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MINUTES

PLANNING & ZONING COMMISSION

MARCH 19, 2012

TABLE OF CONTENTS                        PAGE NO.

PLANNING & ZONING COMMISSION

Announcements/Comments                          Page 2

Under New Business

MISCELLANEOUS BUSINESS

Request to Review and Make
Recommendations to Clarify
And/or Amend the List of Permitted             
Uses in the HB District                         Page 2-13

Lindenwood Property                        Page 13-14

Upcoming Meetings                               Page 14

 


PLANNING & ZONING COMMISSION

          The Planning and Zoning Commission for the City of Florissant met at the Florissant City Hall Council Chambers on Monday, March 19, 2012 at 7:00 p.m., with Jane Boyle presiding.
          On roll call the following members were present: Jane Boyle, Paul Stock, Steve Olds, 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 and Daniel Call had been excused from tonight’s meeting.

          Commissioner Boyle stated that the next order of business would be approval of the minutes for the March 5, 2012 meeting.  Hearing no amendments Paul Stock made a motion to accept the minutes as written.  Seconded by Steve Olds, all parties concur and the minutes were approved as written.

MISCELLANEOUS BUSINESS

Item 1    Request to Review and Make Recommendations to Clarify and/or Amend the List of Permitted Uses in the HB District. 

          Phil Lum illustrated the following amended list of permitted uses in the HB Zoning District for the Commission’s review.
          Existing uses within the District are shown in bold.  Businesses that have since closed remain as a permitted use.
          Highlighted items represent existing uses that are not a permitted use in the B-3 District and therefore consideration should be given to placing these items into the Special Use category within the HB District.   

I move to recommend approval to amend permitted uses in the HB Historic Business District to be as follows:

D.   "HB" Historic Business District.
     1.   Use regulations.
          a.   Permitted uses.

          1. Antiques
          2. Apparel and Accessories
          3. Appliance store, repair and service
          4. Bakery
          5. Bank
          6. Barbershop.
          7. Beauty shop.
          8. Bed and breakfast.
          9. Bicycle and Bicycle Repair
          10. Business and professional offices  and office buildings.
          11. Carpet Store   (SPECIAL USE)
          12. Dry Cleaners (Dry CleanING plantS PROHIBITED)
          13. Contractor office (with no storage of equipment or materials).
          14. Coin shop (PERMITTED USE/ADD COLLECTIBLES AS SPECIAL USE)

              (4)  Churches, synagogues or other places                 of worship.

          1. Crafts and craft school. custom-made products (CHANGE SCHOOL TO STUDIO)
          2. Dance school. (CHANGE SCHOOL TO STUDIO)
          3. Dental office/clinic (ELIMINATE)
          4. Electrical Contractor, HVAC Contractor or Plumbing Contractor, conducted wholly within a building or enclosed structure. (SUGGESTIONS TO COMBINE WITH 20 AND 21)
          5. Electrical, HVAC and Plumbing equipment sales and repairs; conducted wholly within a building or enclosed structure.  (Filling stations and other "drive-in"-type facilities are prohibited.  New or used car lots are prohibited within the entire district). (SUGGESTIONS TO COMBINE WITH 19 & 21)
          6. Electrical lighting sales store.

(SUGGESTIONS TO COMBINE WITH 19 & 20)

