Planning and Zoning Commission

PLANNING AND ZONING COMMISSION AGENDA FOR REGULAR MEETING December 20th, 2021 PLANNING AND ZONING COMMISSION: Lindsey Devereux, Chair Steve Hollander, Vice-Chair Mayor Dan Borgmeyer Vince Ratchford, City Council Liaison Missy Palitzsch Keith Hazelwood Julie Bartch Jason Hughes Tyson King Scott Feldt Commission Members: The regular meeting of the St. Charles Planning and Zoning Commission will be held on Monday, December 20th, 2021, beginning at 6:30 p.m. on the fourth floor of City Hall Chambers, 200 North Second Street, St. Charles, Missouri. 1. Call to order and the roll. 2. The Pledge of Allegiance. 3. Approve the minutes of the November 22nd, 2021 Planning and Zoning Commission regular meeting. __________________________________________________________________________________________ PUBLIC HEARING: Conditional Use 4. Case No. CU-2021-28. (Larry Walker – Bax Engineering) An application for a Conditional Use Permit from §400.240(C)(1)(a) for the outdoor storage of pipes and beams in the I-1 Light Industrial District located along Harry S Truman Boulevard on Lots 4.1 and 4.2 of Truman Business Center Plat 2. The subject property is located in Ward 8. THIS ITEM WAS TABLED AT THE NOVEMBER 22ND, 2021 PLANNING AND ZONING COMMISSION MEETING AND HAS SINCE BEEN WITHDRAWN BY THE APPLICANT WITH INTENTION TO RESUBMIT FOR A FUTURE AGENDA. SITE PLAN 5. Case No. SP-2021-31. (Larry Walker – Bax Engineering) A site plan application for an outdoor storage facility for pipes and beams located along Harry S Truman Boulevard on Lots 4.1 and 4.2 of Truman Business Center Plat 2 and within the I-1 Light Industrial District. The subject property is located in Ward 8. THIS ITEM WAS TABLED AT THE NOVEMBER 22ND, 2021 PLANNING AND ZONING COMMISSION MEETING AND HAS SINCE BEEN WITHDRAWN BY THE APPLICANT WITH INTENTION TO RESUBMIT FOR A FUTURE AGENDA. PUBLIC HEARING: Conditional Use 6. Case No. CU-2021-29. (Michael Meiners – St. Charles Engineering & Surveying) An application for a Conditional Use Permit from §400.210(C)(1)(g) for in-vehicle sales or service (drive-thru) in C-3 Highway Business District located 2205 First Capitol Drive. The subject property is located in Ward 2. THIS ITEM  WAS TABLED AT THE NOVEMBER 22ND, 2021 PLANNING AND ZONING COMMISSION MEETING AND THE APPLICANT REQUESTS TO TABLE THIS ITEM TO THE JANUARY 24TH, 2022 MEETING. PUBLIC HEARING: Conditional Use 7. Case No. CU-2021-32. (Octavio Ruiz – El Huisache, LLC) An application for a Conditional Use Permit from §400.220(C)(1)(a) for in-vehicle sales or service (drive-thru) and from §400.220(C)(1)(i) for liquor sales associated with a permitted restaurant use in the C-2/WHP General Business District within the Wellhead Protection District located at 3803 Elm Street. The subject property is located in Ward 8. THE APPLICANT REQUESTS TO TABLE THIS ITEM TO THE JANUARY 24TH, 2022 MEETING. PUBLIC HEARING: Rezoning 8. Case No. Z-2021-12. (Donald E. Meyer Revoc Liv Trust & MFT 3, LLC) An application to rezone approximately 1.682 acres of land located south and west of the intersection of Hawks Nest Drive and Lynnbrook Drive, from C-2 General Business District to R-1E Single-Family Residential District. The subject property is located in Ward 4. PUBLIC HEARING: Conditional Use 9. Case No. CU-2021-33. (John Donnelly) An application for a Conditional Use Permit from §400.220(C)(1)(a) for a Guest House within the C-2/FSC/HD General Business District within the Fifth Street Corridor/Hospital District located at 821 S 5th Street. The subject property is located in Ward 2. PUBLIC HEARING: Conditional Use 10. Case No. CU-2021-34. (Holli Kercher – Marios Donuts and Cafe) An application for a Conditional Use Permit from §400.230(C)(1)(a) for liquor sales associated with a permitted restaurant use in the C-3 Highway Business District located at 2786 Muegge Road. The subject property is located in Ward 6. Administrative Item 11. Election of Chair, Vice-Chair, and Secretary for 2022. Adjourn The next regular meeting of the Planning and Zoning Commission is scheduled for January 24th, 2022. The City of St. Charles offers all interested citizens the opportunity to attend public meetings. If you wish to attend this public meeting and require an accommodation due to a disability, please contact the Office of the City Clerk to coordinate an accommodation at least two (2) business days in advance of the scheduled meeting at 636-949-3282 or 636-949-3289 (TTY - for the hearing impaired). The City of St. Charles, Missouri fully complies with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all programs and activities. For more information or to obtain a Title VI Complaint Form, please call the City Clerk’s Office at 636-949-3282 or visit City Hall located at 200 North Second Street, St. Charles, Missouri, 63301. INCLEMENT WEATHER: In case of inclement weather, please call 636-949-3222 after 4:00 p.m. on the day of the meeting to be informed of the status of the meeting. Posted on 12/16/2021 at 4:00 pm by DKL Planning and Zoning Commission Agenda Page 2  PLANNING AND ZONING COMMISSION - MINUTES November 22nd, 2021 City Hall – Council Chambers 200 N Second St., 4th Floor St. Charles, MO 63301 MEMBERS PRESENT: STAFF PRESENT Steve Hollander, Vice-Chair John Boyer, Planning Manager Mayor Dan Borgmeyer Andrew Stanislav, Planner Tyson King Lara Berry, Planner Vince Ratchford, City Council Liaison Darin Lang, Recording Secretary Julie Bartch Zach Tusinger, Director of Community Development Jason Hughes Keith Hazelwood Lindsey Devereux, Chair MEMBERS ABSENT: Missy Palitzsch The regular meeting of the St. Charles Planning and Zoning Commission was held on Monday, November 22nd, 2021 at 6:30 p.m. on the fourth floor of City Hall in the Council Chambers. 1. Call to order and call the roll. The meeting was called to order by chairperson, Lindsey Devereux at 6:30 p.m. Those in attendance are noted above. 2. The Pledge of Allegiance. 3. Approve the minutes of the October 25th, 2021 Planning and Zoning Commission regular meeting. Jason Hughes made a motion to approve the minutes. Julie Bartch seconded the motion. All were in favor. The minutes were approved as submitted. CONSENT AGENDA 4. Case No. SUB-2021-12. (Yosef Howley – CEDC) A preliminary plat application for the subdivision of an approximately 2.06 acre tract of land within the C-2 General Business District known as 1850 Zumbehl Road. The subject property is located in Ward 6. Vince Ratchford made a motion to approve the consent agenda, as submitted. Jason Hughes seconded the motion. All were in favor. The consent agenda was approved. SITE PLAN 5. Case No. SP-2021-33. (George Stock – Stock & Associates) A site plan application for Chicken N Pickle located within the Riverpointe Development on Lots A & B and within the PD-MU Planned Development-Mixed Use District. The subject property is located in Ward 3. The applicant, George Stock, addressed the Commission. Vince Ratchford made a motion to approve the Site Plan, with the following conditions:  1. Record Plat required to be recorded creating Lots A & B prior to Final Occupancy of the proposed project. 