hof
Operations Manager
314-506-4963 office
314-696-5870 fax
[email protected]
Operating
Enterprise Leasing Company of STL
10144 Page Avenue
St. Louis, MO 63132
enterpriseholdings.com
MINUTES OF REGULAR MEETING
ST. CHARLES COUNTY PLANNING & ZONING COMMISSION
DATE:
January 20, 2016
TIME:
7:00 P.M.
PLACE:
COUNTY EXECUTIVE BUILDING
300 N. THIRD ST.
THIRD FLOOR COUNCIL CHAMBERS
ST. CHARLES, MO 63301
MEMBERS PRESENT:
Ron Saettele; Kevin McBride; Roger Ellis; Craig Frahm; James Leonhard;
Thomas Kuhn; Robert McDonald;
MEMBERS ABSENT:
Gary Griffin; and David Hammond, County Council Member
STAFF PRESENT:
Jan Whipple, Land Use Manager; Robert Myers, Director of Planning and
Zoning; Bob Hoeynck, Associate County Counselor; and Sheila Weiss,
Recording Secretary
SPEAKERS:
Application CUP15-000011: Penuel Raj Clement, Applicant;
Bob Barrett, 3730 Banbury Drive;
Scott Williams, 3738 Banbury Drive;
Kerry Iffrig, 3734 Banbury Drive;
Susan Iffrig, 3737 Banbury Drive;
Tim Sitz, 20 Expedition Trail Court; and
Mike Hammerle, 235 Spring Drive
CALL TO ORDER
Chairman Craig Frahm called the meeting to order at 7:00 PM. Following the Pledge of Allegiance,
Chairman Frahm welcomed the audience; explained the procedures for speakers; and explained the
functions of the Planning and Zoning Division, the Planning and Zoning Commission and the County
Council. He explained to the audience that applications for Rezoning and Conditional Use Permit requests
heard during the meeting would be voted on by the Planning and Zoning Commission, and the
Commission’s recommendation on the applications would then be introduced to the St. Charles County
Council on Monday, February 08, 2016 for their final decision on the items.
Chairman Frahm then asked for a motion to open the public hearing. Roger Ellis made the motion, and
Robert McDonald seconded the motion. The motion to open the public meeting was affirmed by unanimous
voice acclamation.
Chairman Frahm introduced the following documents into the record: The Unified Development Ordinance
of St. Charles County (UDO), including zoning maps; and the Year 2025 Master Plan for St. Charles
County, which includes the Year 2025 Future Land Use Plan Map.
Page 1
Planning & Zoning Commission Meeting, January 20, 2016
CHANGES TO THE AGENDA

NONE
PUBLIC HEARINGS
II.
Application:
Applicant:
Property Owner:
Use Requested:
Zoning:
Area:
Location:
Council District:
Account No.:
CUP15-000011
Penuel Raj Clement
Automobile Sales
7.84 acres
5
147693A000
Jan Whipple, Land Use Manager, described the zoning of the property, the surrounding zoning area, and
the future land use plan. Mrs. Whipple stated that the site was historically used for mobile and
manufactured home sales for a number of years. Currently, the southern portion of the property is being
used for recreational vehicle storage. The applicant is seeking a conditional use permit to allow an
automobile sales lot on the northern portion of the property. The applicant’s site plan shows a proposal to
only utilize the front portion of the property for automobile sales. He does not plan any changes to the
layout or structures of the site. The owner intends to use the existing structures as a sales office and repair
facility. Mrs. Whipple stated the Planning & Zoning Staff finds the use of the site for auto sales appropriate.
Staff also finds that the operation of a used auto sales lot as defined and conditioned at this location will not
be injurious to the use and enjoyment of the residents in the surrounding area given the close proximity to
Interstate 70. Since the applicant is not proposing any changes to the site, the applicant will not have to
meet the Unified Development Ordinance’s landscaping buffer requirements. The lot currently has a gravel
lot, the applicant will not be required, but allowed, to pave or asphalt the lot. The Unified Development
Ordinance also states that any wrecked or dismantled vehicles or parts shall be stored indoors or enclosed
within an 8 foot tall sight-proof fence.
Mrs. Whipple stated that The Planning and Zoning Division staff recommends that the Conditional Use
Permit for a used car and truck sales be approved. The use is consistent with previous mobile home sales
and storage on the site along with used car sales in the area. This recommendation is subject to the
following conditions:
1. No work on the site including paving, additional gravel or parking of vehicles shall be permitted until
a site plan is approved by the St. Charles County Community Development Department and all
proper permits are received.
2. Customer/Employee parking must be provided and signed for the public to visit the site in
compliance with the Unified Development Ordinance parking regulations. No vehicle inventory will
be permitted in those parking spaces.
