Plan and Zoning Commission City of Richmond Heights, Missouri

Transcription

1 Plan and Zoning Commission City of Richmond Heights, Missouri Regular Meeting 7:00 p.m., Thursday, May 21, 2015 City Council Chambers Richmond Heights City Hall Call to order: Roll Call: (Note name of meeting and date of meeting.) (Ask that roll be read, then state whether or not a quorum exists.) Old Business: 1. Approval of minutes for meeting held on April 16, Approval of Zoning Administrator's report dated April 23, 2015 to the City Council on: 1. PUBLIC HEARING: PETITION : Robert and Jodie Lloyd, seeking design review of plans for a single family home to be constructed at 7462 Hoover Avenue in accordance with Section of the Richmond Heights Municipal Code. 2. PUBLIC HEARING: PETITION : WB Properties Olive, LLC, seeking Rezoning, Site Plan Review, Preliminary and Final Development Plan approval for property located along the north side of the 8800 block of Eager Road, for purpose of building a senior living residence offering assisted and memory care units. New Business: 1. PUBLIC HEARING: PETITION : Weber Grill Restaurant, LLC Bryan Gerrish, President seeking site plan review and a Conditional Use Permit to operate a restaurant at 1147 Saint Louis Galleria, a location previously occupied by Black Finn Restaurant. i. Staff report: Zoning Administrator Note: F of the Zoning Ordinance provides that: "Unless the City Council exercises its power of review a Conditional Use Permit shall become effective following the regularly scheduled meeting of the City Council at which the report of the Plan & Zoning Commission concerning the proposed Conditional Use Permit is received." Note: F. of the Zoning Ordinance provides that: "The Site Plan and the Commission's actions and reasoning, shall be forwarded to the City Council as an informational item where it shall be their option either to require a further review and approval of the Site Plan at the council level, or concur with the Commission by taking no further action." 1

2 The Commission should then consider the Conditional Use Permit ( pages 401 through 405) and vote separately on the following findings of fact, as to whether such building, development or use: If the Commission's findings are positive to any of the subjects referred to in 1-7, then the petition shall be denied; if the Commission findings are negative to any of the subjects referred to in 8-10 then the petition shall be denied. 1. Will/will not adversely affect traffic safety; 2. Will/will not substantially increase fire hazards; 3. Will not substantially, adversely affect the character of the neighborhood; 4. Will/will not adversely affect the general welfare of the community; 5. Will/will not overtax public utilities; 6. Will/will not adversely affect public safety and health; 7. Will/will not adversely affect storm water runoff; 8. Is consistent with good planning practice or conforms to the Master Plan; 9. Can be operated in a manner that is not substantially detrimental to the permitted developments and uses in the district; 10. Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area. The Commission should then consider the Conditional Use Permit ( and , pg ) and Site Plan Review ( pages ) and the following proposed conditions: 1. Hours will generally be 11:00a.m. to 11:00p.m. Monday through Thursday and 11:00a.m. to 12:30a.m. Friday and Saturday 10:30a.m. to 12:30a.m. Sunday 10:00a.m. to 11:00p.m. with brunch at 10:00a.m. 2. All signage shall conform to the City s Sign Ordinance, Chapter 415 of the Municipal Code, except as allowed by Board of Adjustment variance previously granted. 3. Trash receptacles shall be provided for the patio and the area shall be kept free of all debris. 4. All uses shall be maintained and operated so as not to be injurious of offensive to the occupants of adjacent premises by reason of emission or creation of noise, vibration, smoke, dirt or other particle matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare. 5. All necessary inspections, licenses and permits required by local and county regulatory agencies shall be in place before occupancy. 6. The Petitioner shall record the Conditional Use Permit and Site Plan, at their expense at the St. Louis County Recorder of Deeds office. A copy of such recorded documents, including book and page number therefore shall be immediately furnished to the Zoning Administrator for the City s file. 7. Should the petition be granted, prior to occupancy, the Petitioner shall send a letter to the Zoning Administrator for the City file, stating that the Petitioner will abide by all conditions required by the Conditional Use Permit. 8. Any violations of the provisions, regulations and conditions set forth in this permit, the Zoning Ordinance, or any health, sign, building or licensing ordinances of the City of Richmond Heights shall be cause for revocation of the Conditional Use Permit granted. The vote would be to approve, disapprove or approve with conditions the Site Plan Review and Conditional Use Permit. 2. PUBLIC HEARING: PETITION : Newton Hotel, Property Owner, LLC dba Residence Inn St. Louis Galleria seeking site plan review and a Conditional Use Permit to allow sale of beer and wine only at their market place located in the office/gate house for property located at 8011 Galleria Parkway. 2

