Bill No. Ordinance No. 4607 Requested by: Michael Hurlbert ...

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Bill No. Ordinance No.

Requested by: Michael Hurlbert

Sponsored by: Terry Hollander

AN ORDINANCE GRANTING CONDITIONAL USE

PERMIT CUP18-05 FOR AUTOMOBILE SALES TO

MUTUAL ASSURANCE COMPANY

PARTNERSHIP, LLP, PROPERTY OWNER(S), AND

PENUEL RAJ CLEMENT, APPLICANT

WHEREAS, the St. Charles County Charter, Article II, Section 2.529

grants to the County Council legislative power

pertaining to planning and zoning in the part of the

County outside incorporated cities, towns and villages;

and

WHEREAS, property owner filed conditional use permit application

No. CUP18-05 for the purpose of automobile sales; and

WHEREAS, the subject property, known as 3707 Veterans Memorial

Parkway, is located on the southeast corner of Veterans

Memorial Parkway and Arco Drive, and consists of

3.453 acres; and

WHEREAS, the property is zoned C2, General Commercial District;

and

WHEREAS, “automobile sales” is a conditional use within the

C2, General Commercial District; and

WHEREAS, having conducted a public hearing, the Planning and

Zoning Commission of the County of St. Charles,

Missouri considered this application and by a vote

4607

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of 9 ayes to 0 nays recommended that the County

Council approve this application.

WHEREAS, A simple majority of the County Council is required for

passage of this bill pursuant to Section 405.510.A,

Ordinances of St. Charles County, Missouri

(“OSCCMo”);

WHEREAS, consideration and decision on application CUP18-05 is

governed by the Administrative Review Procedures set

forth in Section 405.511 OSCCMo., and

WHEREAS, all requirements of Section 405.511 OSCCMo, having

been complied with, the County Council shall render

written Findings of Facts and Conclusions of Law

based upon receipt of a timely Stipulation Agreement,

or upon conclusion of the administrative hearing, as the

case may be, specifically set forth in the Findings of

Facts and Conclusions of Law.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY

COUNCIL OF ST. CHARLES COUNTY, MISSOURI, AS FOLLOWS:

Section 1. A conditional use permit for the purpose of automobile

sales for the property known as 3707 Veterans

Memorial Parkway and located on the southeast corner

of Veterans Memorial Parkway and Arco Drive, and

further described on the attached EXHIBIT A; is

hereby granted to Mutual Assurance Company

Partnership, LLP, property owner(s), and Penuel Raj

Clement, applicant.

Section 2. The Council hereby receives the following documents

into the record: the St. Charles County Master Plan

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Year 2025; the Unified Development Ordinance of St.

Charles County, Missouri; the audio/video recording of

the public hearing before the Planning and Zoning

Commission; and the documents attached hereto as

EXHIBIT B.

Section 3. The record in this matter shall be supplemented with

the video recording of the portion of the County

Council’s agenda item Conditional Use Permit - Bills

for Introduction regarding application CUP18-05, the

documents admitted into evidence at, and the video

recording of, the administrative hearing conducted

pursuant to the administrative review process set forth

on Section 405.511, or the Stipulation Agreement

entered into by the parties, as the case may be, and the

record shall be closed by the Council and the closed

record shall constitute the final and only record upon

which the Council decision is based.

Section 4. The conditional use permit is approved based on the

following conditions:

1. No work on the site including paving, additional

gravel or parking of vehicles shall be permitted

until a site plan is approved by the St. Charles

County Community Development Department

and all proper permits are received; and

2. Approval of a site plan shall be contingent upon

substantial compliance with the conditional

use permit concept plan attached as part of

EXHIBIT B; and

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3. Customer/employee parking must be provided and

signed for the public to visit the site in compliance

with the Unified Development Ordinance parking

regulations. No vehicle inventory will be

permitted in those parking spaces; and

4. Lighting shall not obstruct or interfere with travel

along Veterans Memorial Parkway, or cast upon

any residential properties; and

5. Vehicles displayed for sale shall be parked in a

manner that each vehicle is independently

maneuverable; and

6. Sign permits will be required for any and all

signage erected on the subject site; and

7. No conditional use shall be in active use until

such time all conditions of approval have been

met.

Section 5. The Planning and Zoning Division Director is hereby

authorized to acknowledge the approval and conditions

of the conditional use permit on Application CUP18-05.

Section 6. In any case where a conditional use is not in place and

in active use within two years from the date of granting,

and/or in accordance with the terms of the conditional

use originally granted or subsequently amended, then,

without further action by the Planning and Zoning

Commission and/or the County Council, the conditional

use, or authorization thereof, shall be null and void.

