MINUTES
PLANNING & ZONING COMMISSION
JANUARY 17, 2012
TABLE OF CONTENTS PAGE NO.
PLANNING & ZONING COMMISSION
Announcements/Comments Page 2
Under New Business
537 Howdershell
Dobbs Tire Page 2-4
472 Howdershell
Mario's Pizza Page 4-5
MISCELLANEOUS BUSINESS
Request to Approve Minor Changes
to Recorded Development Plan for
Huck's Convenience Store Located
at 3500 Patterson Road in an Existing
B-5 Zoning District Page 5-6
Request to Review and Make
Recommendations to Clarify
And/or Amend the List of Permitted
Uses in the HB District Page 6-9
The Use of EIFS Page 9-10
Lindbergh Firestone Page 10
Replacement of Diseased
Landscaping Page 10
Upcoming Meetings Page 10-11
PLANNING & ZONING COMMISSION
The Planning and Zoning Commission for the City of Florissant met at the Florissant City Hall Council Chambers on Tuesday, January 17, 2012 at 7:00 p.m., with Jane Boyle presiding.
On roll call the following members were present: Jane Boyle, Daniel Call, Paul Stock, Dick Weller and Lee Baranowski. Also present was Julia Bennett, Court Reporter and Phil Lum, Building Commissioner.
A quorum being present the Chair declared the Planning and Zoning Commission was in session for the transaction of business.
ANNOUNCEMENTS/COMMENTS
Commissioner Boyle announced that Jim Hessel had been excused from tonight's meeting.
Commissioner Boyle stated that the next order of business would be approval of the minutes for the January 3, 2012 meeting. Hearing no amendments Jane Boyle made a motion to approve the minutes as written. Seconded by Daniel Call. All parties concur and the motion carried.
Commissioner Boyle announced that Item 4 under Miscellaneous Business would be changed to Item 3 in order to accommodate the representative for Huck's Convenience Store.
NEW BUSINESS:
Item 1 537 Howdershell
Dobbs Tire & Auto Centers
APPROVED - Ward 3
Request Approval of Minor Changes
to the Recorded Development Plan to
Allow for Exterior Alterations in an
Existing B-5 Zoning District.
The Chair stated Item Number One on the Agenda, Dobbs Tire & Auto Centers located at 537 Howdershell; request approval of minor changes to the recorded Development Plan to allow for exterior alterations in an existing B-5 Zoning District.
Jack Killoren appeared before the Commission and stated that the Petition is to modernize the existing center by changing the center element above the showroom entrance. The existing sign will also be updated by adding new letters.
Mr. Killoren then provided the Commission with photographs of the new prototype.
Jane Boyle asked the Petitioner if he had reviewed Staff's Report? Mr. Killoren stated that he had. Ms. Boyle noted that although the report suggests that no reduction of masonry is proposed, from the photographs it appears as if some of the masonry will be covered by EIFS. Mr. Killoren stated that EIFS currently exists from the red line up to the roof line, so the center section will simply be raised and the EIFS recovered.
Ms. Boyle also noted that no request for a new sign had been submitted? Mr. Killoren stated that the only modification being made to the sign was the type of letters that would be utilized; the height and square footage will remain the same.
Paul Stock asked the Petitioner for a description of the new EIFS? Mr. Killoren stated that although the peak would not be as tall it would be similar to the EIFS at Cross Keys.
Daniel Call asked the Petitioner if the center section protrudes away from the building? Mr. Killoren stated that it did. Mr. Call stated that staff had chosen not to conditionally approve the renovation because of the increased EIFS area. He then asked the Petitioner how much EIFS was being added to the renovation? Mr. Killoren stated that he did not know the answer.
Mr. Call stated that another reason that staff had not approved the renovations was because the establishment was in a retail area adjacent to another shopping center. He then asked Mr. Lum for the criteria behind this rationale?
Mr. Lum stated that typically when changes are minor enough in nature so as not to conflict with the nature of the originally approved building it is approved conditionally by the Building Commissioner and ratified by Planning and Zoning. However since these renovations would impact the aesthetics of a collection of buildings or be visible from a residential area he had made the decision to bring it before Planning and Zoning.
He stated that there is actually only about 50 square feet of new EIFS, which is practically negligible. However since the Commission has been concerned about the percentage of EIFS on a masonry building it was not conditionally approved.
Dick Weller asked the Petitioner if the tip of the gable would match up to the existing roof line? Mr. Killoren stated that it would be slightly taller.
Phil Lum stated that from the blueprint the gable appears to be 4 foot 7 inches, and terminates at the top of the red brick on the building.
Mr. Weller asked the Petitioner if any landscaping would be added? Mr. Killoren stated that the landscaping would remain unchanged.
