REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS

Transcription

1 APPLICATION NUMBER APPLICATION (PROJECT) NAME APPLICANT NAME PROPERTY OWNER NAME APPLICANT S REQUEST EXPRESS POLICE SUPPLY Robert Ralph Strang Line Road, Lenexa, KS Metro Park, LLC, et al Olive Boulevard, Suite 200, St. Louis, MO Amendment to Conditional Use Permit Ordinance # to allow a retail store specializing in police and fire equipment including the sale of firearms SITE LOCATION STREET ADDRESS Southeast corner of Dorsett Road and Metro Boulevard Dorsett Road PARCEL/LOCATOR NUMBER EXISTING ZONING DISTRICT TOTAL SITE AREA PLANNING AREA 14N M-1 Office, Service, and Light Manufacturing District OD-C Overlay District-Corridor 3.06 acres WESTPORT PLANNING AREA PUBLIC HEARING OPENED August 11, 2009 PUBLIC HEARING CLOSED August 11, 2009 REPORT DATE August 20, 2009 CASE MANAGER RECOMMENDATION Michael Zeek APPROVAL EXPRESS POLICE SUPPLY PAGE 1

2

3 DESCRIPTION OF EXISTING SITE CONDITIONS The 3 acre site is located at the southeast corner of Dorsett Road and Metro Boulevard. It is occupied by a 39,450 square foot one-story multi-tenant building and associated parking. The site is accessed via Metro Court with limited rightin/right-out access from Dorsett Road. NEIGHBORHOOD CONDITIONS/LAND USE North of the site, across Dorsett Road, are a multi-tenant building occupied by two piano stores and a fast food restaurant (White Castle). Northeast of the site are a pool company (R&S Pool & Spa) and the City Government Center. East of the site is a fast food restaurant (Taco Bell). South of the site are a multi-tenant office/warehouse building and a pharmaceutical manufacturer (KV Pharmaceutical). West of the site, across Metro Boulevard, is a bank (UMB Bank). REFER TO FIGURE 1 REFER TO FIGURE 2 ZONING CONTEXT The surrounding properties are zoned M-1 Office, Service, and Light Manufacturing District. Most of the site is also within the Dorsett Road Overlay District ( OD-C ). REFER TO APPENDIX A SUPPLEMENTAL MAPS AND SITE DATA REFER TO FIGURE 3 EXISTING CONDITIONS MATRIX DIRECTION EXISTING LAND USE ZONING DISTRICT COMMENTS North Piano stores and fast food M-1 and OD-C East Fast food restaurant M-1 and OD-C Taco Bell Baldwin Piano Center, Steinway & Sons, White Castle (across Dorsett Road) South Multi-tenant office/warehouse and pharmaceutical manufacturer M-1 KV Pharmaceuticals West Bank PD-M and OD-C UMB Bank (across Metro Boulevard) EXPRESS POLICE SUPPLY PAGE 3

4 ZONING REQUEST/DEVELOPMENT PROPOSAL The applicant, OMB Express Police Supply, intends to occupy approximately 7,000 square feet of Metro Dorsett Center to provide retail services for police and firefighters, supplying them with the equipment they need in their everyday operation, including the sale of firearms. This use is classified in Appendix B, Land Use and Required Parking Matrix, of the Zoning Code as Miscellaneous Store Retailers (LUC #45399) and is conditional in the M-1 Office, Service, and Light Manufacturing District. The store will have 4 employees on the maximum shift. The anticipated hours of operation are Monday through Friday from 8:00 A.M. to 4:30 P.M. but may be extended depending on the future needs of the store. By lease, the tenants pro-rata share of the parking is 31 spaces. No exterior improvements, other than signage, are proposed. COMPREHENSIVE PLAN CONSISTENCY REVIEW A consistency review of the goals for the Westport Planning Area, as they relate to the current request, follows: CITY PLANNER S COMMENTS GOALS: WESTPORT PLANNING AREA The goals for the Westport Planning Area that are applicable to this rezoning petition are: The site is highly visible from Dorsett Road. As no exterior improvements are proposed, other than signage, the proposed use s impact on the public viewshed will be negligible. 1. Strengthen City image along highways and arterials. The building and property do not appear to be experiencing functional or economic obsolescence at this time. No exterior improvements, other than signage, are proposed to the existing building at this time. 2. Encourage redevelopment of buildings and properties that are experiencing functional or economic obsolescence. 3. Assist property owners/companies with renovations. No roadway improvements are proposed in conjunction with the proposed development, nor is the development expected to yield a significant increase in vehicle trips. 4. Encourage improvements to the roadways that result in more efficient and safe vehicular movements. The proposed use is consistent with the established office, service, and light industrial land use pattern of the building and surrounding area. 5. Encourage and support commercial and light industrial development within an established land use pattern. PAGE 4 APPLICATION FOR CONDITIONAL USE PERMIT #