2. No Commercial Occupancy will be issued unless minimum parking can be documented for the proposed land use. Mayor Dan seconded the motion. Upon a roll call vote, all were in favor. The Site Plan was approved. PUBLIC HEARING: Conditional Use 6. Case No. CU-2021-30. (Derek Heidorn) An application for a Conditional Use Permit from §400.290(C)(16) to add body piercing to a previously approved tattoo establishment in the FHCD/FPD Frenchtown Historic Commercial District and within the Frenchtown Preservation District located at 911 N 2nd Street. The subject property is located in Ward 1. The public hearing opened without anyone coming forward to address the Commission. Steve Hollander made a motion to close the public hearing. Vince Ratchford seconded the motion. All were in favor, the public hearing was closed. Vince Ratchford made a motion to approve the Conditional Use, with the following conditions: 1. The Conditional Use Permit is for body piercing services for the property located at 911 North 2nd Street, is issued to Derek Heidorn, and is not transferable to another location or owner/operator without the review and approval of a new Conditional Use Permit by the City. 2. Non-compliance with any building codes, property maintenance codes, fire codes or conditions of this approval is grounds for revocation of the conditional use approval. Jason Hughes seconded the motion. Upon a roll call vote, all were in favor. The Conditional Use will be forwarded, with a favorable recommendation, to the City Council at the December 7th, 2021 meeting. PUBLIC HEARING: Conditional Use 7. Case No. CU-2021-31. (Joe Ancmon – Burger Underground) An application for a Conditional Use Permit from §400.270(C)(1) for a liquor sales associated with a permitted restaurant use in the CBD/HDD Central Business District within the Historic Downtown District located at 142 N Main Street. The subject property is located in Ward 1. The public hearing opened without anyone coming forward to speak. Steve Hollander made a motion to close the public hearing. Julie Bartch seconded the motion. All were in favor. The public hearing was closed. Vince Ratchford made a motion to approve the Conditional Use, with the following conditions: 1. This conditional use permit for a liquor sales associated with a restaurant use is issued to the applicant (Joe Ancmon – Burger Underground) only for an approximately 2,100 square feet tenant space located at 142 N. Main Street and is not transferable to another location and/or tenant/business. 2. Approval of this Conditional Use is not approval of a liquor license. A liquor license shall be approved by the City Council prior to any liquor sales. 3. Liquor sales shall not occur independent of the primary business use and shall only be accessory to the operation of the restaurant use. 4. Non-compliance with any building codes, property maintenance codes, fire codes or conditions of this approval is grounds for revocation of the conditional use approval. Julie Bartch seconded the motion. Upon a roll call vote, all were in favor. The Conditional Use application will be forwarded, with a favorable recommendation, to the City Council at the December 7th, 2021 meeting. PUBLIC HEARING: Conditional Use 8. Case No. CU-2021-28. (Larry Walker – Bax Engineering) An application for a Conditional Use Permit from §400.240(C)(1)(a) for the outdoor storage of pipes and beams in the I-1 Light Industrial District located along Harry S Truman Boulevard on Lots 4.1 and 4.2 of Truman Business Center Plat 2. The subject property is located in Ward 8. SITE PLAN 9. Case No. SP-2021-31. (Larry Walker – Bax Engineering) A site plan application for an outdoor storage facility for pipes and beams located along Harry S Truman Boulevard on Lots 4.1 and 4.2 of Truman Business Center Plat 2 and within the I-1 Light Industrial District. The subject property is located in Ward 8. Steve Hollander made a motion to table the item until the December 20th, 2021 meeting as requested by the applicant. Mayor Dan seconded the motion. All were in favor. The agenda item was tabled. PUBLIC HEARING: Conditional Use 10. Case No. CU-2021-29. (Michael Meiners – St. Charles Engineering & Surveying) An application for a Conditional Use Permit from §400.210(C)(1)(g) for in-vehicle sales or service (drive-thru) in C-3 Highway Business District located 2205 First Capitol Drive. The subject property is located in Ward 2. Steve Hollander made a motion to table the item until the December 20th, 2021 meeting as requested by the applicant. Vince Ratchford seconded the motion. All were in favor. The agenda item was tabled. PUBLIC HEARING: Text Amendment 11. Case No. TA-2021-10. (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances, specifically to repeal Section 400.290 FHCD Frenchtown Historic District and replace with a new district FD Frenchtown District to further the goals and objectives of the adopted Frenchtown Great Streets Plan. Steve Hollander abstained from the Text Amendment. The public hearing opened without anyone coming forward to speak. Julie Bartch made a motion to close the public hearing. Vince Ratchford seconded the motion. The public hearing was closed. Julie Bartch made a motion to approve the Text Amendment, with the following condition: 1. Staff should work on options to provide City Council to except the 12 existing single-family detached dwellings in the district so as to not become legal non-conforming uses with the text amendment. Vince Ratchford seconded the motion. Upon a roll call vote, all were in favor with Steve Hollander abstaining. The Text Amendment will be forwarded, with a favorable recommendation, to the City Council at the December 7th, 2021 meeting. PUBLIC HEARING: Text Amendment 12. Case No. TA-2021-11. (City of St. Charles) An application to amend Chapter 400 of the Code of Ordinances, specifically Section 400.390 “FSC/HD” Fifth Street Corridor/Hospital District and the associated Smart Code for this district to make Vehicle Rental/Leasing/Sales as Conditional Use Permit within the T4-NMX Neighborhood Mixed Use district and the T5-CBD Central Business District. The public hearing opened and Greg Kruse addressed the Commission. Steve Hollander made a motion to close the public hearing. Julie Bartch seconded the motion. The public hearing was closed. Vince Ratchford made a motion to approve the Text Amendment. Julie Bartch seconded the motion. Upon a roll call vote, all were in favor aside from Keith Hazelwood who was opposed. Jason Hughes left prior to the vote. The Text Amendment will be forwarded, with a favorable recommendation, to the City Council at the December 7th, 2021 meeting. Adjourn Steve Hollander made a motion to adjourn the meeting. Vince Ratchford seconded the motion. All were in favor. The meeting adjourned at 7:52 p.m. The next scheduled meeting is December 20th, 2021. ________________________________ ___________________________ SECRETARY DATE  AGENDA ITEMS #4 & #5 Memorandum To: Planning and Zoning Commission From: Andrew Stanislav, Planner Date: December 20th, 2021 Subject: Case No. CU-2021-28. (Larry Walker – Bax Engineering) An application for a Conditional Use Permit from §400.240(C)(1)(a) for the outdoor storage of pipes and beams in the I-1 Light Industrial District located along Harry S Truman Boulevard on Lots 4.1 and 4.2 of Truman Business Center Plat 2. The subject property is located in Ward 8. This item was tabled at the November 22nd, 2021 Planning and Zoning Commission meeting. Case No. SP-2021-31. (Larry Walker – Bax Engineering) A site plan application for an outdoor storage facility for pipes and beams located along Harry S Truman Boulevard on Lots 4.1 and 4.2 of Truman Business Center Plat 2 and within the I-1 Light Industrial District. The subject property is located in Ward 8. ____________ The above applications have been withdrawn by the applicant. The applicant has requested additional time to reevaluate their proposal based on comments provided by City Staff, which is not yet ready for review by the Commission. The applicant intends to resubmit new applications for consideration on a future Planning and Zoning Commission agenda once these items are addressed. 