Plan and Zoning Commission City of Richmond Heights, Missouri

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1 Plan and Zoning Commission City of Richmond Heights, Missouri Regular Meeting 7:00 p.m., Thursday, September 17, 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 August 20, Approval of Zoning Administrator's report to the City Council dated August 24, 2015 on: 1. PUBLIC HEARING: PETITION : MENARD, INC. Theron J. Berg, Real Estate Manager seeks amendment to their previously approved development plan; they desire to update the building elevations of the two multi-tenant buildings. New Business: 2. PUBLIC HEARING: PETITION : Draper Kramer, Larry DiVito superintendent of Managing Partners, seeks Site Plan Review, Preliminary and Final Development Plan approval for the construction of 4 apartment buildings known as Phase II of Manhassett; located at the northwest corner of Eager and McCutcheon Roads. i. Staff report: Zoning Administrator ii. Petitioner's report iii. Petitioner's staff report iv. Citizens favoring petition v. Citizens against petition vi. Staff's closing remarks vii. Commission discussion After consideration of the application, staff report and information presented at the hearing the Plan and Zoning Commission shall make a report to the City Council regarding the impact of such proposed building or use as to whether it: 1. Will/will not adversely affect traffic safety; 2. Will/will not substantially increase fire hazards; 3. Will/ 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. 1

2 Modifications: Section :E.1 of the Richmond Heights Zoning Ordinance states the base area regulations and performance standards for a Planned Development Residential District shall be the same as those under Section , The R-5 Residential Zoning District. Section E.2 allows modification to those standards as may be necessary or desirable to achieve the objection of the proposed planned development; but no modifications would be allowed when such proposed modification would result in: a. Inadequate or unsafe access to the planned development; b. Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity; c. An undue burden on public works, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development; d. A development which will be incompatible with the purposes of this Chapter; e. Detrimental on the surrounding area but not limited to visual pollution. The burden of proof that the criteria above are not being violated shall rest with the developer and not the staff or the Planning and Zoning Commission. The Petitioner as proposed seeks the following modifications: Parking reduction from 2 per dwelling to 1.25 per dwelling. Distance between apartment buildings. Side to side required 50', request 38' Back to side required 45', request 36' Setback from Eager Rd. required 20, request 15' Setback from rear building line required 35', request 34' Should the Commission be inclined to recommend approval of the petition the following conditions are offered for the Commission s consideration: 1. All public streets shall be kept continuously clean during all construction activities. Permits shall be necessary for public sidewalks; curb cuts and aprons from the Public Works Department. 2. All signage shall conform to the Sign Ordinance of the Richmond Heights Municipal Code (including, where applicable, necessary sight triangles). 3. All landscaped areas shall be continually maintained, nourished and trimmed as needed. All damaged, dead or diseased plants shall be replaced as necessary. 4. An underground water sprinkler system shall be provided for all lawn and landscaped areas. 5. All parking spaces, aisle widths, striping, parking lot and driveway construction, including driveway aprons, will meet ordinance requirements and standards found in the Richmond Heights Municipal Code. 6. The Petitioner shall keep all roads, drives and parking areas sealed and repaired, and maintained free of debris. They shall remove snow, ice, sleet, dirt and trash from all parking drive areas and sidewalks, including the adjacent public sidewalk. 7. Parking lot lighting will be at least 1½ foot candles average on the pavement. No light spillage will emit nor may any glare be cast, onto any neighboring properties. The light bulb filaments shall not be visible from any adjacent right of way or private property. 8. Petitioner shall within thirty (30) days of this meeting, notify the Zoning Administrator, in writing, that all the conditions as provided herein, are acceptable and that such conditions are understood and shall be observed. 9. Petitioner, their assignees and lessees, if any, as well as their agents, servants and employees shall faithfully observe the provisions, regulations and conditions set forth in this permit, the Zoning Ordinance, and the City s Municipal Code. 10. Permittee shall cause a copy of the Preliminary Development Plan to be filed for the record in the office of the Recorder of Deeds for St. Louis County at the expense of the Petitioner. A copy of such recorded permit, including book and page number of such document shall be filed with the Zoning Administrator of the City of Richmond Heights prior to commencement of the use, which is the subject thereof. 2

