City Council - Regular Meetings

Exhibit A City Council February 21, 2023 23-PC-01 Webster Hills UMC Preschool (698 W. Lockwood Ave) An application by Webster Hills UMC for a Conditional Use Permit to allow a Child Day Care Center use in the existing structure located on a 1.0 acre lot at 698 W. Lockwood Avenue in the “A4” Seventy-Five Hundred Square Foot Residence District. Mara M. Perry, AICP, Director of Planning & Development  23-PC-01 Webster Hills UMC Preschool (698 W. Lockwood Ave) Zoning • “A4” Seventy-Five Hundred Square Foot Residence District with a CUP Surrounding Uses • North: “A4” Seventy-Five Hundred Square Foot Residence District • East: “A4” Seventy-Five Hundred Square Foot Residence District • South: “A4” Seventy-Five Hundred Square Foot Residence District • West: Outside of Webster Groves  23-PC-01 Webster Hills UMC Preschool (698 W. Lockwood Ave) Existing Conditions - View looking northeast towards the church View northwest across Berry Rd. View looking east along Lockwood Ct. View looking north on the east edge of the church  23-PC-01 Webster Hills UMC Preschool (698 W. Lockwood Ave) History – • The church applied for a CUP in 1969 to operate a week-day cooperative preschool for up to 60 children between 9:00 am and 11:30 am. That CUP was approved by the City Council via ordinance #6658. • The City Council approved Ordinance #8411 in July of 2004. The number of children was expanded to 80 and the hours of operation were extended to 3:30 pm on Mondays and to 2:00 pm Tuesdays through Fridays.  23-PC-01 Webster Hills UMC Preschool (698 W. Lockwood Ave) Comprehensive Plan Analysis – In 2017, the City incorporated the 2006 DFP maps into a consolidated Comprehensive Plan Map Amendment The 2017 Comprehensive Plan Map Amendment recommended Religious Institutions for the subject property. The proposed request is not to change the zoning of the property but rather to get approval of a conditional use within the existing zoning district. It is Staff’s opinion that this would be in compliance with the existing Comprehensive Plan as no change of zoning is proposed.  23-PC-01 Webster Hills UMC Preschool (698 W. Lockwood Ave) Zoning Analysis: Conditional Use Permit Per Sec. 53.173(c), the Council shall determine whether the child day care use will NOT: 1. Substantially increase traffic hazards or congestion. 2. Substantially increase fire hazards. 3. Adversely affect the character of the neighborhood. 4. Adversely affect the general welfare of the community. 5. Overtax public utilities.  23-PC-01 Webster Hills UMC Preschool (698 W. Lockwood Ave) Zoning Analysis – Use – • The child day care center use has been operating within the existing structure since 1969. Child day care center uses are often found as accessory to religious facilities. They typically operate during the week days when the facility does not hold regular services for their congregations. • The number of children that was approved with the CUP amendment in 2004 is not requested to change.  23-PC-01 Webster Hills UMC Preschool (698 W. Lockwood Ave) Parking Analysis– Table 1. Parking supply • Staff used aerial photography to count Location Number of Parking Spaces the overall number of parking spaces. • The City code requires that child day Spaces at 1333 W. 108 care uses provide parking for the Lockwood Ave. owner/operator plus any employee or Parking lot to the 26 anyone parking for more than two (2) west of the church hours. The applicant has noted that they have 15 employees. This would Total: 134 parking spaces require at a minimum 16 parking spaces for this use. • Current CUP: “Employees, volunteers and visitors staying longer than ten (10) minutes, shall park in the parking lot along W. Lockwood Avenue or on other off-site parking owned or leased by Webster Hills United Methodist Church.”  23-PC-01 Webster Hills UMC Preschool (698 W. Lockwood Ave) Hours of Operation 8am to 5pm, week days Dimensional Regulations No changes are being made to the exterior of the structure. Staff does not recommend placing additional dimensional regulations upon the proposed use. Exhibit B Conrad, Jennifer From: Dave Buck <dave@buckstl.com> Sent: Wednesday, February 22, 2023 4:02 PM To: Laura W. Arnold; Pam Bliss; Alexander, Karen; Richardson, Sarah; Emily Hixson Shepherd; David Franklin; Emerson Smith; Peoples, Marie; Peterson, Eric; njbatty@aol.com; Perry, Mara; Starkey, Jenny; Nakazono, Katie; Conrad, Jennifer; Davis, Scott; Rehg, Todd; Curtis, Dale; Ellis, Brett Cc: Scott Kerr; Valori Sherer; Ron Clipp; Embroider the Occasion; gary