          1. Floral Shop.
          2. Frame Shop.
          3. Glass Store/shop. (CHANGE TO SHOP)
          4. Grocery Store (ELIMINATE AND ADD RETAIL FOOD SHOP)
          5. Hardware store. (ELIMINATE/NONCONFIRMED)
          6. Hotel and motel. (ELIMINATE)
          7. Jewelry store.
          8. Massage business, provided that the licensing requirements of the city are met. (SPECIAL USE)
          9. Meat or Seafood shop. (FALLS UNDER RETAIL FOOD SHOP AS A SPECIAL USE)
          10. Medical office, clinics and pharmacies. (ADD DENTAL OFFICE & SERVICES)
          11. Mortuary (SPECIAL USE/ADDITION OF CREMATORY SUGGESTED)
          12. Newspaper/ News office  (REMAINS)
          13. Musical instruments, music store and music studio.
          14. Optical/Optician  (ELIMINATE - FALLS UNDER MEDICAL OFFICES)
          15. Ornamental Iron shop (SPECIAL USE)
          16. Painting Contractor  (SPECIAL USE)
          17. Pest control service
          18. Pet Grooming  (SUGGESTED SPECIAL USE/NONCONFIRMED)
          19. Photographer.
          20. Printing shop. blueprinting,
          21. Restaurant or coffee shop (drive-through restaurants or coffee shops are specifically prohibited).
          22. Shoe repair.  (REMAINS)
          23. Sign Company  (SPECIAL USE)
          24. Sporting goods store  (REMAINS)
          25. Tailor.  (ADD ALTERATIONS)
          26. Theater, auditorium and auction hall.  (Drive-in theaters are specifically prohibited.)  (REMAINS)
          27. Tourist information center. (REMAINS)
          28. Parking lots and structures, when serving any of the permitted uses. (REMAINS/NONCONFIRMED)
          29. Parks, playgrounds and community buildings owned and operated by public agencies.
          30. Public or parochial schools and private schools having a similar curriculum.
          31. Residential uses, including:

(a)  Single-family residential structures.
(b)  Multi-family structures.
(c)  Attached single-family dwellings or town houses.
(d)  Mixed residential-commercial developments provided that the commercial uses shall be restricted to the permitted uses in this district; provided that any residential uses shall comply with the standards and requirements established for the like residential use within the "HR", "HD" or "HMD" Districts, unless less restrictive provisions or requirements are otherwise established in this Subsection.  Said standards shall also include the regulations governing the exterior design of the buildings under Section 405.250. (REMAINS)

          1. Temporary structures subject to the terms and conditions as set out in Section 405.235. (REMAINS)
          2. Upholstery (ADD AUTO UPHOLSTERY, MAKE BOTH A SPECIAL USE)
          3. Upon application and approval by the Mayor or City Council, a permit authorizing outdoor sales may be issued for a designated period of time, provided that the outdoor sales being conducted on the property is consistent with the intent and purpose of the Historic District and the Historic District regulations.  (REMAINS/ELIMINATE THE MAYOR)
          4. Wedding Chapel (PERMITTED USE)
          5. Sandy’s Interiors (CLASSIFICATION NEEDED)