200 North Second Street Saint Charles, MO 63301 Ph: 636.949.3222 Fax: 636.949.3557 www.stcharlescitymo.gov  AGENDA ITEMS #6 Memorandum To: Planning and Zoning Commission From: Lara Berry, Planner Date: December 13, 2021 Subject: Case No. CU-2021-29: 2205 First Capitol Drive – Request to Table ______ City staff has recently received a resubmittal from the applicant regarding their applications for a Conditional Use Permit and Site Plan. The resubmittal indicates the Traffic Impact Study would not be available to review by City Staff until December 17, 2021. In order to allow Staff and the Commission Members ample review time. Staff agreed the application should be tabled for an additional month. If tabled, the public hearing will remain open until the January 24th, 2022 meeting. 200 North Second Street Saint Charles, MO 63301 Ph: 636.949.3222 Fax: 636.949.3557 www.stcharlescitymo.gov  AGENDA ITEMS #7 Memorandum To: Planning and Zoning Commission From: Lara Berry, Planner Date: December 16, 2021 Subject: Case No. CU-2021-32: 3803 Elm Street – Request to Table ______ City staff has recently received an email from the applicant regarding their applications for a Conditional Use Permit and Site Plan. This email requested the applications be tabled an additional month to provide more time for a resubmittal for City Consideration at the January 24th, 2022 Planning and Zoning Commission meeting. The applicant is in the process of working with the Engineering Department regarding the drive-thru stacking area. If tabled, the public hearing will remain open until the January 24th, 2022 meeting. 200 North Second Street Saint Charles, MO 63301 Ph: 636.949.3222 Fax: 636.949.3557 www.stcharlescitymo.gov  AGENDA ITEM #8 STAFF REPORT CASE NO. Z-2021-12 HAWKS NEST DR & LYNNBROOK DR DECEMBER 20TH, 2021 BY ANDREW STANISLAV APPLICANT/OWNER: Donald E. Meyer Revoc Liv Trust & MFT 3, LLC 600 Rivers Edge Drive, Apartment 235 St. Charles, Missouri 63303 ADDRESS/LOCATION: Hawks Nest Drive & Lynnbrook Drive Ward 4 ACREAGE: 1.682 acres (more or less) EXISTING ZONING: C-2 General Business District REQUESTED ZONING: R-1E Single-Family Residential District (7,000 sqft min. lot size) SURROUNDING ZONING: Direction Zoning Use North R-3A Multi-Family/Condominiums South PD-R Single Family Residential East PD-R Townhomes West C-2 Hotel/Commercial REQUEST The applicant/property owner is proposing to rezone a 1.682 acre tract of land from C-2 General Business District to R-1E Single Family Residential District for the purpose of marketing the property for sale for future development. At the time of writing this report, the applicant does not have a specific developer or potential buyer for the property. The property owner believes the C- 2 commercial zoning is not feasible at this location as the property has remained vacant/undeveloped for numerous years. There is no plat or conceptual design proposed for the site at this time; this application is solely to rezone the property from C-2 General Business to R- 1E Single-Family Residential District. Should the property be rezoned to R-1E and developed in the future, approval of a Preliminary Plat and Final Plat in compliance with the R-1E District standards and the City’s Subdivision Requirements would require Planning and Zoning Z-2021-12 Page 2 Hawks Nest Dr & Lynnbrook Dr Commission and City Council review. Currently, this lot is vacant and had agricultural uses via past conditional use permits. In June 2020, application Z-2020-07 was considered for this property to rezone from the C-2 General Business District to the R-1E Single-Family Residential District. The applicant was Habitat for Humanity, and a Preliminary Plat was also considered at that time to subdivide the property into eight (8) lots. These applications involved the full 2.224 acre site that is split by Hawks Nest Drive, whereas the current application only involves the larger 1.682 acre portion at the southwest corner or Hawks Nest Drive and Lynnbrook Drive. The Planning and Zoning Commission voted unanimously to forward a recommendation of approval on Z-2020-07 to the City Council. Ultimately, the City Council did not approve the request (vote 4 in favor, 5 opposed) upon considering public comments regarding concerns of the extension of Lynncove Lane, safety, stormwater concerns, and potential decrease in property values. Area Development The subject property is located in an area of mixed uses and zonings with the two (2) predominate land uses of commercial and residential (See Figure 2 on page 5). The commercial uses are generally stand-alone commercial structures (office/retail) and the residential is mixed from multi- family and single-family. Below is an analysis of area residential developments (See Figure 1 on page 3 for map with locations of developments): Lynnbrook Development Lynnbrook subdivision is the closest development to the subject property which is single-family detached units (directly south and has a street stub into the subject property). This development is zoned PD-R Planned Development Residential and has a minimum lot size of 6,000 square feet with lots ranging from that minimum to around 10,000 square feet. Per the record plats, most lots are around 6,000 square feet in size. A total of 182 lots/units (4.78 units per acre) are within this development. Carrollton Manor This development is a planned district development (zoned PD-R) with a combination of single- family detached and attached residential units. This development is southwest of the subject property, west of Lynnbrook. The minimum lot size within the single-family detached area is approximately 5,900 square feet and the minimum lot size in the single-family attached section is approximately 5,400 square feet. The largest lot is approximately 11,000 square feet (single-family detached area). A total of 122 units (4.57 units per acre) are within this development. Parc Forest The Parc Forest development is zoned PD-R and directly east of the subject property. This development is a single-family attached townhome development. Lots sizes are not known as these lots have been subdivided for the building foot prints (similar to a condominium plat). A total of forty-one (41) units (8.78 units per acre) are within this development. Forest Hills Townhouses Forest Hills is a townhome/condominium