Jane Boyle asked if there were any further questions or comments to the Petitioner? Being no further questions or comments, Jane Boyle made a motion to approve minor changes to the recorded development Plan to allow for exterior alterations in an existing B-5 Zoning District for the property located at 537 Howdershell; Dobbs Tire & Auto Centers, per the plans dated 10/14/11, and subject to the regulations of the B-5 Planned Commercial District, and the following additional requirements: unless and except to the extent otherwise specifically provided in Ordinance 5350 or this Ordinance, development shall be effective only in accordance with all Ordinances of the City of Florissant. Construction shall start within 90 days of the issuance of Building Permits for the project and shall be developed in accordance with the approved Final Development Plan within 180 days from the start of construction. Seconded by Paul Stock. On roll call the Commission voted: Stock yes, Boyle yes, Call yes, Weller yes and Baranowski yes. Motion carried.
Item 2 472 Howdershell
PZ011712-2 Mario's Pizza
RECOMMENDED APPROVAL - Ward 3
Request Recommended Approval to
Amend a Special Use Permit, Ordinance
No. 7733 to Allow for Sit-Down Dining
in an existing Carry-Out Restaurant in
a B-3 Zoning District.
The Chair stated Item Number Two on the Agenda,
Mario's Pizza located at 472 Howdershell; request recommended approval to amend a Special Use Permit, Ordinance No. 7733 to allow for sit-down dining in an existing carry-out restaurant in a B-3 Zoning District.
Andre’ Borrelli appeared before the Commission and stated that in order to make this a sit-down restaurant a bathroom will be added to the front of the building.
Jane Boyle stated that she had observed permits on the door of this location and questioned whether the renovations were already in progress? Mr. Lum stated that the permits were issued for interior finishes anticipated during their winter close down period and did not apply to this Petition.
Jane Boyle asked the Petitioner if the seating would accommodate up to 15 occupants? Ms. Borrelli stated that that was correct.
Dick Weller asked the Petitioner if the new restroom would meet ADA requirements? Ms. Borrelli stated that it would.
Jane Boyle asked if there were any further questions or comments to the Petitioner? Being no further questions or comments, Jane Boyle made a motion to recommend approval to amend a Special Use Permit, Ordinance No. 7733, to allow for sit-down dining for an existing carry-out restaurant for the property located at 472 Howdershell; Mario's Pizza, with the following stipulation: that seating be restricted to 15 patrons. Seconded by Daniel Call. On roll call the Commission voted: Stock yes, Boyle yes, Call yes, Weller yes and Baranowski yes. Motion carried.
MISCELLANEOUS BUSINESS
Item 3 Request to Approve Minor
PZ011712-3 Changes to Recorded Development Plan for Huck’s
Convenience Store Located
at 3500 Patterson Road in
an Existing B-5 Zoning District.
The Petitioner does not appear and Paul Stock made a motion to continue this item to the next meeting. Seconded by Daniel Call. All parties concur and the motion carried.
Item 4 Request to Review and Make
PZ011712-4 Recommendations to Clarify and/or
Amend the List of Permitted Used in the Historic Business District.
Phil Lum stated that this item came about as a result of research conducted regarding the renovations being made to the KB Electric facility located at 250 St. Francois.
He stated that KB had informed staff that the solar array being constructed was a pre-engineered frame and requested that they be allowed to enclose the two post structure by building walls so that it could be used as a storage facility for the business. Pursuant to the existing Code KB's attorney concluded that the company was a permitted use;
"Any retail sales operation conducted wholly within a building or enclosed structure, or a service facility providing for the needs of the community or wider areas, including the following: bank, barber shop, beauty shop, photographer, shoe repair, tailor, tourist information center, printing shop, blueprinting, custom made products, dance and craft schools and similar activities".
Mr. Lum stated that KB Electric had moved into this location in 2001, purchased the building, and since that time the City has reaffirmed their business license and occupancy as a permitted use. And while there are a handful of contractors that have been allowed in the Historic District as a permitted use, his research revealed that the verbiage within the Code was unclear with respect to a contractor or a contractor's office. As a result he found himself in kind of a quandary about how to interpret the Code for the next contractor who wants to come into Old Towne.
Mr. Lum stated that another issue arises from the constant reminder by the City Attorney that a legal non-conforming use can be continued forever, but can never be expanded.
Dick Weller asked Mr. Lum if KB's request for a material yard was the basis for this dilemma? Mr. Lum stated that their request triggered the need to conduct further research, which in turn disclosed an ambiguity within the code. He suggested that perhaps contractor should be defined as anything that can be wholly contained within a building. However in commercial zones within the Code a contractor and contractor's office have distinct definitions.
Mr. Lum stated that the Commission is being asked to make recommendations to clarify the Code within the Historic District to allow the City to be on more solid ground going forward.
He then provided the Commission with three options:
(1) Amend the Code to clarify that a contractor is deemed to be a permitted use.
(2) Recommend that a contractor is a Special Use within the Historic District. (Existing businesses will now be rendered as non-conforming and therefore unable to expand.)
(3) Recommend that no clarifications are necessary. (The City then must make its best determination of the Code as it goes forward.)
Jane Boyle asked Mr. Lum if the City Attorney had offered any suggestions? Mr. Lum stated that the one thing he had made clear is that the City has already declared KB Electric to be a permitted use.