5 PLANNING AND ZONING ANALYSIS BACKGROUND Conditional Use Permit Ordinance # was adopted on August 4, This Conditional Use Permit was necessary to authorize the expansion of the pre-existing non-conforming auto parts store. The Conditional Use Permit also brought the pre-existing non-conforming fast food restaurant in the center into conformance with the Zoning Code. Conditional Use Permit Ordinance # was recently repealed by Conditional Use Permit Ordinance # , which established a new Conditional Use Permit Ordinance to include a veterinary office on the site. IMPACT ON NEIGHBORHOOD CHARACTER The requested retail store will not adversely impact surrounding properties or the existing tenants within the center. Given that this is a specialty retail store, from a traffic generation standpoint, the use should be about the same intensity as the previous tenant, MAB Paints. Staff contacted the Police Department regarding the request. The Chief indicated that the Police Department not have an issue with the use at this location and will continue to work with the applicant regarding the safety and security measures necessary for storing firearms. As the proposed store involves the sale of firearms, the applicant will be responsible for obtaining all necessary permits from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The ATF begins their permit review subsequent to approval of an occupancy permit by the City. DRAFT ORDINANCE APPROACH PARKING REQUIREMENTS A total of 172 parking spaces are present on the site. The proposed retail use is parked at 4.5 spaces per 1,000 square feet of gross floor area. Given the nearly 7,000 square foot tenant space, 31 parking spaces are required. According to the applicant s narrative, the lease is set up to provide the 31 spaces required. In addition, the limited scope of the proposed retail use should not generate enough trips to create a parking issue. Ordinance Approach: The draft ordinance requires parking to be provided in accordance with the Zoning Code. SIGNAGE REQUIREMENTS The proposed store will require tenant signage. Section B, Attached Identification Signs on Single-Story Buildings Containing Multiple Businesses or Tenants, governs such signage. This section requires that the tenant sign be no more than 5% of the total square footage of the lease unit it identifies. In terms of design, the sign must be organized along, and integrated with, a common horizontal band or architectural element. The building has been designed to accommodate signage in this fashion. Furthermore, the sign must employ channel, or individually raised or routed text and logos only, which the existing signs do. To the maximum extent possible, text on each sign must employ a color scheme common to both the building on which it is attached and to other related signage on the site. As most of the tenant signage was in place prior to these specific design requirements, the existing signage does not necessarily follow a common color scheme. However, the City Planner will review any proposed signage to ensure that it is as consistent as possible with the other signage of the center. EXPRESS POLICE SUPPLY PAGE 5

6 PLANNING AND ZONING ANALYSIS Ordinance Approach: The draft ordinance requires any new signage to be in accordance with the Zoning Code. FINAL SITE PLAN Section 25-11, Conditional Use Permits, of the Zoning Code requires that a Final Site Plan be approved as the final step in the Conditional Use Permit process. Given that the site is already developed and no improvements are proposed, the Final Site Plan in this case should be an existing conditions plan which details all existing site improvements, the current tenant mix, the parking requirements, and the parking spaces allotted to each tenant per the lease documentation. Ordinance Approach: The draft ordinance requires an existing conditions plan to be approved prior to occupancy of the proposed retail store and lists the plan s informational requirements. CITY PLANNER S COMMENTS CONDITIONAL USE PERMIT BURDEN OF PROOF In presenting any application for a conditional use permit, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the following criteria: Adding the conditional retail use proposed to this previously developed site is consistent with the goal of the Comprehensive Plan to encourage and support commercial uses within the established land use pattern and consistent with the purpose and intent of the underlying zoning district to establish office, service, and light manufacturing uses. 1. Consistency. The conditional use is deemed consistent with good planning practice in that it: a. Advances the goals, objectives, and policies of the Comprehensive Plan. b. Advances the purpose and intent of the underlying zoning district. c. Meets the requirements contained in the Zoning Code for the specific use. PAGE 6 APPLICATION FOR CONDITIONAL USE PERMIT #