development zoned R-3A across the street (north) of the subject property. Lot sizes are unknown based upon the condominium/townhome development. Total lots within the development is 192 (10.73 units per acre). Z-2021-12 Page 3 Hawks Nest Dr & Lynnbrook Dr Forest Hills Townhouses Parc Forest SUBJECT TRACT Lynnbrook Carrollton Manor Figure 1: Area Developments. Density – Subject Property and Adjacent Development The maximum density which would be permitted on a 1.682 acre tract under the R-1E zoning district is 10 lots (represents a 5.95 units per acre density). This maximum density does not take into account required right-of-way, stormwater control, area for tree preservation and topography of a site. Generally, staff takes the overall area of the proposed development (1.682 acres) and subtracts 15% to account for some of these requirements. Using this 15% reduction in buildable area, a total of 8 lots could be anticipated (4.76 units per acre density) in the R-1E District. While 8 lots may be possible via the requested rezoning, this still does not take into account the shape of the lot, terrain, and the overall product/house size of a potential builder which further limits complete build out. The density for the area ranges between 4-10 units per acre with the majority being within the 4+ units per acre range. Z-2021-12 Page 4 Hawks Nest Dr & Lynnbrook Dr Table 1: Numbers for a 1.682 acre development (same as subject property). R-1E (7,000 sqft min) Permitted Density (units/acre) 5.95 Lots possible w/o removing 15% 10 Lot possible with 15% removed 8 COMPLIANCE WITH THE COMPREHENSIVE PLAN The St. Charles Comprehensive Plan adopted in 2002 and updated in 2012 recommends that land use decisions be based on a project’s location and compatibility with surrounding development. This revision to the Comprehensive Plan was approved by the City Council, and was written under the direction of residents, elected officials, and City staff. The Comprehensive Plan identifies 15 activity centers in the city, locations characterized by elevated levels of development, density and activity. The activity centers are the most prominent, visible and intensely developed locations in the city, and the activity centers should be surrounded by land uses that gradually decrease in levels of activity, traffic and density. Proposed new development should be judged based upon its distance from the nearest activity center, its compatibility with what surrounds it, and whether the level of development it will generate contributes to a gradual decline in density or acts counter to that goal. This property is not located near an Activity Center which would indicate lower densities (the closest activity centers is #5 (I-70/Zumbehl Rd to the northwest) and #8 (I-70/Hwy 94 to the east). As discussed in the report, the uses surrounding the subject property are a mix of residential and commercial with the adjacent use predominantly residential. This proposal would not introduce a land use not found in the area or be incompatible with existing surrounding land uses as proposed. The Department of Community Development considers the proposal to be in general conformance with the Updated 2012 Comprehensive Plan and consistent with area land uses. STAFF RECOMMENDATION After review of the request against the City’s Zoning Ordinance, Comprehensive Plan and area development patterns, staff believes the requested rezoning is appropriate and is compatible with the land use patterns and zoning of the surrounding area. The Department of Community Development recommends that the rezoning request be forwarded to the City Council with a favorable recommendation. Recommended Motion: Motion to forward a recommendation of approval to the City Council for the request to rezone an approximately 1.682 acre tract of land south and west of the intersection of Hawks Nest Drive and Lynnbrook Drive, from C-2 General Business District to R-1E Single-Family Residential District. Z-2021-12 Page 5 Hawks Nest Dr & Lynnbrook Dr Figure 2: Area Zoning to the Subject Property. Z-2021-12  December 3rd, 2020 MEYER FAMILY TRUST*MEYER DONALD E REVOC LIV TRUST PO BOX 1857 ST CHARLES MO 63302 Dear Property Owner: As the owner of adjoining property or property within 300 feet, you are hereby notified that the City of St. Charles has received an application from Donald E. Meyer Revoc Liv Trust & MFT 3, LLC. The application is Case No. Z-2021-12 to rezone approximately 1.682 acres of land located south and west of the intersection of Hawks Nest Drive and Lynnbrook Drive, from C-2 General Business District to R-1E Single-Family Residential District. The subject property is located in Ward 4. The St. Charles Planning and Zoning Commission will hold a public hearing on this application on Monday, December 20th, 2021 at 6:30 p.m. on the fourth floor of City Hall, 200 North Second Street, St. Charles. You may attend the public hearing and make comments concerning the proposal, or you may forward written comments to the Planning and Zoning Commission through the Department of Community Development, 200 North Second Street, Room 303, St. Charles, MO 63301. Following the public hearing, the Commission is expected to forward a recommendation on this application to the City Council. A public hearing on this application before the City Council is scheduled for Tuesday, January 4th, 2022 at 7:00 p.m. on the fourth floor of City Hall. You will have an opportunity to make comments at that hearing as well. The final decision on this application will be made by the City Council. All information regarding this application is available for public inspection in the office of the Department of Community Development, 200 North Second Street, Room 303, St. Charles, MO 63301. If you have questions regarding this letter or the referenced application, you may contact the Department of Community Development at 636-949-3222. In any communication regarding this matter, please refer to the case number given above. Andrew Stanislav Planner Community Development Department Owner SiteAddres MailingAdd CITYSTATE ZIP MEYER FAMILY TRUST*MEYER DONALD E REVOC LIV TRUST LYNNBROOK DR PO BOX 1857 ST CHARLES MO 63302 HAWKS NEST INC FALCONS WAY 500 N BROADWAY STE 1200 ST LOUIS MO 63102-2124 FOREST HILLS OWNERS ASSOCIATION 350 KING DR 1619 ROSEWALL DR ST CHARLES MO 63303 JPDSTL PROPERTIES LLC 1753 LYNNBROOK DR 1209 SIDNEY ST ST LOUIS MO 63104-4312 GALESKI ANTHONY J II*GALESKI RACHEL L 1749 LYNNBROOK DR 1749 LYNNBROOK DR ST CHARLES MO 63303 JPDSTL PROPERTIES LLC 1745 LYNNBROOK DR 1209 SIDNEY ST ST LOUIS MO 63104-4312 TOWERY JAMES OWEN*TOWERY MARY M 1741 LYNNBROOK DR 1741 LYNNBROOK DR ST CHARLES MO 63303-3663 WECKBACK DAVID 1740 LYNNCOVE LN 1740 LYNNCOVE LN ST CHARLES MO 63303-3639 MEJIA-TROOP ANTHONY*MEJIA-TROOP CARRIE 1744 LYNNCOVE LN 1744 LYNNCOVE LN ST CHARLES MO 63303 LYNNCOVE PROPERTIES LLC 1748 LYNNCOVE LN 5353 N HWY 94 PORTAGE DES SIOUX MO 63373 ESTES ANNE F 1752 LYNNCOVE LN 1752 LYNNCOVE LN ST CHARLES MO 63303 MONTGOMERY JULIE C 1756 LYNNCOVE LN 1756 LYNNCOVE LN ST CHARLES MO 63303 PEARL REX H*ENBODEN R 1757 LYNNBROOK DR 58 HILL DR GLENDALE MO 63022 DAKE ALLISON P 1760 LYNNCOVE LN 1760 LYNNCOVE LN ST CHARLES MO 63303 ZIMMERMAN PEGGY