3 i. Staff report: Zoning Administrator Note: F of the Zoning Ordinance provides that: "Unless the City Council exercises its power of review a Conditional Use Permit shall become effective following the regularly scheduled meeting of the City Council at which the report of the Plan & Zoning Commission concerning the proposed Conditional Use Permit is received." Note: F. of the Zoning Ordinance provides that: "The Site Plan and the Commission's actions and reasoning, shall be forwarded to the City Council as an informational item where it shall be their option either to require a further review and approval of the Site Plan at the council level, or concur with the Commission by taking no further action." The Commission should then consider the Conditional Use Permit ( pages 401 through 405) and vote separately on the following findings of fact, as to whether such building, development or use: If the Commission's findings are positive to any of the subjects referred to in 1-7, then the petition shall be denied; if the Commission findings are negative to any of the subjects referred to in 8-10 then the petition shall be denied. 1. Will/will not adversely affect traffic safety; 2. Will/will not substantially increase fire hazards; 3. Will not substantially, adversely affect the character of the neighborhood; 4. Will/will not adversely affect the general welfare of the community; 5. Will/will not overtax public utilities; 6. Will/will not adversely affect public safety and health; 7. Will/will not adversely affect storm water runoff; 8. Is consistent with good planning practice or conforms to the Master Plan; 9. Can be operated in a manner that is not substantially detrimental to the permitted developments and uses in the district; 10. Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area. The Commission should then consider the Conditional Use Permit ( and , pg ) and Site Plan Review ( pages ) and the following proposed conditions: 1. Sale of beer and wine is only for use of the Residence Inn s patrons or guests. 2. Premises and dumpster enclosure areas must be kept free and clear of all trash and debris. The vote would be to approve, disapprove, or approve with conditions the Site Plan Review and Conditional Use Permit. 3. PUBLIC HEARING: PETITION : David Reary, Zoning Administrator for the City of Richmond Heights proposing a text amendment to the Zoning Ordinance Sections transferability of a Conditional Use Permit. 3

4 i. Staff report: Zoning Administrator A. Modify Section to read as follows: Transferability All conditional use permits shall be approved for the originating applicant for a specific location. A conditional use permit may be transferred to another applicant where the use of the property is substantially the same as the use for which the original permit was issued and no substantial changes are proposed for the property. The transfer may occur provided the new applicant provides a written request to the Zoning Administrator for the transfer; the applicant shall state in the request that they are aware of all conditions of the conditional use permit and will abide by all the conditions. The applicant shall then record the re-issued conditional use permit at St. Louis County Recorder of Deeds, and provide a copy of recording to the Zoning Administrator. Should the business or use for which the conditional use permit was sought be transferred to a different ownership, a new conditional use permit shall be required in those instances where: 1. The new use of the property is substantially different from that use for which the original permit was issued. 2. The site which the new use will be located will be substantially changed from the standpoint of either the site improvements or the structure(s). In all cases where the Zoning Administrator believes there is a substantial change in use or the property, or if problems have been reported regarding the property use a public hearing and new conditional use permit shall be required. Wherefore Petitioner recommends to the Plan and Zoning Commission for their consideration the above text amendment to the Zoning Ordinance of the City of Richmond Heights. The vote would be to approve or disapprove the proposed text amendment. 3. PUBLIC HEARING: PETITION : David Reary, Zoning Administrator for the City of Richmond Heights proposing a text amendment to the Zoning Ordinance Section B.2.a and Section D impervious portion of front yard. i. Staff report: Zoning Administrator 4

5 Purpose: To amend section Accessory Uses Section B.2.a. Delete as shown: 2. Off-street parking and loading spaces as required by Article VI and any additional offstreet parking or loading spaces which are devoted exclusively to the principal use or activity, unless specifically prohibited under Subsection (C) of this Section, except that no residentially zoned property without a residence shall be used for parking. a. Parking in residential zones will be allowed only on non-permeable pavement. At least (twenty-five percent (25%) of the required front yard and twenty-five percent (25%) of the required rear yard shall be permeable and landscaped, which landscaping shall consist of living trees, shrubbery, grass, flowers and/or ground cover planting. Section D add item #9. 9. At least forty percent (40%) of the required front yard and twenty five percent (25%) of the required rear yard shall be permeable and landscaped, which landscaping shall consist of living trees, shrubbery, grass, flowers and/or ground cover. The vote would be to approve or disapprove the text amendment. The next regularly scheduled meeting of the Plan & Zoning Commission will be Thursday, June 18, VOTE TO ADJOURN. 5