Lee Baranowski asked Mr. Lum how these businesses had obtained approval for the Historic District? Mr. Lum stated that prior to 2002 the Landmark Commission enforced the guidelines for the Historic District as law. But in 2002 the City became a Certified Local Government and at that point the City Attorney suggested and City Council approved a decision to give the hundred or so landmark properties an opportunity to opt-in or opt-out of being a local landmark. Approximately half of them opted-out, so there are now only about fifty-five remaining landmarks. The previously established guidelines from the old Landmark Commission remain as guidelines and the Landmark and Historic District Commission now only has jurisdiction over the fifty-five re-designated landmarks.
Mr. Baranowski asked about the status of Ken's Auto Repair, Florissant Radiator and the body shop? Mr. Lum stated that they were operating under Special Uses, some of which go back to the early '70(s). He stated that in the early '90(s) City Council granted a Special Use Permit for almost anything. However they were later warned by the City Attorney that if they were going to continue such a practice there was no need to have zoning regulations.
Jane Boyle asked Mr. Lum if businesses permitted under a Special Use would be considered as a non-conforming use? Mr. Lum stated that they would be. He also noted that there were a couple of properties that are split into two different zoning districts, which he does not think is possible.
For the record, Jane Boyle informed the Commission that she is a co-owner of a building located in the Historic Building District.
Commissioners Call, Boyle and Stock stated that they would not feel comfortable making a recommendation on this issue without legal advice from the City Attorney.
Phil Lum stated that the City Attorney had been the author of three options previously provided.
Dick Weller suggested that a contractor be included within the code and defined as anything that can be wholly contained within a building.
Phil Lum asked Commissioner Weller if he was suggesting that contractor be added to Number 1;
"Any retail sales operation conducted wholly within a building or enclosed structure, or a service facility providing for the needs of the community or wider areas"?
Daniel Call stated that in his opinion a contractor would be a business and should be included within Number 3; "A business or professional office and office buildings." Mr. Lum stated that his belief is that Number 3 defines a contractor's office or storage. Mr. Call stated that a contractor could also be a service, i.e., Number 3 or Number 12. Mr. Lum stated that in his opinion the real problem is the issue of storage.
Paul Stock suggested that the language in Number 3 include that the office building be self-contained.
Jane Boyle suggested that Mr. Lum present the Commission with a draft proposal at the next meeting. Mr. Lum asked if he was being directed to modify Item Number 3? Ms. Boyle stated that it could be either Number 3 or Number 12.
Dick Weller cautioned the Commission on the possibility of Petitioners arguing that they have a right to store materials on a portion of their property.
Paul Stock stated that should that occur Petitioners would then be required to build a structure to contain the materials. He then suggested that the language be contained in both (3) and (12).
Phil Lum stated that he would be meeting with the City Attorney tomorrow and would present the proposal for his review.
Lee Baranowski asked whether the proposal would also apply to the storage of vehicles? Commissioner Boyle stated that her understanding is that the proposal would only address the storage of materials.
Jane Boyle asked if there were any further questions or comments? Being no further questions or comments, Ms. Boyle made a motion to continue this item to the next meeting. Seconded by Dick Weller and all parties concurred. Motion carried.
Item 5 The Use of EIFS
Paul Stock stated that he had been informed by members of City Council that they are entertaining the idea of being more liberal with the use of EIFS within the Masonry Code. If this is the case, Commissioner Stock suggested that the Commission be made aware of how they intend to proceed going forward.
Phil Lum acknowledged that a statement had been made at one of the public hearings that if EIFS is installed correctly the cost per square foot is the same as some brick. He stated that while he believes this to be true, the structures needed to hold the two products are completely different and are not always factored into the cost.
Mr. Lum stated that he had drafted a three-page memo to Council on the history of EIFS, which he will also provide to this Commission. The memo was intended to instruct City inspectors on their right to ask for a special inspection in cases where they observe EIFS going up on a substrate that is not concrete or a concrete block to ensure that it is being installed properly.
Item 6 Lindbergh Firestone
Jane Boyle asked Mr. Lum for the status of the Firestone Store that had been approved to relocate to the old QuikTrip facility on Lindbergh? Mr. Lum stated that after being held up for an extended period of time over a Flood Plain Permit Firestone is finally going to begin construction.
Item 7 Replacement of Diseased Landscaping
Dick Weller informed Mr. Lum of two banks, Citizen’s National and the one at Hanley and Dunn Road, with diseased or dead landscaping that needed to be replaced. He suggested that in the future Petitioners be made aware of species that are more susceptible to insect infestation.
Mr. Lum stated that he had just learned that there was a White Pine blight this year that has also attacked the shrubs within the Lin-Cor Improvement Project. He stated that unless someone complains about unsightly landscaping the City’s only method for review is during a business’ annual review.
Item 8 Future Meetings
The next Planning and Zoning Commission Meeting will be held on Monday, February 6, 2012.
The next City Council Representative for the meeting held on January 23, 2012, will be Daniel Call.
Jane Boyle asked if there were any further questions or comments? Being no further questions or comments, Lee Baranowski made a motion to adjourn the meeting. Seconded by Paul Stock and all parties concur. The meeting is adjourned at 8:15 p.m.