M*ZIMMERMANN JOSHUA A 1759 LYNNCOVE LN 1759 LYNNCOVE LN ST CHARLES MO 63303-3640 MARTIN KYLE C 1755 LYNNCOVE LN 7335 THORN HILL DR OFALLON MO 63368 HENDERSON LOUIS JAMES*WEEKS ELSA OKIRI 1751 LYNNCOVE LN 302 BLUELAKE DR MELBANE NC 27302 BRENNAN DOUGLAS R 1747 LYNNCOVE LN 1747 LYNNCOVE LN ST CHARLES MO 63303-3640 TIPPETT JOSEPH G 1743 LYNNCOVE LN 1743 LYNNCOVE LN ST CHARLES MO 63303 CHANDLER WANDA L 1739 LYNNCOVE LN 1739 LYNNCOVE LN ST CHARLES MO 63303 KRIBBEN CAROLYN 1001 KING DR 1304 57TH ST W BRADENTON FL 34209 MCCADNEY DORRELL C 1002 KING DR 1002 KING DR UNIT B1 ST CHARLES MO 63303-3523 MARTOLA CHARLES J 1003 KING DR 124 13TH ST ST AUGUSTINE FL 32080 WILGUS CATHERINE 1004 KING DR 1004 KING DR ST CHARLES MO 63303 CANIZALES MICHAEL A 1005 KING DR 1005 KING DR ST CHARLES MO 63303 HARE RYAN E 1006 KING DR 1006 KING DR ST CHARLES MO 63303-3514 DEPCZYNSKI CHRISTOPHER 1007 KING DR 1007 KING DR ST CHARLES MO 63303-3514 CONLEY KATHLEEN M 1008 KING DR 1008 KING DR ST CHARLES MO 63303 BURTON GINGER RENEE 1009 KING DR 1009 KING DR ST CHARLES MO 63303 VOLKER RONALD E ARTICLE V TRUST FOR PAUL R VOLKER 1010 KING DR 1344 SCHOAL CREEK DR OFALLON MO 63366 KING MELISSA 1011 KING DR 1011 KING DR ST CHARLES MO 63303-3514 EISERMAN FAM TRUST 1012 KING DR 1205 SANDSTONE TER LAKE ST LOUIS MO 63367-2313 TMRE HOLDINGS LLC 1013 KING DR 131 SUTTERS MILL RD ST PETERS MO 63376 HUGHES RESIDENTIAL PROPERTIES LLC 1014 KING DR 382 PORTSMOUTH DR ST CHARLES MO 63303 RYAN JEFFREY S 1015 KING DR 1015 KING DR ST CHARLES MO 63303 WILES JEREMY 1016 KING DR 1016 KING DR ST CHARLES MO 63303 HANKE SAMUEL K 901 KING DR 901 KING DR ST CHARLES MO 63303 GOEVERT DONALD K JR 902 KING DR 902 KING DR ST CHARLES MO 63303 GENO EMILY 903 KING DR 903 KING DR ST CHARLES MO 63303-3519 ZIEGENFUSS PETER M*ZIEGENFUSS ELISABETH M 904 KING DR 904 KING DR ST CHARLES MO 63303 SANAGALA MAHENDRA REDDY*THATIPARTHI MADHAVI 905 KING DR 1129 TALBRIDGE WAY ST CHARLES MO 63303 MORIARTY JEFFREY A*KRIEGER MORIARTY VICKI C 906 KING DR 2127 BAYONNE DR ST CHARLES MO 63303-6072 ERB CHRISTOPHER D 907 KING DR 907 KING DR ST CHARLES MO 63303-3519 STOOPS RACHEL 908 KING DR 908 KING DR #2D ST CHARLES MO 63303-3519 HOGRAFE BRIGITTE*HOGRAFE RANDY 909 KING DR 5636 CARLTON DR HIGH RIDGE MO 63049 MODERN PROPERTIES LLC 910 KING DR 2333 LAURENWOOD DR CHESTERFIELD MO 63017 CONLEY THELMA L 911 KING DR 911 KING DR ST CHARLES MO 63303 RHINE DANNY E*RHINE LAURA L 912 KING DR 912 KING DR ST CHARLES MO 63303-3519 THOMURE TINA L 913 KING DR 913 KING DR ST CHARLES MO 63303 SUTTON SUSAN E 914 KING DR 914 KING DR ST CHARLES MO 63303-3519 PETERSON DAVID 915 KING DR 915 KING DR #2C ST CHARLES MO 63303 TROTTER KRISTIN 916 KING DR 916 KING DR ST CHARLES MO 63303-3519 FOREST HILLS OWNERS ASSOCIATION KING DR 1619 ROSEWALL DR ST CHARLES MO 63303 FOREST HILLS OWNERS ASSOCIATION KING DR 1619 ROSEWALL DR ST CHARLES MO 63303 FOREST HILLS OWNERS ASSOCIATION KING DR 1619 ROSEWALL DR ST CHARLES MO 63303 HAMMACK POKHUI 801 KING DR 1608 LYNNBROOK DR ST CHARLES MO 63303-3603 CATHCART CHERYLE A 802 KING DR 802 KING DR ST CHARLES MO 63303-3518 CRITTENDEN JANICE M 803 KING DR 803 KING DR ST CHARLES MO 63303-3518 OPENDOOR PROPERTY TRUST I 804 KING DR 410 N SCOTTSDALE RD STE 1600 TEMPE AZ 85281 LINDSEY STACEY 805 KING DR 805 KING DR ST CHARLES MO 63303-3518 BESTE FAM REVOC LIV TRUST 806 KING DR 12 PRAIRIE HAUTE DR ST CHARLES MO 63301-1677 BURMESTER LAUREN 807 KING DR 807 KING DR ST CHARLES MO 63303-3518 MCPEAK SAMUEL E JR*MCPEAK CHRISTI L 808 KING DR 3775 CAMBRIDGE CROSSING DR ST CHARLES MO 63304 CONOVER JACK L 809 KING DR 809 KING DR ST CHARLES MO 63303-3518 DALEEN TIMOTHY B 810 KING DR 810 KING DR ST CHARLES MO 63303 JONES GREGORY R 811 KING DR 811 KING DR ST CHARLES MO 63303-3518 SCHAPPE JAMES 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FOREST TRL ST CHARLES MO 63303-3693 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 LUCAS MARGARET C 1002 PARC FOREST TRL 1002 PARC FOREST TRL ST CHARLES MO 63303-3691 HENLEY JOHN D*HENLEY CARLA J 1004 PARC FOREST TRL 1004 PARC FOREST TRL ST CHARLES MO 63303-3691 KENT JEAN C 1006 PARC FOREST TRL 1006 PARC FOREST TRL ST CHARLES MO 63303 GENTILLE KAREN S 1008 PARC FOREST TRL 1008 PARC FOREST TRL ST CHARLES MO 63303-3691 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 GRABER ANN V 610 PARC FOREST TRL 610 PARC FOREST TRL ST CHARLES MO 63303-3687 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 RICHARDSON JACQUELINE 306 PARC FOREST TRL 306 PARC FOREST TRL ST CHARLES MO 63303-3684 LUMPKINS MARLA 304 PARC FOREST TRL 304 PARC FOREST TRL ST CHARLES MO 63303 FOUST REBECCA*SMITH RYAN P 302 PARC FOREST TRL 302 PARC FOREST TRL UNIT 2C ST PETERS MO 63303-3684 PARC FOREST HOME OWNERS ASSOCIATION PARC FOREST TRLS 1100 PARC FOREST TRL ST CHARLES MO 63303 PETERSON DONNA*SHEARER DEBRA D 512 PARC FOREST TRL 512 PARC FOREST TRL ST CHARLES MO 63303-3686 SANTRY PETER M*LABOMBARD BEVERLY K REVOC LIV TRUST 510 PARC FOREST TRL 510 PARC FOREST TRL ST CHARLES MO 63303-3686 MOELLER ROBERT L*MOELLER GRACE M 508 PARC FOREST TRL 508 PARC FOREST TRL ST CHARLES MO 63303 SHIELDS JACK W*SHIELDS BORGHILD A 506 PARC FOREST TRL 506 PARC FOREST TRL ST CHARLES MO 63303-3686 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 BACON DAVID J 902 PARC FOREST TRL 902 PARC FOREST TRL ST CHARLES MO 63303-3690 HAMELBACK WILFORD D*HAMELBACK MARY ANN LIV TRUST 904 PARC FOREST TRL 904 PARC FOREST TRL ST CHARLES MO 63303 HOPKINS VERONICA L*HOPKINS BILLY J 906 PARC FOREST TRL 906 PARC FOREST TRL ST CHARLES MO 63303-3690 KOWALSKI JOHN III 908 PARC FOREST TRL 908 PARC FOREST TRL ST CHARLES MO 63303 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 DUEBELBEIS THOMAS R*DUEBELBEIS NATALE D 102 PARC FOREST TRL 102 PARC FOREST TRL ST CHARLES MO 63303-3682 KLING JANET A 104 PARC FOREST TRL 104 PARC FOREST TRL ST CHARLES MO 63303-3682 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 PARC FOREST HOMEOWNERS ASSOCIATION PARC FOREST TRL 1100 PARC FOREST TRL ST CHARLES MO 63303-3693 CITY OF ST CHARLES MISSOURI HAWKS NEST DR 200 N 2ND ST ST CHARLES MO 63301 BERNARD-CODY DIANA V RESID TRUST 1 EAGLE COVE LN 1 EAGLE COVE LN ST CHARLES MO 63303 CRAIG ROBERT L*CRAIG M ELAINE REVOC LIV TRUST 3 EAGLE COVE LN 3 EAGLE COVE LN ST CHARLES MO 63303 CARROLLTON MANOR HOMEOWNERS ASSOCIATON EAGLE COVE LN 401 N LINDBERGH BLVD STE 330 ST LOUIS MO 63141-7839 CARROLLTON MANOR HOMEOWNERS ASSOCIATON EAGLE COVE LN 401 N LINDBERGH BLVD STE 330 ST LOUIS MO 63141-7839 DIZZY IRISHMAN PROPERTIES LLC*TRIDENT PROPERTIES LLC* 1786 ZUMBEHL RD 6438 CHIPPEWA ST ST LOUIS MO 63109 2LA PARTNERS LLC 1780 ZUMBEHL RD PO BOX 1159 DEERFIELD IL 60015 MEYER FAMILY TRUST*MEYER DONALD E REVOC LIV TRUST LYNNBROOK DR PO BOX 1857 ST CHARLES MO 63302 DOMINION HOSPITALITY ST CHARLES LLC 1800 ZUMBEHL RD 4220 DUNCAN AVE STE 201 ST LOUIS MO 63110  AGENDA ITEM #9 STAFF REPORT CASE NO. CU-2021-33 GUEST HOUSE 821 S 5TH STREET DECEMBER 20TH, 2021 BY ANDREW STANISLAV APPLICANT: John Donnelly 1980 Graystone Drive St. Charles, Missouri 63303 OWNER: JonDon Properties LLC & Unchained and Raw LLC 1980 Graystone Drive St. Charles, Missouri 63303 ADDRESS/LOCATION: 821 S 5th Street Ward 2 ACREAGE: 7,000 square feet (0.16 acre) EXISTING ZONING: C-2/FSC/HD/EHP General Business District within the Fifth