          GATEWAY PAINTING COMPANY:  Paul Stock asked Mr. Lum if Gateway Painting Company was still in existence?  Mr. Lum stated that it was listed as the current occupant, although he had not visited every business.  Mr. Stock questioned whether this should be a special because of their potential use of toxic substances?  Mr. Lum stated that consideration should be given to doing so.
          Jane Boyle stated that Gateway utilized this location as an office and suggested that Painting Contractor be included within contractor’s office.
          Paul Stock suggested that it be listed separately as a special use because of the possible use of chemicals.
          Dick Weller asked how paint stores would be classified?  Mr. Lum stated that currently there are no paint stores in HB.
          Steve Olds stated that he was fine with striking the category only if there were no existing businesses. 
          The Commission agreed that painting contractor should remain as a special use. 
          THEATERS:  Mr. Lum questioned whether Theater should be removed?  Jane Boyle stated that it was her belief that it should be.
          Steve Olds questioned whether auditorium should also be removed? 
          Paul Stock stated that it was his belief that there was a school that was also used as an auditorium.
          Commissioners Boyle and Baranowski stated that it their opinion the school was really an office building.
          CARPET STORES:  Ms. Boyle questioned why carpet stores were listed?  Mr. Lum stated it had been listed because there is/was one in HB.
          DRY CLEANING PLANT:  Ms. Boyle suggested that a dry cleaning plant be a special use. 
          Steve Olds suggested that dry cleaning plant be eliminated from HB.  All Commissioners concurred.
          COIN SHOP/COLLECTIBLES:  Jane Boyle asked Mr. Lum why special use or collectibles was in parenthesis?  Mr. Lum stated that since it is his obligation to look at this list and make an interpretation for new business his belief is that consideration should be given as to whether coin shop should be a special use or a broader category called collectibles?     
          The Commission agreed that coin shop should remain as a permitted use.
          Steve Olds suggested that collectibles be considered as a special use.  All Commissioners concurred.
          Jane Boyle asked whether items identified as a Special Use would come before this Commission for review?   Mr. Lum stated that they would. 
          Lee Baranowski asked Mr. Lum if the Commission had the authority to reject a petition?  Mr. Lum stated that new petitions could be refused based on any factors related to health, safety and welfare of the Historic District.  He emphasized that the Commission should know what they want and then be consistent.
          CRAFT & DANCE SCHOOLS:  Jane Boyle asked Mr. Lum for an example of a craft school?  Mr. Lum stated that currently one exists that provides lessons for stamping/stencils.    
          The Commission agreed that craft and dance schools should be changed to craft and dance studio.
     DENTAL OFFICES:  The Commission agreed to eliminate dental offices since it falls under the category of Medical Offices.
     ELECTRICAL:  Lee Baranowski stated that he had noticed a pile of 4X4 posts with electric boxes outside of KB’s building.  Mr. Lum stated that this was an enforcement issue. 
          Commissioners Baranowski and Olds suggested that Item 19 also include Item 20.
          Jane Boyle asked Mr. Lum for the location of electrical sales within HB?  Mr. Lum identified 801C Rue St. Francois, Commercial Lighting Systems.  Ms. Boyle stated that this was just a contractor’s office.  Mr. Lum suggested that Item 19 be removed.  Ms. Boyle suggested that Item 20 be removed.
          Lee Baranowski stated that Click Heating and Cooling would fell under Item 19.  Mr. Lum stated that they would fell under Item 18.
          Paul Stock suggested that Items 18 and 19 be combined. 
          Lee Baranowski stated that there was also another HVAC business within HB.  Ms. Boyle stated that they were also a contractor.  Mr. Baranowski stated that the business also sold equipment. 
          Dick Weller suggested that Items 18, 19 and 20 be combined. 
          Steve Olds stated that if you keep Item 19 there would be no reason to keep Item 20. 
          GLASS STORE/SHOP:  The Commission suggested that store be changed to shop.
          GROCERY STORE:  Steve Olds questioned whether there was a grocery store in HB?  Mr. Lum stated that there was a produce store but no grocery store.  Mr. Olds suggested that grocery store be eliminated.
          Commissioners Baranowski and Stock suggested that grocery store remain.  Mr. Baranowski stated that caution should be given to the operation of convenience stores.  Mr. Lum advised Commissioner Baranowski that a convenience store and grocery store were defined separately in the Zoning Code.
          Jane Boyle stated that her preference would be to eliminate grocery store.
          Phil Lum gave the following definition for a convenience store which is a permitted use in B-3:
“A convenience store is a permitted use in B-3 provided however a convenience store may not be permitted if it includes the issuance of a liquor license for the sale of intoxicating liquors in the original package, not to be consumed on the premises where it is sold.  If the total number of convenience stores with a package liquor license exceeds 1 per 3,000 in population in the city, or if the location of the convenience store with a package liquor license is within a half mile of another convenience store that has a packaged liquor license, (then vehicle service stations or filling station businesses that are authorized to sell alcohol are not considered to be a convenience store.”
          Mr. Lum stated that new liquor stores would be prohibited in HB because of the existence of A & M Market which is located on Graham Road.  He noted  that there was no definition provided for a grocery store, although they may require special characteristics based on size. 
          The Commission agreed to eliminate grocery store and add retail food shop as a special use.
          HARDWARE STORE:  Dick Weller stated that he could see a need for a hardware store for the HB District. 
