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Meetings and Agendas

MINUTES

PLANNING & ZONING COMMISSION

MARCH 5, 2012


TABLE OF CONTENTS                        PAGE NO.

PLANNING & ZONING COMMISSION

Announcements/Comments                          Page 2

Under New Business

1772 Thunderbird
The Spot Café                                   Page 2-4

14050 New Halls Ferry
Cross Keys Auto                                 Page 4-5

2950 Derhake
After Nites                                     Page 5

MISCELLANEOUS BUSINESS

Request to Review and Make
Recommendations to Clarify
And/or Amend the List of Permitted             
Uses in the HB District                         Page 5-7

Walgreen’s                                      Page 7

The Cycle Shop                             Page 7

Parking Requirements                            Page 7-8

Florissant Baptist Church                       Page 8

Upcoming Meetings                               Page 8

 


PLANNING & ZONING COMMISSION

          The Planning and Zoning Commission for the City of Florissant met at the Florissant City Hall Council Chambers on Monday, March 5, 2012 at 7:00 p.m., with Jane Boyle presiding.
          On roll call the following members were present: Jane Boyle, Jim Hessel, Daniel Call, Steve Olds, 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 Dick Weller and Paul Stock had been excused from tonight’s meeting.

          Commissioner Boyle stated that the next order of business would be approval of the minutes for the February 21, 2012 meeting.  Hearing no amendments Jane Boyle stated that the minutes would be approved as written.

NEW BUSINESS:

Item 1        1772 Thunderbird
PZ030512-1    The Spot Cafe
              RECOMMENDED APPROVAL - Ward 6
              Request Recommended Approval of a
              Special Use Permit to Allow for an
              Internet Cafe in a B-3 Zoning District.
           
          The Chair stated Item Number One on the Agenda, The Spot Cafe, located at 1772 Thunderbird; request recommended approval of a Special Use Permit to allow for an internet cafe in a B-3 Zoning District.
          Darren Burress and Sherrie McKeown appeared before the Commission. 
          Mr. Burress stated that the cafe would basically be a place where people can come and relax.  Features include the free Wi-Fi, video games, televisions, pre-packaged foods and coffee.
          Jane Boyle asked Mr. Lum if there was adequate parking for this facility?  Mr. Lum stated that the Petitioner is suggesting a total occupant load of 15 persons or less and according to the site plan that was presented from the previous bar/restaurant the lot was re-striped and the proper number of parking spaces were added.  Therefore the current configuration provides one additional parking space for the proposed use.   
          Ms. Boyle asked if the floor plan was from this Petitioner or the previous occupant?  Mr. Lum stated that the previous floor plan, along with a hand-drawn sketch of the table and chair layout was provided.  Ms. Boyle asked if the one bathroom was sufficient?  Mr. Lum stated that the Petitioner is aware of the fact that as soon as the sixteenth occupant goes into this space a second bathroom will be required.
          Jim Hessel asked the Petitioner for the hours of operation?  Mr. Burress stated that they would be 5 a.m. to 10 p.m. Sunday through Thursday and midnights on Friday and Saturday.  Mr. Hessel asked if there would be any deliveries?  Mr. Burress stated that there could be deliveries by Landshire or Pepsi, but most of the items would be purchased by staff.
          Mr. Hessel asked Mr. Lum for the City's delivery restrictions?  Mr. Lum stated that his belief is that it is from 6 a.m. until 10 p.m.
          Mr. Hessel asked the Petitioner if there would be a door in between the main area and the rest room?  Mr. Burress stated that it would be an open area.  Mr. Hessel asked if there would be a charge to utilize the equipment?  Mr. Burress stated that there would be. 
          Daniel Call asked the Petitioner how the hot dogs would be cooked?  Mr. Burress stated that they would be on a roller. 
          Lee Baranowski asked the Petitioner where signage would be located?  Mr. Burress stated that they would utilize the existing space located at the top of the building. 
          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 of a Special Use Permit to allow for an internet cafe for the property located at 1772; The Spot Cafe.  Seconded by Jim Hessel.  On roll call the Commission voted:  Boyle yes, Call yes, Hessel yes, Olds yes and Baranowski yes.  Motion carried.   
 