3. Lighting shall not obstruct or interfere with travel along Veterans Memorial Parkway, or cast upon
any residential properties.
Page 2
4. Vehicles displayed for sale shall be parked in a manner that each vehicle is independently
maneuverable.
5. Vehicle sales shall be permitted on the front approximately 2.3 acres of the property. This area is the
front 490’ of the property as measured from the existing fence and gate to the right-of-way of I-70
6. The existing pole sign must be removed. A new sign may be installed that meets sign code
regulations, with appropriate permits.
7. No conditional use shall be active until all conditions of the approval have been met.
8. In any case where a conditional use is not in place and in active use within two years from the date
of granting, and/or in accordance with the terms of the conditional use originally granted or
subsequently amended, then, without further action by the Planning and Zoning Commission and/or
the County Council, the conditional use, or authorization thereof, shall be null and void.
For the record, Mrs. Whipple stated the staff received 1 written communication with concerns regarding this
conditional use permit request.
Jan Whipple asked the Commission if they had any questions for the Planning and Zoning staff.
Ron Saettele asked the Planning & Zoning staff if the portion of the property for the proposed automobile
sales was going to be leased to the applicant by the owner. Mr. Saettele also asked if the Conditional Use
permit would remain active if the property changed ownership.
Jan Whipple responded that she was not sure if the applicant is planning to lease or buy that portion of the
property, and stated that the Commission should ask the applicant that question when they approach the
podium to speak. She also responded that approval of a Conditional Use permit stays with the property, so
if the property is sold the Conditional Use permit would remain active.
Tom Kuhn asked the Planning & Zoning staff if Automobile Repairs would be permitted on the property if
the request to allow Automobile Sales is approved.
Jan Whipple responded that automobile repair is a permitted use in the C2, General Commercial District, so
it is already allowed on this property. Automobile sales is a Conditional Use, so it requires approval from
the County Council.
There being no further questions for staff, Chairman Frahm opened the public hearing and asked the
applicant or their representative to approach the podium.
The Applicant, Penuel Raj Clement, was sworn in. Mr. Clement stated that he would like to sell used cars
on a portion of this property. He stated he would like for the Planning & Zoning Commission to consider
removing the condition that states that the existing pole sign must be removed from the property. He stated
that the sign was grandfathered back in the 1980’s and he would like to be able to keep the sign on the
property to use for advertising his business. He stated he is willing obtain all necessary permits and repair
the sign and make it attractive.
Chairman Craig Frahm asked the Commission if they had any questions for the applicant.
Ron Saettele asked the applicant if he will be leasing or purchasing the portion of the property he plans to
use for automobile sales.
Mr. Clement responded that he is leasing the property, with an option to purchase.
Page 3
Ron Saettele asked the Planning & Zoning staff if the applicant would be able to change the existing pole
sign, or if he would be required to obtain a permit.
Jan Whipple responded that the applicant would be allowed to change the face of the sign without a permit,
but a permit would be required if he made any structural or electrical changes. Since the existing sign
exceeds the size limit of 150 square feet, a permit to make structural changes could not be granted under
the current sign regulations.
Jim Leonhard asked the Planning & Zoning staff if the sign is “grandfathered” since it was located on the
site prior to the inception of the County sign regulations.
Jan Whipple responded that while the existing sign is “grandfathered”, the Planning & Zoning staff is
recommending that the applicant be required to remove the sign as a condition of this Conditional Use
permit request in order to bring the property into compliance with the current standards. The Planning &
Zoning Commission can remove or change that condition if they choose to do so.
Chairman Craig Frahm stated that he has received a phone call from an adjacent business owner who
stated that the existing car dealerships in this area have been parking their semi-trucks along Arco Drive
and have been blocking the street. Chairman Frahm asked the applicant where he would be parking and
loading/unloading automobiles for his business.
Mr. Clement responded that he would be loading and unloading vehicles in an area located on the rear of
the property, and he would not be blocking any of the surrounding streets at any time.
Chairman Craig Frahm also stated that he has received phone calls from some of the surrounding residents
citing concerns that people are test driving vehicles from the existing car dealerships along Arco Drive at
speeds of up to 60 miles per hour. Mr. Frahm asked the Planning & Zoning staff if the Planning & Zoning
Commission could add a condition to this Conditional Use permit that states they are not allowed to test
drive along this residential street.
Jan Whipple responded that Arco Drive is within the City of St. Charles’ jurisdiction, so the Planning &
Zoning Commission cannot add conditions regarding that street. She added that if people are speeding it
the area, it should be reported to the St. Charles City Police Department.
Robert McDonald asked the applicant what the sign on the property currently says, and what he would like
to change the sign to say.