3 11. All HVAC equipment must be screened from view of any public right of way. 12. A Site Plan bond of $100,000 shall be posted in a form acceptable to the Richmond Heights City Attorney to ensure performance obligations of the applicant to make improvements shown on the Site Plan; and may be used to restore the site if the project is abandoned. Portions of the bond may be rebated back to the Petitioner as the work progresses. 13. Before approval of Phase III or Phase IV the traffic study must be updated to reflect actual traffic conditions existing at that time. 14. A storm water drainage system shall be designed and installed to collect the storm water from the yards, building roofs and paved areas, and then properly discharged into the MSD Sewer System. Prior to construction of the storm drainage system, drawings, specifications and calculations shall be filed with MSD for permit approval and also to the City of Richmond Heights for review. As built drawings shall be furnished as well. 15. Signal timing modifications recommended within the study shall be submitted for approval to St. Louis County Department of Highway and Traffic and MoDot. 16. Construction traffic in connection with the Manhassett Village development shall not use McCutcheon Road north of Highway 40/64. Instead all construction traffic; including delivery trucks and vans shall use Eager Road and Brentwood Boulevard. 17. Curb cuts and aprons located within the existing McCutcheon and Eager Roads Right-ofways, that will not be used, shall be removed with the curb and tree lawn restored. 18. In accordance with the City s Municipal Code, before a building permit could be issued, a ten thousand dollar ($10,000) street deposit shall be deposited with the City to be used as security for the repair of any damage to public rights of way or the cleanup of any litter or debris caused by the depositors employees or contractors in connection with this preliminary development plan approval. 19. The $100,000 Site Plan bond and the $10,000 street deposit described under conditions 12 and 18 have been collected by the City, and shall serve to satisfy the conditions for the Phase II construction required under this petition. The vote would be to approve, approve with conditions or disapprove the Phase II Manhassett Village Site Plan and Preliminary and Final Development Plan. 2. PUBLIC HEARING: PETITION : Pulte Homes of St. Louis, LLC seeking rezoning, Site Plan Review, Preliminary and Final Development Plan approval for property located at 1107 E. Linden former site of Kol Rinah synagogue. i. Staff report: Zoning Administrator ii. Petitioner's report iii. Petitioner's staff report iv. Citizens favoring petition v. Citizens against petition vi. Staff's closing remarks vii. Commission discussion Rezoning. The property is zoned R-2A Single Family Residential and the Petitioner request the property be rezoned to Plan Development Residential. Section :D Finding of Fact, says in reviewing any petition for a zoning amendment the Plan and Zoning Commission shall identify and evaluate all factors relevant to the petition and report its findings, along with its recommendations for disposition of the petitions to the City Council. The facts to be considered by the Commission shall include, but not be limited to the following: 1. How the proposed amendment would conform to the Comprehensive Plan; Staff suggests the amendment will conform to the Comprehensive Plan, as the Plan under Section 4, Brentwood/I-170 Corridor states If the synagogue elects to move, then encourage medium density office or planned residential use for the property. In any development proposal ensure the careful buffering of the E. Linden frontage and require site access to be routed to McMorrow/Hoover. 2. Why the existing zoning district classification of the property in question is map inappropriate or improper; with the Commercial uses north and south of the parcel, under the direction of the Comprehensive Plan, the R-2 Single Family Zoning category should be changed to Planned Development Residential. 3