7 PLANNING AND ZONING ANALYSIS CONDITIONAL USE PERMIT BURDEN OF PROOF 2. Operational impacts. The conditional use can be operated in a manner that is not detrimental to the permitted developments and uses in the district. In determining the impacts of the proposed use on surrounding properties, the following factors shall be considered: a. Noise; b. Odor; c. Traffic; d. Operational schedule; and/or e. Other similar factors related to the nature of the operation. 3. Visual impacts. The conditional use can be developed and operated in a manner that is both visually compatible with the permitted uses in the surrounding area and protects or enhances the public viewshed. In determining the visual impact of the proposed use on surrounding properties, the following factors shall be considered: a. Density. Either the number of units and/or site coverage in respect to the immediate neighborhood; CITY PLANNER S COMMENTS The proposed retail store, if operated in a manner consistent with the draft ordinance and the performance standards of the Zoning Code, will not be detrimental to other permitted developments and land uses in the district or area. The draft ordinance contains a prohibition on the treatment of exotic animals which could present a danger to the general public. The property is fully developed and the conditions of the draft ordinance address the impacts on the visual environment of any new improvements. New signage, for instance, shall be as per the Zoning Code to ensure its consistency with other signage in the center. b. Massing and scale. The location, floor area, and/or height of the structures associated with the proposed conditional use; and c. Screening and buffers. The use of landscaping, fencing, setbacks or other design features to mitigate the visual impact of the proposed conditional use. 4. General welfare. The conditional use is deemed essential, convenient, or desirable to preserve and promote the public health, safety, and general welfare of the City of Maryland Heights. 5. Infrastructure. Adequate facilities either exist or will be provided, including but not limited to: a. Access b. Parking and loading c. Emergency services d. Utilities e. Drainage The conditional retail use will promote the general welfare of the community by providing a unique retail service. The site is already fully developed. Adequate facilities are present to serve the conditional retail use proposed. EXPRESS POLICE SUPPLY PAGE 7

8 FINDINGS AND RECOMMENDATION CONSISTENT WITH COMPREHENSIVE PLAN 1. The City Planner finds the proposed retail store is consistent with the goal of the Comprehensive Plan to encourage and support commercial uses within the established land use pattern. IMPACT ON NEIGHBORHOOD CHARACTER 2. The City Planner finds that the proposed store, subject to the adoption of the limitations set forth in the draft ordinance, will have no impact on neighborhood character or the other uses on site. SITE DESIGN 3. The City Planner finds that the proposed store does not necessitate any changes to the existing site design, other than signage. RECOMMENDATION The City Planner finds that the proposed conditional use meets the Burdon of Proof and further advances the intent of both the Comprehensive Plan and Zoning Code. Based on this finding the City Planner requests favorable consideration of the draft ordinance. J. Wayne Oldroyd City Planner PAGE 8 APPLICATION FOR CONDITIONAL USE PERMIT #

9 APPENDIX A SUPPLEMENTAL MAPS AND SITE DATA EXPRESS POLICE SUPPLY PAGE 9

10 FIGURE 1: AERIAL PHOTOGRAPH PAGE 10 APPLICATION FOR CONDITIONAL USE PERMIT #

11 Piano Stores Fast Food Pool Store City Government Center Bank Fast Food FIGURE 2: EXISTING LAND USE PATTERN EXPRESS POLICE SUPPLY PAGE 11