Mr. Clement stated the sign currently says “Bropfs Mobile Home Sales”. He stated he would like to change
the name on the sign to reflect the name of his automobile sales business, and repair/fix the existing sign.
Robert Myers, Director of Planning & Zoning stated that there is an existing non-conformity clause in the
Unified Development Ordinance concerning signs that states “Any non-conforming sign shall be brought
into compliance when structural alterations, damage repairs, or routine maintenance exceed fifty percent
(50%) of the current fair market value of the sign or when the sign is to be relocated on or off the premises”.
He also stated that if the sign is removed, it will lose its non-conformity status, and any replacement sign
would have to be erected in conformity with all current sign requirements.
Bob Hoeynck, Associate County Counselor, added that per the non-conformity clause in the Ordinance, if
this Conditional Use permit is granted the existing sign will be required to either be repaired in conformance
with the current sign regulations (if repairs do not exceed fifty percent (50% of the current fair market value
of the sign), or removed.
Page 4
There being no further questions for the applicant, Chairman Frahm asked if there was anyone in the
audience who would like to speak on this application.
Bob Barrett was sworn in. Mr. Barrett stated that the sign on the property states that 2 - 4 acres of the
property is for sale. He stated that the applicant has requested this conditional use permit for automobile
sales to be allowed only on the front portion of the property, but he is concerned that the entire 7.84 acres of
the property would be sold and the buyer would then be allowed to use the whole parcel for automobile
sales and repairs. Mr. Barrett also stated that the property is currently being used for a trucking business
and for mobile home sales, and access to the property is being obtained from Arco Drive.
Scott Williams was sworn in. Mr. Williams stated that he is a member of the Oxford Crossing Homeowners
Association, and is representing a subdivision located adjacent to the subject property. He asked for
clarification from the owner or applicant on whether or not the lease with purchase option is for the entire
property, or only the front portion of the property. He stated that he does not have any concerns if the
applicant is only going to be using the front portion of the property for his business, but he stated there is no
buffer between the rear portion of the property and the Oxford Crossing subdivision so he would be
concerned if the entire property was going to be used for the business. Mr. Williams also cited concerns
about intrusive lighting being installed on the property, and additional traffic being brought into the area.
Kerry Iffrig was sworn in. Mr. Iffrig stated that is he also concerned with the entire property being sold and
used for automobile sales in the future. He stated that he is concerned that additional lighting will be
installed on the property that would be intrusive to the surrounding residences. He stated that the lighting
would probably not be an issue if the applicant is only planning to use the front portion of the property. Mr.
Iffrig also stated that in researching the applicant he found that he is the owner of Rock Road Auto Plaza,
and he asked if the applicant plans to move that business along with its customers over to this location or if
he plans to open a new used car sales business at this location.
Susan Iffrig was sworn in. Mrs. Iffrig stated that there are exiting issues on the property with late night
activity and excessive noise from the existing businesses. She stated that there are currently 2 trailers on
the property that are being loaded and unloaded during all hours of the day and night. She stated that she
has made multiple calls to the police regarding these issues but the police cannot access the property due
to it being gated. Ms. Iffrig stated that she also has concerns about intrusive lighting, and people test
driving vehicles and speeding on Arco Drive.
Tim Sitz was sworn in. Mr. Sitz stated that he is also concerned about intrusive lighting being installed on
the property. He also asked the applicant or the owner to clarify what the rear portion of the property is
going to be used for in the future.
Mike Hammerle was sworn in. Mr. Hammerle stated that he owns 2 properties on Spring Drive and 1
property on Fairview Drive that are all adjacent to subject property. He stated the existing lights that were
installed on the property by Bropfs were intrusive to his properties, but after speaking with the owner he
turned them down in order to rectify the situation. Mr. Hammerle stated that he is concerned that any
lighting located at the front of the property would be intrusive to the surrounding properties. He stated that
the existing lighting at the front of the property from the surrounding car dealerships is already intrusive to
his property located on Fairview Drive. Mr. Hammerle also stated that the drainage from the subject
property already runs across his 2 properties on Spring Drive, and he is concerned that if the lessee adds a
paved parking area it will cause additional run-off to encroach upon his properties. He also stated that there
currently is a chain link fence along the rear portion of the subject property. He stated he would like to see
the applicant be required to replace the chain link fencing with a site-proof fence. Mr. Hammerle also asked
if the existing 2 entrances would be used for access to the proposed business, or if additional entrance(s)
would be added to the site.
Page 5
Chairman Craig Frahm informed Mr. Hammerle that the car dealerships having intrusive lighting that he is
referring to are located in the City limits of St. Charles, and he should contact them regarding his concerns.