              Mr. Lum questioned whether hardware store should be eliminated?  Commissioner Boyle stated that in her opinion it should be.
              MASSAGE BUSINESS:  The Commission agreed that this should be a special use.
              MEAT/SEAFOOD SHOP:  The Commission agreed that meat and seafood would fall under retail food shop and should be a special use.
              MEDICAL OFFICES:  The Commission agreed that dental offices would fall under this category. 
              MORTUARY:  Phil Lum advised the Commission that a mortuary in B-3 is a permitted use. 
              Dick Weller suggested that crematory be added to mortuary.
          The Commission agreed that mortuary should be a special use.
          NEWSPAPER/NEWS OFFICE:  The Commission agreed that newspaper should remain.
          MUSICAL INSTRAMENTS:  Dick Weller asked if the existing music store provided lessons?  Mr. Lum stated that they did. 
          Optical/Optician:  The Commission suggested that this fall under the category of medical offices. 
          Lee Baranowski noted that most optical offices also sold merchandise. 
          Commissioners Stock and Olds suggested that services be added to medical offices. 
          The Commission agreed to add services to medical office and eliminate optical.
          ORNAMENTAL IRON:  Steve Olds questioned whether this business could be eliminated from HB?  Mr. Lum stated that if you eliminate this from HB the existing business will be unable to expand or alter their building. 
          Lee Baranowski asked Mr. Lum if the City had received any complaints on the existing business?  Mr. Lum stated that although he does not receive complaints he does get questions about the business’ location.
          The Commission agreed that ornamental iron should be a special use.
          PEST CONTROL SERVICES:  Steve Olds suggested that pest control be a special use. 
          PET GROOMING:  Mr. Lum advised the Commission that this would be a special use.
          PRINTING SHOP:  The Commission agreed to include printing shops with HB.
          SHOE REPAIR:  The Commission agreed that shoe repair should remain in HB.
          SIGN COMPANY:  The Commission agreed that sign companies should fall under a special use.
          SPORTING GOODS STORE:  The Commission agreed that sporting goods should remain in HB.
          TAILOR:  The Commission agreed to add alterations to this category. 
          TOURIST INFORMATION CENTER:  Jane Boyle stated that the Old Towne Partners and Valley of the Flowers has offices in HB, so it should remain.
          PARKING LOTS AND STRUCTURES:  Phil Lum stated that you could not have a paid parking lot unless it serves a permitted use.
          PARKS/PLAYGROUNDS:  Lee Baranowski questioned whether this item was even necessary?  Mr. Lum stated that this meeting was being held in a community building owned and operated by a public agency. 
          PUBLIC/PARHOCHIAL SCHOOL:  Jane Boyle asked Mr. Lum for an explanation of private schools having similar curriculum?  Mr. Lum stated that this issue came up with a daycare center who wanted to call itself a school rather than a daycare center.  He stated that it was refused because they did not have a curriculum identical to public school and therefore based on the city’s definition it was a daycare center. 
          RESIDENTIAL USES:  The Commission agreed that this category should remain in HB.
          TEMPORARY STRUCTURES:  The Commission agreed that this category should remain in HB?
          UPHOLSTRY:  Phil Lum questioned whether auto upholstery should be added? 
          Jane Boyle noted that both types of businesses currently exist within HB.
          Mr. Lum stated that anything pertaining to an auto with B-3 District is a special use. 
          The Commission agreed that both upholstery and auto upholstery should require a special use.
          Jane Boyle asked how a business who sells window treatments and does upholstery should be categorized?  Mr. Baranowski suggested that it be categorized as home improvement. 
          Steve Olds stated that home improvement would also include Home Depot. 
          Phil Lum questioned whether home improvement should be added to hardware store?  Mr. Stock stated that that in his opinion home improvement was too broad. 
          Jane Boyle stated that Sandy’s Interiors was listed as a business and professional office.
          Paul Stock suggested that they be included under the upholstery category and made a special use.
          Steve Olds questioned whether a special use leaves the option open for a business to expand?  Mr. Lum stated that it did, however they would have to appear before this Commission since they will be changing the conditions on their site. 
          Phil Lum suggested that it be classified as custom home interior services.
          Ms. Boyle stated that this is the type of business that should remain in HB and asked Mr. Lum if he could find an appropriate classification and present it at the next meeting.
          UPON APPLICATION/APPROVAL BY THE MAYOR:  Dick Weller stated that he did not like the idea of the Mayor being included.
          Jane Boyle asked Mr. Lum if this was the way the code was currently written?  Mr. Lum stated that it has been changed and in the past two years Council has approved ordinances to address temporary outside sales.  Mr. Lum stated that the Outdoor Tent Sale Permit that he drafted a form for only allows the property owner in commercial or industrial districts to select two agencies/organizations or people to host an outdoor sale.
          Ms. Boyle questioned whether this should even be in the HB District?  Mr. Baranowski pointed out the last sentence which states, “Consistent with the intent and purpose of the Historic District and the Historic District regulations”.
          Mr. Lum stated that that language would then make the application different than the Tent Sale Permit because it does not restrict the number of times per year.
          Steven Olds noted that the language did not include tents, merely outdoor sales.
          Phil Lum noted that the City has not had a problem with this type of request in HB.
          The Commissioner agreed that it should remain within HB and that the Mayor be stricken.
          WEDDING CHAPEL:  The Commission agreed that this category should remain as a permitted use.       
         