Street Corridor/Hospital District and within the Extended Historic Preservation District PROPOSED USE: Guest House BACKGROUND This Conditional Use Permit request is for a Guest House use at 821 S 5th Street. The request involves an existing 2,332 square foot building located within the C-2 General Business District and within the Fifth Street Corridor/Hospital District overlay in Ward 2. Guest House uses are permitted as a conditional use within the District. The proposed Guest House use would occupy the entirety of the building among two separate units: the main floor unit would consist of approximately 1,700 square feet, and the second floor unit is an existing two-bedroom apartment. Each unit has a separate dedicated entrance. Guest House uses require one parking space for each bedroom, and the subject property has a rear parking area that can accommodate at least five vehicles. No exterior structural alterations have been proposed as part of this application; however, if any exterior modifications are proposed in the future review and approval by the Landmarks Board will be required. Area Development The subject property is bordered in all directions by C-2 General Business District with nearby properties that front Fifth Street also within the Fifth Street/Hospital District overlay. The CU-2021-33 Page 2 821 S 5th Street corridor overlay encourages a mixed-use environment, and the surrounding land uses are varied though mainly commercial in nature along Fifth Street. These uses occupy both repurposed historic structures as well as newer commercial buildings. Properties to the west and east further from the Fifth Street corridor are more residential. Other vacation rental properties can be found near this location as depicted in Figure 1 below; a previously approved Guest House is located just west across the alley at the corner of McDonough Street and S Benton Avenue (CU-2018- 07), and another Guest House is located just across Fifth Street at 418 McDonough Street (CU- 2018-12). Given the property’s accessibility to area commercial development, recurring special event locations, and the historic downtown activity center, Staff believes that this property would be an appropriate location for a Guest House use, and should not have a significant impact on the surrounding area. Figure 1. Approved Guest Houses (green icon) Nearby Subject Property (yellow outline). Consistency with Comprehensive Plan The St. Charles Comprehensive Plan adopted in 2002, and updated in 2012, recommends that land use decisions be based on a project’s location and compatibility with surrounding development. The Comprehensive Plan identifies 15 activity centers in the city, locations characterized by elevated levels of development, density and activity. The activity centers are the most prominent, visible and intensely developed locations in the city. The plan recommends that development should gradually decrease in density as distance from an activity center increases. The activity centers should be surrounded by land uses that gradually decrease in levels of activity, traffic and density. Proposed new uses should be judged based upon its distance from the nearest activity center, its compatibility with what surrounds it, and whether the level of CU-2021-33 Page 3 821 S 5th Street development it will generate contributes to a gradual decline in density or acts counter to that goal. This property is located adjacent to Activity Center #6 (Historic Downtown). The proposed Guest House use at this location is in conformance with the density, intensity, and activity guidelines provided above. Section 400.980 of the City Code outlines standards of review for the conditional use application. The standards are as follows: a) How the proposed conditional use (the use in general) is in harmony with the purposes, goals, objectives, policies and standards of the Comprehensive Plan, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the city. b) Whether the proposed conditional use (in its proposed location) is in harmony with the purposes, goals, objectives, policies and standards of the Comprehensive Plan, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the city. c) Whether the proposed conditional use, in its proposed location and as depicted on the required site plan, results in a substantial or undue adverse impact on the adjacent property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions and policies of the Zoning Ordinance, Comprehensive Plan, or any other plan, program, or ordinance adopted or under consideration pursuant to official notice by the city. d) Whether the proposed conditional use maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property as directed by the Comprehensive Plan. e) Whether the proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property. f) Whether the public benefits of the proposed conditional use outweigh the potential adverse impacts of the proposed conditional use as identified above, after taking into consideration any proposal by the petitioner and any requirements recommended by the petitioner and/or City Staff to ameliorate such impacts. Furthermore, the City Code allows the Planning and Zoning Commission to recommend conditions of approval to protect surrounding properties, as well as to give consideration with respect to location and site plan in the recommendations. STAFF RECOMMENDATION Staff believes this conditional use permit for a Guest House use can operate in conformance with City requirements and is compatible with surrounding land uses. The proposed use should not conflict with existing land uses and is compatible with the current use intensity within the area. Staff recommends approval of the proposed Guest House use subject to the following conditions: CU-2021-33 Page 4 821 S 5th Street 1. This conditional use permit for a Guest House use is issued for the property at 821 S 5th Street only and is not transferable to another structure or location. 2. An annual rental inspection for 821 S 5th Street will be required. The initial rental inspection must occur after the approval of the conditional use permit application by City Council, and prior to the renting of the property. The annual rental inspection must occur prior to the anniversary date of the original City Council approval for the Guest House use. 3. Tenants may occupy the building at 821 S 5th Street for a contract period not to exceed one-hundred eighty (180) days and where no more than one (1) Guest House rental contract is effective at any given time for each unit of the building. 