4 3. What main economic, physical or social changes, if any have occurred in the vicinity of the property in question that were not anticipated by the Comprehensive Plan and have substantially altered the basic character of the area, which make the proposed amendment to the Zoning District Map appropriate. The transformation of the adjacent rail line to a light rail for pedestrian use would encourage the residential use of the property. The following condition is recommended for your consideration: 1. The requested rezoning shall not take effect until an approved Site, Preliminary and Final Development Plan have been approved by the Plan and Zoning Commission and the City Council. The vote would be to approve, or disapprove the proposed rezoning. Site Plan Review, Preliminary and Final Development Plan After consideration of the application and staff report and information presented at the hearing, the Plan and Zoning Commission shall make a report to the City Council regarding the impact of such proposed building or use to whether it: 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 items 1-10 must be voted on separately. Modifications: Section :E.1 of the Richmond Heights Zoning Ordinance states the base area regulations and performance standards for a Planned Development Residential District shall be the same as those under Section , The R-5 Residential Zoning District. Section E.2 allows modification to those standards as may be necessary or desirable to achieve the objection of the proposed planned development; but no modifications would be allowed when such proposed modification would result in: a. Inadequate or unsafe access to the planned development; b. Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity; c. An undue burden on public works, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development; d. A development which will be incompatible with the purposes of this Chapter; e. Detrimental on the surrounding area but not limited to visual pollution. 4

5 The burden of proof that the criteria above are not being violated shall rest with the developer and not the staff or the Planning and Zoning Commission. The Petitioner requests the following modification: The following minimum distance shall be required between structures in developments with building in excess of 2½ stories: Required Proposed Front to Front 60' 33' Front to Back 60 15' Back to Back 60 42' Back to Side 45' 39' Should the Commission be inclined to approve the Preliminary and Final Development Plan the following conditions are offered for your review: 1. All public streets shall be kept continuously clean during all construction activities. Permits shall be necessary for public sidewalks; curb cuts and aprons from the Public Works Department. 2. All signage shall conform to the Sign Ordinance of the Richmond Heights Municipal Code (including, where applicable, necessary sight triangles). 3. All landscaped areas shall be continually maintained, nourished and trimmed as needed. All damaged, dead or diseased plants shall be replaced as necessary. 4. An underground water irrigation system shall be provided for all lawn and landscaped areas. 5. All parking spaces, aisle widths, striping, parking lot and driveway construction, including driveway aprons, will meet ordinance requirements and standards found in the Richmond Heights Municipal Code. 6. The Petitioner shall keep all roads, drives and parking areas sealed and repaired, and maintained free of debris. They shall remove snow, ice, sleet, dirt and trash from all parking drive areas and sidewalks, including the adjacent public sidewalk. 7. Parking lot lighting will be at least 1½ foot candles average on the pavement. No light spillage will emit nor may any glare be cast, onto any neighboring properties. The light bulb filaments shall not be visible from any adjacent right of way or private property. 8. Petitioner shall within thirty (30) days of this meeting, notify the Zoning Administrator, in writing, that all the conditions as provided herein, are acceptable and that such conditions are understood and shall be observed. 9. Petitioner, their assignees and lessees, if any, as well as their agents, servants and employees shall faithfully observe the provisions, regulations and conditions set forth in this permit, the Zoning Ordinance, and the City s Municipal Code. 10. Permittee shall cause a copy of the Preliminary Development Plan to be filed for the record in the office of the Recorder of Deeds for St. Louis County at the expense of the Petitioner. A copy of such recorded permit, including book and page number of such document shall be filed with the Zoning Administrator of the City of Richmond Heights prior to commencement of the use, which is the subject thereof. 11. All HVAC equipment must be screened from view of any public right of way. 12. A Site Plan bond of $100,000 shall be posted in a form acceptable to the Richmond Heights City Attorney to ensure performance obligations of the applicant and to make improvements shown on the Site Plan; and may be used to restore the site if the project is abandoned. Portions of the bond may be rebated back to the Petitioner as the work progresses. 13. Construction traffic in connection with the Galleria Station apartment development shall use E. Linden Ave. to McMorrow Ave. to service the site. 14. The requested rezoning shall not take effect until an approved Site, Preliminary and Final Development Plan have been approved by the Plan and Zoning Commission and City Council. 5

6 The vote would be to approve, approve with conditions or disapprove the Site Plan and the Preliminary and Final Development Plans. The next regularly scheduled meeting of the Plan & Zoning Commission will be Thursday, October 15, VOTE TO ADJOURN. 6

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