          Jane Boyle asked Mr. Lum if he had received her email suggesting that he talk to the Landmark and Historic District Commission?  Mr. Lum stated that he would make the appropriate revisions and present them to the Landmark Commission at their next meeting which is held on the last Monday of the month. 
          Lee Baranowski suggested that Rosemary Davis also be conferred.
          Phil Lum stated that Commissioner Hessel had asked him to look at examples from other cities, and based on that request he has obtained information from Maplewood and Kirkwood, which he would be happy to send to anyone who was interested.  Mr. Lum stated that he would also look at Ferguson.
          Lee Baranowski asked Mr. Lum if these were historic districts?  Mr. Lum stated that Ferguson would be, although Kirkwood was not. 
          Steve Olds informed Mr. Lum that St. Charles had an historic district.  Mr. Lum stated that he would obtain their information and include special uses within each city.
          Jane Boyle asked Mr. Lum if City Council was aware of the review being conducted on the HB District?  Mr. Lum stated that they were and that the City Attorney has, for several years, advised Council that a review of HB was needed.
          Jane Boyle asked if there were any further comments or questions?  Hearing nothing further Ms. Boyle made a motion to continue this item to the next meeting.  Seconded by Paul Stock and all parties concur.  Motion carried.

Item 3    Lindenwood Property

          Dick Weller asked Mr. Lum who owned the Catholic Church/School on Washington?  Mr. Lum stated that the owners of the church that was demolished was Ron and Rick Casey (phonetic), although Lindenwood has since purchased the property with the intent of building a parking lot.  He stated that currently they are establishing a total occupant load for the building which will then be compared to the number of cars.
          Jane Boyle asked if any consideration had been given to obtaining a Cross-Access Parking Agreement with the business across the street that they now utilize?  Mr. Lum stated that he did not know. 

Item 4    Upcoming Meetings

          The next Planning and Zoning Commission Meeting will be held on Monday, April 5, 2012.

          Jane Boyle asked if there were any further questions or comments?  Being no further questions or comments, Jane Boyle made a motion to adjourn the meeting.  Seconded by Paul Stock, all parties concur and the meeting was adjourned at 8:55 p.m.