4. Non-compliance with any building codes, property maintenance codes, fire codes or conditions of this approval is grounds for revocation of the conditional use approval. Recommended Motion: Motion to forward the conditional use application to the City Council with a favorable recommendation for a Guest House use at 821 S 5th Street, subject to the conditions recommended by staff. Figure 2: Aerial Photo of Subject Property. CU-2021-33 Page 5 821 S 5th Street Figure 3: View of Subject Property from 5th Street. CU-2021-33  December 3rd, 2021 FEHL DENNIS R*FEHL GALE M 714 S 5TH ST ST CHARLES MO 63301 Dear Property Owner: As the owner of adjoining property or property within 300 feet, you are hereby notified that the City of St. Charles has received an application from John Donnelly. The application is Case No. CU-2021-33 for a Conditional Use Permit from §400.220(C)(1)(a) for a Guest House within the C-2/FSC/HD General Business District within the Fifth Street Corridor/Hospital District located at 821 S 5th Street. The subject property is located in Ward 2. The St. Charles Planning and Zoning Commission will hold a public hearing on this application on Monday, December 20th, 2021 at 6:30 p.m. on the fourth floor of City Hall, 200 North Second Street, St. Charles. You may attend the public hearing and make comments concerning the proposal, or you may forward written comments to the Planning and Zoning Commission through the Department of Community Development, 200 North Second Street, Room 303, St. Charles, MO 63301. Following the public hearing, the Commission is expected to forward a recommendation on this application to the City Council. A public hearing on this application before the City Council is scheduled for Tuesday, January 4th, 2022 at 7:00 p.m. on the fourth floor of City Hall. You will have an opportunity to make comments at that hearing as well. The final decision on this application will be made by the City Council. All information regarding this application is available for public inspection in the office of the Department of Community Development, 200 North Second Street, Room 303, St. Charles, MO 63301. If you have questions regarding this letter or the referenced application, you may contact the Department of Community Development at 636-949- 3222. In any communication regarding this matter, please refer to the case number given above. Andrew Stanislav Planner Community Development Department Owner SiteAddres MailingAdd CITYSTATE ZIP FEHL DENNIS R*FEHL GALE M 716 S 5TH ST 714 S 5TH ST ST CHARLES MO 63301 ADELINES KITCHEN LLC 800 S 5TH ST 116 GLENDALOUGH LN WELDON SPRING MO 63304 WATKINS REBECCA R 427 WATER ST 427 WATER ST ST CHARLES MO 63301 BAZZELL PROPERTIES II LLC 419 WATER ST 8 WOODFORD PL ST CHARLES MO 63301-4565 DODD ROBERT 418 MCDONOUGH ST 130 MCDONOUGH ST ST CHARLES MO 63301 CARTER CAROLYN F 406 MCDONOUGH ST 406 MCDONOUGH ST ST CHARLES MO 63301-3470 SCHWANDER STEPHEN SCOTT*BECHTEL LINDA JOYCE 424 MCDONOUGH ST 424 MCDONOUGH ST ST CHARLES MO 63301-3470 T G L PROPERTIES LLC 428 MCDONOUGH ST 2500 S OLD HWY 94 STE 200 ST CHARLES MO 63303 LUCKY B & R ENTERPRISES LLC 920 S 5TH ST 130 MCDONOUGH ST ST CHARLES MO 63301 REEPMEYER GLENN 429 MCDONOUGH ST 729 ADAMS ST ST CHARLES MO 63301 BETHMANN RHONDA 417 MCDONOUGH ST 417 MCDONOUGH ST ST CHARLES MO 63301-3469 ECLECTIC DESIGN EVENT MANAGEMENT LLC 431 MCDONOUGH ST 715 HARMONY RIDGE DR ST PETERS MO 63376 HALL RYTERSKI PROPERTIES LLC 912 S 5TH ST 912 S 5TH ST ST CHARLES MO 63301 ROCK JOSEPH JR*ROCK JOHANNA GRACIELA 907 S 4TH ST 907 S 4TH ST ST CHARLES MO 63301-2403 BELL SEAN A 415 MCDONOUGH ST 415 MCDONOUGH ST ST CHARLES MO 63301 BURKEMPER FAMILY PARTNERSHIP LP 922 S BENTON AVE 1211 S DUCHESNE DR ST CHARLES MO 63301 BURKEMPER FAMILY PARTNERSHIP LP 921 S 5TH ST 1211 S DUCHESNE DR ST CHARLES MO 63301 1ST CAPITOL MEDICAL BUILDING LLC 917 S 5TH ST 375 JUNGS STATION RD ST CHARLES MO 63301 CAMBRON MATT 527 MCDONOUGH ST 527 MCDONOUGH ST ST CHARLES MO 63301 HARVEY PAUL A*HARVEY TASHA 519 MCDONOUGH ST 519 MCDONOUGH ST ST CHARLES MO 63301 DAUSTER ROBERT E*DAUSTER JEANNE M 523 MCDONOUGH ST 523 MCDONOUGH ST ST CHARLES MO 63301 1ST CAPITOL MEDICAL BUILDING LLC 901 S 5TH ST 901 S 5TH ST ST CHARLES MO 63301 WIEDEMEIER PAUL 822 S BENTON AVE 3570 ARPENT ST ST CHARLES MO 63301 TARKA ALAN F*TARKA JANET P 818 S BENTON AVE 818 S BENTON AVE ST CHARLES MO 63301-2933 ZUMBEHL CATHLEEN 812 S BENTON AVE 1205 SANDSTONE DR ST CHARLES MO 63304 KILLIAN MAURICE M*KILLIAN DEBORAH A 804 S BENTON AVE 804 S BENTON AVE ST CHARLES MO 63301 SARTI WILLIAM*SARTI JENNIFER E 802 S BENTON AVE 802 S BENTON AVE ST CHARLES MO 63301 SCORPLION PROPERTIES LLC 801 S 5TH ST 801 S 5TH ST STE 202 ST CHARLES MO 63301 SCORPLION PROPERTIES LLC 815 S 5TH ST 801 S 5TH ST STE 202 ST CHARLES MO 63301 M L SPECTOR INVESTMENTS LLC 821 S 5TH ST 821 S 5TH ST ST CHARLES MO 63301 ARFT GEORGE R 825 S 5TH ST 825 S 5TH ST ST CHARLES MO 63301 PINNACLE CAPITAL GROUP LLC 721 S 5TH ST 17204 LAFAYETTE TRAILS DR WILDWOOD MO 63005 PORCH DANIEL 715 S 5TH ST 555 LAKESHORE DR FAYETTEVILLE GA 30214 NOEL JESSE L*COLLIER DANIELLE M 726 S BENTON AVE 726 S BENTON AVE ST CHARLES MO 63301 GONGWER TROY*GONGWER MARY S 724 S BENTON AVE 724 S BENTON AVE ST CHARLES MO 63301 ROEPER STEPHEN M*ROEPER DINAH J 720 S BENTON AVE 720 S BENTON AVE ST CHARLES MO 63301 GROSS ASIA E 725 S BENTON AVE 725 S BENTON AVE ST CHARLES MO 63301-2931 MCEWEN JULIA ANN REVOC TRUST 803 S BENTON AVE 803 S BENTON AVE ST CHARLES MO 63301 PANHORST CHET*PANHORST STEVEN 805 S BENTON AVE 613 NORWICH DR ST CHARLES MO 63301 LINSON MARTIN O*LINSON MEGAN A 815 S BENTON AVE 815 S BENTON AVE ST CHARLES MO 63301 OVERMAN VICTORIA SUE 823 S BENTON AVE 3 GLORIA LN ST PETERS MO 63376 VOGT RAYNES BARBARA 819 S BENTON AVE 819 S BENTON AVE ST CHARLES MO 63301-2932 BECKENKAMP JASON R*BECKENKAMP CATHERINE R 903 S BENTON AVE 903 S BENTON AVE ST CHARLES MO 63301 REECE KEVIN M 909 S BENTON AVE 909 S BENTON AVE ST CHARLES MO 63301  AGENDA ITEM #10 STAFF REPORT CONDITIONAL USE NO. CU-2021-34 LIQUOR LICENSE 2786 MUEGGE ROAD DECEMBER 20TH, 2021 BY LARA BERRY APPLICANT: Holli Kercher Mario’s Donuts and Café 2786 Muegge Road St. Charles, MO 63303 OWNER: Muegge Properties LLC 1206 Country Club Drive St. Charles, MO 63303 ADDRESS/LOCATION: 2786 Muegge Road Ward 6 ACREAGE/SIZE: Approximately 2,875 square feet (Tenant Space) CURRENT ZONING: C-3 Highway Business District PROPOSED USE: Liquor sales associated with a permitted use SUMMARY/ANALYSIS This request is for a liquor sales specifically associated with a permitted restaurant use at 2786 Muegge Road. The property is located within the C-3 Highway Business District, just south of the intersection of Mexico Road, Cave Springs Road and Muegge Road. Per Ordinance #21-078, a Conditional Use Permit is required for any permitted use that applies for a liquor license in the C- 2 General Business District or higher zoning district. The business currently located here is a restaurant, which is permitted by right at this location and the applicant would like to provide full bar service to its patrons. The Conditional Use is specific to the liquor sales only and is not applicable to the other uses permitted by right. Mario’s Donuts and Café has operated out of this tenant space and have operated out of the space since at least 2006. This establishment has never applied for a liquor license prior to this point. Therefore a liquor license is considered an expansion of their use, making a Conditional Use Permit a requirement. The restaurant presently opens at 6:00AM (Monday-Sunday. Closing times may vary but the latest the restaurant will be open is 10:00PM (only on Friday and Saturday). Consistency with Comprehensive Plan The St. Charles Comprehensive Plan adopted in 2002, and updated in 2012, recommends that land use decisions be based on a project’s location and compatibility with surrounding development. The