There being no additional speakers in the audience, Chairman Frahm asked the Applicant if he would like to
approach the podium to address any of the questions/concerns that were voiced by the speakers.
The Applicant, Penuel Raj Clement, responded that he wants to be a good neighbor, and he will do
everything he can to make the neighbors happy. He stated that he is only going to be using the front
portion of the property for his business. He is leasing 4 acres and has a 3 year lease, with the option to
purchase the property in the future. He stated he has the option to renew the lease one time only, for up to
5 years if he does not purchase the property.
Chairman Craig Frahm asked the Commission if they had any further questions for the applicant.
Tom Kuhn asked Mr. Clement to explain exactly where the portion of the property that he plans to use for
his business is located.
Mr. Clement responded that he plans to use the front 4 acres of the property, just past the existing fence
line to the rear of the two buildings.
Jan Whipple added that this Conditional Use request states that the applicant can only use the front 2.3
acres of the property for Automobile Sales. If the applicant decided he wanted to use a larger portion of the
property in the future, he would be required to apply for a new Conditional Use permit and appear before
both the Planning & Zoning Commission and the County Council again.
Chairman Craig Frahm asked the Planing & Zoning staff if the trucking business that the neighbors have
stated the owner is running on the property conforms to the uses allowed on the property.
Jan Whipple stated that as far as staff knows, the only business currently being operated on the property is
mobile home and R/V storage. She stated that Neighborhood Preservation has visited the site a few times,
and has not found them to be in violation of their permitted use.
Roger Ellis stated that it appears that the existing business is currently using the driveway located at the
front of the property for access their storage lot at the rear of the property. He asked the applicant if they
would continue to have access through this front entrance (which would mean they would be driving through
the middle of his automobile sales business), or if he has any plans to block off this access with a gate or
something.
Mr. Clement responded that the owner would continue to use the front driveway to access their storage lot,
and he has no plans to block this access or install a gate.
Robert Myers added that St. Charles County now has pretty strict requirements for outdoor lighting. The
ordinance states that any pole lights installed on the property cannot be more than twenty (20) feet in
height, and may not exceed 0.50 footcandles of illumination at the property line. Outdoor lighting also
cannot be directed to an adjacent property located within a residential zoning district.
Ron Saettele asked the Planing & Zoning staff if permits for signs require approval by the County Council.
Jan Whipple responded that sign permits are approved or denied by County staff based on whether or not
the meet all of the requirements of the ordinance.
Chairman Frahm then closed the public hearing and called for discussion from the Commission.
Page 6
Ron Saettele stated that he believes the Planning & Zoning staff’s recommendation that the applicant be
required to remove the existing pole sign from the property is too strict, and the applicant should have the
option to make alterations to the sign and bring it into compliance.
There being no further discussion, Chairman Frahm asked for a motion to recommend approval of
Application No. CUP15-000011.
Roger Ellis made a motion to approve Application CUP15-000011 per the staff recommended conditions
listed above, with the exception of condition No. 6, which states “The existing pole sign must be removed.
A new sign may be installed that meets sign code regulations, with appropriate permits.” The motion was
seconded by Robert McDonald.
.
The vote on the motion was as follows:
Ron Saettele
- Yes
Craig Frahm
- Yes
Kevin McBride
- Yes
Jim Leonhard
- Yes
Roger Ellis
- Yes
Tom Kuhn
- Yes
Robert McDonald - Yes
Application CUP15-000011 was recommended for APPROVAL, subject to the following conditions:
1. No work on the site including paving, additional gravel or parking of vehicles shall be permitted until
a site plan is approved by the St. Charles County Community Development Department and all
proper permits are received.
2. Customer/Employee parking must be provided and signed for the public to visit the site in
compliance with the Unified Development Ordinance parking regulations. No vehicle inventory will
be permitted in those parking spaces.
3. Lighting shall not obstruct or interfere with travel along Veterans Memorial Parkway, or cast upon
any residential properties.
4. Vehicles displayed for sale shall be parked in a manner that each vehicle is independently
maneuverable.
5. Vehicle sales shall be permitted on the front approximately 2.3 acres of the property. This area is the
front 490’ of the property as measured from the existing fence and gate to the right-of-way of I-70
6. No conditional use shall be active until all conditions of the approval have been met.
7. In any case where a conditional use is not in place and in active use within two years from the date
of granting, and/or in accordance with the terms of the conditional use originally granted or
subsequently amended, then, without further action by the Planning and Zoning Commission and/or
the County Council, the conditional use, or authorization thereof, shall be null and void.
The vote count was 7 Yeas, 0 Nays, and 0 Abstentions.
Craig Frahm, Chairman
Page 7
Roger Ellis, Secretary

Bill No. 4317

Transcription

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