Item 2        14050 New Halls Ferry Road
PZ030512-2    Cross Keys Auto
              RECOMMENDED APPROVAL - Ward 9
              Request Recommended Approval to Amend
              Special Use Permit Ordinance No. 7108
              to Allow for an Addition to the Existing
              Building in a B-3 Zoning District.
 
          The Chair stated Item Number Two on the Agenda, Cross Keys Auto, located at 14050 New Halls Ferry Road; request recommended approval to amend Special Use Permit Ordinance No. 7108 to allow for an addition to existing building in a B-3 Zoning District.
          Joe Dale appeared before the Commission and stated that the existing building is currently 1,414 square feet and this request is for a three-sided 200 square foot addition to expand the sales office.  The existing landscaping area will be modified to accommodate the new brick addition.  Mr. Dale stated that the existing brick has been painted and the intent is to find a brick that matches the paint rather than to paint it.
          Daniel Call asked the Petitioner if the extension would fall completely under the existing overhang?  Mr. Dale stated that it would.  He noted that it also would not encroach upon any limits of the drives and that the roofline would be kept below the overhang so that it would not have to be modified.  Mr. Call asked if any gutters were needed on the extension?  Mr. Dale stated that gutters were included in the plan. 
          Lee Baranowski asked the Petitioner if any additional signage would be installed?  Mr. Dale stated that there would not be. 
          Phil Lum stated that with the previous permit the Petitioner painted a stripe on the lot and all of the parked cars behind that stripe can be cars for sale, so there are only four spaces for customers and staff.  While it is rather unusual, it is the way the Special Use Permit is written.  Mr. Dale acknowledged that while it was unusual, it does work. 
          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 Special Use Permit Ordinance No. 7108 to allow for an addition to the existing building for the property located at 14050 New Halls Ferry; Cross Keys Auto, per the drawings submitted.  Seconded by Daniel Call.  On roll call the Commission voted:  Boyle yes, Call yes, Hessel yes, Olds yes and Baranowski yes.  Motion carried.

Item 3        2950 Derhake
PZ030512-3    After Nites
              CONTINUED - Ward 8
              Request Recommended Approval of a
              Special Use Permit to Allow for a
              Night Club Establishment in a B-3
              Zoning District.

          The Chair stated Item Number Three on the Agenda, After Nites, located at 2950 Derhake; request recommended approval of a Special Use Permit to allow for a night club establishment in a B-3 Zoning District.
          Jane Boyle announced that the Petitioner had requested a continuance.
          Phil Lum stated that per the architect's request this item should be continued to the first Monday of April.
          Jane Boyle asked if there were any further questions or comments?  Being no further questions or comments, Jane Boyle made a motion to continue the Petition to the April 2, 2012 meeting.  Seconded by Jim Hessel.  On roll call the Commission voted:  Boyle yes, Call yes, Hessel yes, Olds yes and Baranowski yes.  Motion carried.
          Phil Lum asked the Commission to keep the existing packet for this Petition.
          Jim Hessel suggested that an email be sent to Commissioners Weller and Stock advising them of this request.

MISCELLANEOUS BUSINESS:

Item 4    Request to Review and Make Recommendations to Clarify and/or Amend the List of Permitted Uses in the HB District. 

          Jane Boyle stated that she has asked Mr. Lum to clarify the following items and provide the Commission with a revised list at the next meeting:

Item Number 1 - Retail Operations conducted wholly within a building or enclosed structure; (may be too broad for this District)
Item Number 9
Item Number 21 - Hotel/motel; (should this be eliminated)
Item Number 36 - Theater, auditorium and auction hall.  (This type of facility does not normally go into a storefront or the kind of building stock in Old Towne)
Wedding Chapel - One currently exists in HB, although it is not delineated on the current list.