Comprehensive Plan identifies 15 activity centers in the city, locations characterized by CU-2021-31 Page 2 142 N. Main Street elevated levels of development, density and activity. The activity centers are the most prominent, visible and intensely developed locations in the city. The plan recommends that development should gradually decrease in density as distance from an activity center increases. The activity centers should be surrounded by land uses that gradually decrease in levels of activity, traffic and density. Proposed new uses should be judged based upon its distance from the nearest activity center, its compatibility with what surrounds it, and whether the level of development it will generate contributes to a gradual decline in density or acts counter to that goal. This property is located nearest to Activity Center #4 (Cave Springs). The proposed liquor license at this location associated with a permitted use can be compatible with its commercial surroundings along the Cave Springs Rd corridor. Consistency with Conditional Use standards Section 400.980 of the City Code outlines standards of review for the conditional use application. The standards are as follows: a) How the proposed conditional use (the use in general) is in harmony with the purposes, goals, objectives, policies and standards of the Comprehensive Plan, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the city. b) Whether the proposed conditional use (in its proposed location) is in harmony with the purposes, goals, objectives, policies and standards of the Comprehensive Plan, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the city. c) Whether the proposed conditional use, in its proposed location and as depicted on the required site plan, results in a substantial or undue adverse impact on the adjacent property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions and policies of the Zoning Ordinance, Comprehensive Plan, or any other plan, program, or ordinance adopted or under consideration pursuant to official notice by the city. d) Whether the proposed conditional use maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property as directed by the Comprehensive Plan. e) Whether the proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property. f) Whether the public benefits of the proposed conditional use outweigh the potential adverse impacts of the proposed conditional use as identified above, after taking into consideration any proposal by the petitioner and any requirements recommended by the petitioner and/or City Staff to ameliorate such impacts. Furthermore, the City Code allows the Planning and Zoning Commission to recommend conditions of approval to protect surrounding properties, as well as to give consideration with respect to location in the recommendations. The proposed use complies with the above standards. CU-2021-31 Page 3 142 N. Main Street STAFF RECOMMENDATION This conditional use can operate in conformance with City requirements, is compatible with surrounding land uses and complies with the Comprehensive Plan of the City of St. Charles. Staff recommends approval of the proposed conditional use for a liquor sales associated with a permitted use subject to the following conditions: 1. This conditional use permit for a liquor sales associated with a restaurant use is issued to the applicant (Holli Kercher – Mario’s Donuts and Cafe) only for an approximately 2,875 square feet tenant space located at 2786 Muegge Road and is not transferable to another location and/or tenant/business. 2. Approval of this Conditional Use is not approval of a liquor license. A liquor license shall be approved by the City Council prior to any liquor sales. 3. Liquor sales shall not occur independent of the primary business use and shall only be accessory to the operation of the restaurant use. 4. Non-compliance with any building codes, property maintenance codes, fire codes or conditions of this approval is grounds for revocation of the conditional use approval. Recommended Motion: Motion to forward the Conditional Use Permit application for Liquor Sales associated with a permitted restaurant use at 2786 Muegge Road to the City Council with a favorable recommendation, subject to the conditions recommended by staff. Figure 1: Aerial Photo of the Subject Site. CU-2021-31 Page 4 142 N. Main Street Figure 2: Current Front Façade CU-2021-34  December 3, 2021 FIRST BAPTIST CHURCH OF ST CHARLES 2701 MUEGGE RD ST CHARLES MO 63303 Dear Property Owner: As the owner of adjoining property or property within 300 feet, you are hereby notified that the City of St. Charles has received an application from Holli Kercher – Mario’s Donuts and Cafe. The application is Case No. CU-2021-34 for a Conditional Use Permit from §400.230(C)(1)(a) for liquor sales associated with a permitted restaurant use in the C-3 Highway Business District located at 2786 Muegge Road. The subject property is located in Ward 6. The St. Charles Planning and Zoning Commission will hold a public hearing on this application on Monday, December 20th, 2021 at 6:30 p.m. on the fourth floor of City Hall, 200 North Second Street, St. Charles. You may attend the public hearing and make comments concerning the proposal, or you may forward written comments to the Planning and Zoning Commission through the Department of Community Development, 200 North Second Street, Room 303, St. Charles, MO 63301. Following the public hearing, the Commission is expected to forward a recommendation on this application to the City Council. A public hearing on this application before the City Council is scheduled for Tuesday, January 4th, 2021 at 7:00 p.m. on the fourth floor of City Hall. You will have an opportunity to make comments at that hearing as well. The final decision on these applications will be made by the City Council. All information regarding this application is available for public inspection in the office of the Department of Community Development, 200 North Second Street, Room 303, St. Charles, MO 63301. If you have questions regarding this letter or the referenced application, you may contact the Department of Community Development at 636-949-3222. In any communication regarding this matter, please refer to the case number given above. Lara Berry Planner Community Development Department Owner SiteAddres MailingAdd CITYSTATE ZIP FIRST BAPTIST CHURCH OF ST CHARLES 2751 MUEGGE RD 2701 MUEGGE RD ST CHARLES MO63303 FIRST BAPTIST CHURCH OF ST CHARLES 2701 MUEGGE RD 2701 MUEGGE RD ST CHARLES MO63303 DAYTON HUDSON CORPORATION 3881 MEXICO RD PO BOX 9456 MINNEAPOLIS MN 55440-9456 TAO CHAD 3883 MEXICO RD 2662 DOOLITTLE AVE ARCADIA CA91006-4954 TAO CHAD OLD MUEGGE RD 2662 DOOLITTLE AVE ARCADIA CA91006-4954 ABJBLM REALTY OF ST CHARLES LLC 2750 MUEGGE RD PO BOX 2160 MICHIGAN CITY IN 46361 MIRAN INVESTMENT CO 3889 MEXICO RD PO BOX 3475 TULSA OK 74101-3475 CAVE SPRINGS SHOPPING CENTER 12 LLC*CAVE SPRINGS SHOPPING CENTER 13B LLC* 3809 MEXICO RD 12411 VENTURA BLVD STUDIO CITY CA91604 HD DEVELOPMENT OF MARYLAND INC 3891 MEXICO RD PO BOX 105842 ATLANTA GA 30348 HD DEVELOPMENT OF MARYLAND INC MUEGGE RD PO BOX 105842 ATLANTA GA 30348 MUEGGE PROPERTIES LLC 2772 MUEGGE RD 1206 COUNTRY CLUB RD ST CHARLES MO63303