schoenberger; Annie T; Warner Properties; jhayesgtr@gmail.com; Kelvin Cunningham; Farrell Carfield; Kathleen Martin; Elyssa Sullivan; Sarah Riss; Sebastian Bellomo; Toni Hunt; Kathy Hart; Bill Newhouse; info@injurylawstl.com; Jeff Smith; Annie T; stevehunkins@yahoo.com; bkmacahoon@charter.net; john ahearnstudio.com; Pmurphystl; j.donaldson@webster-arts.org; Jamie Hasemeier; Paul Barrs; Aamna Anwer; croftrj@sbcglobal.net; Kita Quinn; Ed Johnson; John Simpson; Jason Adams; Jaime Mowers; Kevin Murphy Subject: Dave Buck's "Public Hearing Comments" & "Remarks From the Community & Visitors" at WG City Council Meeting, February 21, 2023bk Caution: This is an External Message ‐ Please be cautious when opening links or attachments PUBLIC HEARING COMMENTS: Webster Hills Preschool I have always struggled with the 5 points assessment when Council considers a Condi onal Use Permit applica on as they laBut ck humanity and any human connec on or factor. My two youngest kids, the twins Annie & Sawyer a ended Emmanuel Episcopal Church, so I called current Director, Rachael Ludwig, about what she knew about Webster Hills Preschool. She had very nice things to say about Directors, Amy Musgraves and Chris ne Klug, and all of their teachers, and that was good enough for me. But this triggered a bigger issue, which is the 67 year‐long existence of the academic achievement gap in our WGSD, that dates back to when desegrega on started in Webster and the closing of Douglass School in 1956. This gap has nega vely impacted thousands of Black students in Webster Groves, making it for me the single greatest racial inequity and injus ce in Webster Groves and is helping to fuel the decline of our Black community. Educa on experts say the gasp begins at the start of kindergarten because kids from low‐ income families cannot afford the preschool tui ons, which is Webster range from $11,000 ‐ $3,000, to a end full day, five days a week. So these kids start kindergarten two years behind their more affluent peers in emo onal, social and academic development and the gap begins and never closes. One of several proven strategies to close the gap is universal preschool. In fact, Illinois Governor, JB Pritzker is now calling for universal preschools by 2027. It would be wonderful and produc ve to gather all of the Webster preschool directors & the WGSD to hold a summit on how Webster can bring universal preschool to our community. 1 Exhibit C EXHIBIT LIST ORDINANCE 9216 Exhibit D 23-PC-02 Zoning Code Text Amendment – Marijuana Facilities Proposed amendments include changes and additions to Sections 53.020, 53.159, and 53.192 of the Zoning Ordinance in order to amend regulations for marijuana facilities in commercial and industrial districts. Mara M. Perry, AICP, Director of Planning & Development  23-PC-02 Zoning Code Text Amendment – Marijuana Facilities Missouri Constitutional Amendment 3 In November 2022, voters in the State of Missouri approved Constitutional Amendment 3 to allow for the expanded cultivation, production, transportation, and administration of marijuana and marijuana-infused products. Provisions allowing local governments to regulate the time, place, and manner of operation of marijuana-related facilities were included within state Constitutional Amendment 3.  23-PC-02 Zoning Code Text Amendment – Marijuana Facilities Missouri Constitutional Amendment 3 XIV Section 2. Marijuana legalization, regulation, and taxation. “Unless allowed by the local government, no new marijuana facility shall be initially sited within one thousand feet of any then-existing elementary or secondary school, child day- care center, or church.…” “…no local government shall prohibit marijuana facilities or entities with a transportation certification either expressly or through the enactment of ordinances or regulations that make their operation unduly burdensome in the jurisdiction…” “However, local governments may enact ordinances or regulations not in conflict with this section, or with regulations enacted pursuant to this section, governing the time, place, and manner of operation of such facilities in the locality. A local government may establish civil penalties for violation of an ordinance or regulations governing the time, place, and manner of operation of a marijuana facility or entity holding a transportation certification that may operate in such locality.” [Emphasis added]  23-PC-02 Zoning Code Text Amendment – Marijuana Facilities Marijuana Facilities- Definitions new and amended Definitions include: • Marijuana • Marijuana Accessories • Marijuana Facility • Marijuana-Infused Products • Marijuana Cultivation Facility, Comprehensive • Marijuana Dispensary Facility, Comprehensive • Marijuana Dispensary Facility, Microbusiness • Marijuana Facility, Microbusiness • Marijuana-Infused Products Manufacturing Facility, Comprehensive • Marijuana Testing Facility • Marijuana Wholesale Facility, Microbusiness  23-PC-02 Zoning Code Text Amendment – Marijuana Facilities Marijuana Facilities- Definitions new and amended Definitions include: • Marijuana • Marijuana Accessories • Marijuana Facility • Marijuana-Infused Products • Marijuana Cultivation Facility, Comprehensive • Marijuana Dispensary Facility, Comprehensive • Marijuana Dispensary Facility, Microbusiness • Marijuana Facility, Microbusiness • Marijuana-Infused Products Manufacturing Facility, Comprehensive • Marijuana Testing Facility • Marijuana Wholesale Facility, Microbusiness  23-PC-02 Zoning Code Text Amendment – Marijuana Facilities Marijuana Facilities- Definitions new and amended Definitions include: • Marijuana • Marijuana Accessories • Marijuana Facility • Marijuana-Infused Products • Marijuana Cultivation Facility, Comprehensive • Marijuana Dispensary Facility, Comprehensive • Marijuana Dispensary Facility, Microbusiness • Marijuana Facility, Microbusiness • Marijuana-Infused Products Manufacturing Facility, Comprehensive • Marijuana Testing Facility • Marijuana Wholesale Facility, Microbusiness  23-PC-02 Zoning Code Text Amendment – Marijuana Facilities Marijuana Facilities- Minimum distance standards: 1,000-ft minimum distance from: • Educational facilities • Places of worship 500-ft minimum distance from: • Child Day Care Centers 150-ft minimum distance from: • Other medical marijuana facilities Option to apply for CUP if closer than these distances  23-PC-02 Zoning Code Text Amendment – Marijuana Facilities Marijuana Facilities- Performance Standards All applicable Performance Standards in the “C” Commercial District and “E” Industrial District shall be enforced, including: • Noise • Odor • Smoke • Emissions Maximum Hours of Operation: • 8:00am to 9:00pm daily  23-PC-02 Zoning Code Text Amendment – Marijuana Facilities Medical Marijuana Facilities- Use Chart “C ” Commercial District • Marijuana Dispensary Facility, Comprehensive • Marijuana Dispensary Facility, Microbusiness • Marijuana Facility, Microbusiness • Marijuana Wholesale Facility, Microbusiness Permitted with regulations “E” Industrial District • Marijuana Cultivation Facility, Comprehensive • Marijuana Dispensary Facility, Comprehensive • Marijuana Dispensary Facility, Microbusiness • Marijuana Facility, Microbusiness • Marijuana Testing Facility • Marijuana-Infused Products Manufacturing Facility • Marijuana Wholesale Facility, Microbusiness Permitted with regulations Exhibit E EXHIBIT LIST ORDINANCE 9217 Exhibit F REMARKS FROM THE COMMUNITY & VISITORS: I tried this a few years ago, but Laura came over to my house not as a Council member, but as a friend. And she talked me out of it! But, tonight will be my last remarks at a Council mee ng. Here’s why. I turn 70 in April and my dad, grandfather and great‐grandfather all died at 80. So I figure that I have 10 years le . But I am most like my mom: she was bi‐polar, I am bi‐polar. She died at 74 of Alzheimer’s and I am certainly a candidate to get it. So I have to seize the day. I have to move now. I can’t afford to wait. The game is afoot! So, given my three focused areas from last mee ng – helping to advance the arts; helping to stop the decline of our Black popula on; helping to stop the deep divisions in our community and bring our community together in peace – I will a part of 10 events in 2023: four in the spring; one in the summer; and five in the fall. I am working with my small but mighty group of allies in a team we call the “Webster Crea ve Community”. Annual events return such as “Webster On Wheels” and “Porchfest”, complemented by all‐new events, such as “FOLLOW YOUR heART!” art show for amateur ar sts and “GOSPELFEST”. So, even if I will no longer be coming to this podium to give remarks, I am TOTALLY OPEN and INVITE you to contact me any me to get‐together one‐on‐one, either at Bread Co, the Garden Café or Starbucks for coffee, or The Boardwalk Café for breakfast! And it’s all on me! My treat! So, you have my name, address, phone number and email address, so just give me a shout and I will happily be there!!!! SO, Marie, Neil, Sarah, Emerson, Pam, Laura, David, Karen, Emily, Ka e and Eric – Thank YOU for everything and I will see you around town! 2