          Daniel Call questioned whether a bed or breakfast fell under the definition of a hotel/motel?  Ms. Boyle stated that it was a separate category.         
          Lee Baranowski informed the Commission that there is a nice piece of property by the Knights of Columbus that could possibly be utilized for some of the items in question. 
          Jane Boyle asked if there were any further questions or comments?  Being no further questions or comments, Jane Boyle made a motion to continue this item to the next meeting.  Seconded by Jim Hessel. (No action was taken on this motion.)
          Phil Lum suggested that the Commission give consideration to whether any of the permitted uses should be stricken from the list or added to a list of special uses.
          Lee Baranowski suggested that retailers be considered as Special Uses.  Mr. Lum stated that when he and the City Attorney have difficulty is the fact that there is no definition for retail sales, which is the reason why you make a specific list. 
          Mr. Lum stated that he would provide the Commission with a list of all the current businesses that fall under any retail sales operation.  He reminded them that if they strike any of the permitted uses they then become legal nonconforming uses that cannot be altered or expanded.
          Lee Baranowski noted that convenience stores were not listed.  Ms. Boyle stated that she did not believe that they would be appropriate for this district. 
          Jim Hessel asked Mr. Lum if he had looked at uses for other cities?  Mr. Lum stated that he would do so and present his findings at the next meeting.  He noted that there has also been talk about a Farmer's Market, which is not on the list.  

Item 5    Walgreen's

          Jane Boyle asked Mr. Lum for the status of Walgreen's plans for expansion?  Mr. Lum stated that they had made a major re-submittal of plans for a minor change, which is under plan review.  He stated that the permit would be issued very shortly.

Item 6    The Cycle Shop

          Lee Baranowski stated that on Saturday he noticed two motorcycles and two all-terrain vehicles parked on the sidewalk in front of the Cycle Shop.  Mr. Lum stated that in a case like this you should contact the police department to determine if there are any violations.

Item 7    Parking Requirements

          Phil Lum stated that one thing that will have to be examined at the Chair's discretion, is the appropriate number of parking spaces when the use of the property is changed.  For instance, the Spot Cafe had a very minor change in the building use and a minor change in the demand for parking, but Item 3 will be drastically different than that, as illustrated in Staff's Report. 
          Mr. Lum stated that the report suggests that you should consider a clearly marked parking space for any new use that is proposed.  However the Nonconforming Parking Lot Ordinance does not really explain what should be done with the type of situation that we have with the Spot Cafe, where two additional tables require additional parking. 
          The Ordinance states that if the parking lot was built before 1983 then it is a legal nonconforming lot and it is the Building Commissioner's duty to make the business meet the parking and landscape restrictions as closely as possible.  Mr. Lum stated that while the City has tried to ascertain the right number of parking spaces there are other things in the Ordinance such as landscaping.   So it is almost a choice of how much of each do you have to have, which seems to be negotiable, especially with a Special Use Permit.  Mr. Lum stated that he will be reviewing this issue with the City Attorney.

Item 8    Florissant Baptist Church

          Lee Baranowski asked Mr. Lum what was going on with the Florissant Baptist Church?  Mr. Lum stated that they were leasing to another church and there are two churches on the property.  Mr. Baranowski stated that twice the parking lot has been filled, the lot around the back is filled, and they are parked down Graham Road and across the bridge.  Mr. Lum stated that the first thing that should be done is to contact the Police Department to determine if there is a safety problem.  Mr. Baranowski stated that all of the cars were legally parked it was just that there were so many of them. 
          Jim Hessel questioned whether they had exceeded the occupancy of the building?  Mr. Lum stated that they had examined that with both churches and neither of the two had exceeded the number of parking required, which is one parking space for every four people.

Item 9    Upcoming Meetings

          The next Planning and Zoning Commission Meeting will be held on Monday, March 12, 2012.

          The next City Council Representative for the meeting held on March 12, 2012, will be Paul Stock.
          Jane Boyle stated that Paul Stock would be unavailable and asked Mr. Lum if there was anything on Council's agenda that required the presence of a representative?  Mr. Lum stated that the sign for Dairy Queen would be the only thing on the agenda.  Ms. Boyle noted that no representative would be in attendance.

          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 Daniel Call, All parties concur and the meeting was adjourned at 7:50 p.m.