12 PD-M OD-C PD-M M-1 M-1 FIGURE 3: ZONING MAP PAGE 12 APPLICATION FOR CONDITIONAL USE PERMIT #

13 EXHIBIT A: EXISTING CONDITIONS PLAN EXPRESS POLICE SUPPLY PAGE 13

14 EXHIBIT B: APPLICANT S NARRATIVE PAGE 14 APPLICATION FOR CONDITIONAL USE PERMIT #

15 EXHIBIT C: APPLICANT S NARRATIVE REGARDING CUSTOMER BASE EXPRESS POLICE SUPPLY PAGE 15

16 This is a view of the site from Dorsett Road. The site is occupied by a 39,450 square foot multitenant building. PHOTOGRAPH #1 - LOOKING SOUTH FROM DORSETT ROAD DESCRIPTION This is a view of the tenant space the retail store proposes to occupy. It was formerly occupied by a paint store. PHOTOGRAPH #2 - LOOKING SOUTH ON SUBJECT PROPERTY DESCRIPTION PHOTOGRAPHIC INVENTORY PAGE 16 APPLICATION FOR CONDITIONAL USE PERMIT #

17 Recommendation of Planning Commission BILL NO. ORDINANCE NO DRAFT AN ORDINANCE AMENDING CONDITIONAL USE PERMIT ORDINANCE # TO AUTHORIZE A RETAIL STORE SPECIALIZING IN POLICE AND FIRE EQUIPMENT, INCLUDING THE SALE OF FIREARMS, AT METRO DORSETT CENTER (Petition of Express Police Supply with the consent of Metro Park, LLC) WHEREAS, a Public Hearing was held before the Planning Commission regarding the proposed Conditional Use Permit contained in this Ordinance; and WHEREAS, the Planning Commission has determined that the proposed development is in general conformance with the goals of the Comprehensive Plan of the City of Maryland Heights; and WHEREAS, the Planning Commission has determined that the proposed use satisfies the criteria for conditional uses as set forth in the Zoning Code of the City of Maryland Heights; and WHEREAS, the Planning Commission has recommended approval of the conditions contained in this Ordinance; and WHEREAS, the City Council has reviewed the recommendation of the Planning Commission and has determined that the Conditional Use Permit is appropriate NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARYLAND HEIGHTS, MISSOURI, AS FOLLOWS: Section 1: Section 3.I, Permitted and Conditional Uses, of Conditional Use Permit Ordinance # is hereby amended as follows: I. PERMITTED AND CONDITIONAL USES A. All permitted land uses in the M-1 Light Manufacturing District. B. The following uses, subject to the limitations set forth in IV, Use Limitations, of this ordinance: 1. Automotive Parts and Accessories Store (LUC #44131). 2. Restaurant, Fast Food and Take Out, (LUC #72223 & #72225). 3. Veterinary Services (LUC #54194). 4. Miscellaneous Store Retailer (LUC #45399) specializing in the sale of police and fire equipment, including the sale of firearms. Section 2: Section 3.II, Plan Submittal Requirements, of Conditional Use Permit Ordinance # is hereby amended as follows: II. PLAN SUBMITTAL REQUIREMENTS Within sixty (60) thirty (30) days of the date of approval of the Conditional Use Permit Ordinance by the City Council, and prior to issuance of an occupancy permit for the proposed miscellaneous store retailer City of Maryland Heights Ordinance No DRAFT Page 1 of 2

18 veterinary services, the applicant shall submit to the City Planner for review and approval an Existing Conditions Plan. Where due cause is shown by the applicant, the time interval may be extended by the City Planner. Said Plan shall include, but not be limited to the following: A. Location of all structures. B. Location of all parking areas. C. Locations of all landscaped and buffer areas. D. Location of all streets abutting the site, internal roadways or drive aisles, emergency routes, parking areas and vehicle storage areas, major utility and roadway easements, rights-of-way dedications, and rights-of-way curb cuts or other designated access points. E. Location, size, and business name (where applicable) of all tenant spaces. F. Parking calculations. G. Number and location of parking spaces allotted to each tenant. Section 3: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED BY THE CITY COUNCIL THIS DAY OF MAYOR/PRESIDING OFFICER APPROVED BY THE MAYOR THIS DAY OF ATTEST: MAYOR CITY CLERK City of Maryland Heights Ordinance No DRAFT Page 2 of 2