Section 7. The Council shall render written Findings of Facts and

Conclusions of Law based upon the record following

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either the conclusion of the formal hearing, or upon

receipt of the Stipulation Agreement between the

Department of Community Development and the

applicant, pursuant to Section 405.511 OSCCMo, as

specifically set forth in the Findings of Facts and

Conclusions of Law. Findings of Facts and Conclusions

of Law are attached as EXHIBIT C.

Section 8. If the requested Application CUP18-05 is not approved,

the denial decision will be documented in the written

Findings of Facts and Conclusions of Law, attached as

EXHIBIT C.

Section 9. This ordinance shall be in full force and effect from and

after the date of its passage and approval by the

Governing Body.

DATE PASSED

DATE APPROVED BY COUNTY EXECUTIVE

CHAIR OF THE COUNCIL

COUNTY EXECUTIVE

ATTEST:

COUNTY REGISTRAR

Comm Dev.CUP18-05.Clement.Mutual Assurance Co.3707 Veterans Memorial Pkwy.6-18.E

EXHIBIT A APPLICATION CUP18-05

CONDITIONAL USE PERMIT

CHAIRMAN P. ROGER ELLIS SECRETARY THOMAS KUHN

ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION

APPLICATION NUMBER: CUP18-05

THE PROPERTY IS PRESENTLY ZONED: C2, GENERAL COMMERCIAL DISTRICT

IT IS REQUESTED THAT A CONDITIONAL USE BE GRANTED FOR:

AUTOMOBILE SALES

OWNER OR OWNERS OF PROPERTY: MUTUAL ASSURANCE COMPANY PARTNERSHIP, LLP

LOCATION OF PROPERTY: THE PROPERTY IS KNOWN AS 3707 VETERANS MEMORIAL

PARKWAY, AND IS LOCATED ON THE SOUTHEAST CORNER

OF VETERANS MEMORIAL PARKWAY AND ARCO DRIVE.

THE PROPERTY CONSISTS OF 3.453 ACRES, AND IS LOCATED IN COUNCIL DISTRICT 5.

LEGAL DESCRIPTION OF THE SUBJECT PROPERTY:

A TRACT OF LAND BEING PART OF U.S. SURVEY 979 AND PART OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 34, TOWNSHIP 47 NORTH, RANGE 4 EAST, ST. CHARLES COUNTY, MISSOURI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF ADJUSTED LOT 2 OF ''RESUBDIVISION OF LOTS 2, 3 AND 4 OF ARCO BUSINESS PARK'', A SUBDIVISION ACCORDING TO THE INSTRUMENT RECORDED IN PLAT BOOK 45 PAGE 334 OF THE ST. CHARLES COUNTY RECORDS WITH THE NORTH LINE OF ''OXFORD CROSSING'', A SUBDIVISION ACCORDING TO THE INSTRUMENT RECORDED IN PLAT BOOK 30 PAGES 369-371 OF SAID RECORDS; THENCE NORTHWARDLY ALONG SAID EAST LINE OF ADJUSTED LOT 2 OF ''RESUBDIVISION OF LOTS 2, 3 AND 4 OF ARCO BUSINESS PARK'' AND ALONG THE EAST RIGHT OF WAY LINE OF ARCO DRIVE (50 FEET WIDE), NORTH 03 DEGREES 31 MINUTES 13 SECONDS EAST 1031.97 FEET TO THE ACTUAL POINT OF BEGINNING OF THE DESCRIPTION HEREIN; THENCE CONTINUING ALONG SAID EAST RIGHT OF WAY LINE OF ARCO DRIVE (50 FEET WIDE), NORTH 03 DEGREES 31 MINUTES 13 SECONDS EAST 689.52 FEET TO THE SOUTH RIGHT OF WAY LINE OF MISSOURI INTERSTATE HIGHWAY 70, SAID POINT BEING 140.00 FEET PERPENDICULARLY DISTANT SOUTH OF MISSOURI INTERSTATE HIGHWAY 70 CENTERLINE STATION 1174+47.43; THENCE EASTWARDLY ALONG SAID SOUTH RIGHT OF WAY LINE OF MISSOURI INTERSTATE HIGHWAY 70, SOUTH 76 DEGREES 28 MINUTES 29 SECONDS EAST 228.62 FEET TO A POINT BEING 140.00 FEET PERPENDICULARLY DISTANT SOUTH OF MISSOURI INTERSTATE HIGHWAY 70 CENTERLINE STATION 1176+76.05; THENCE SOUTHWARDLY ALONG SAID SOUTH RIGHT OF WAY LINE OF MISSOURI INTERSTATE HIGHWAY 70, ALONG THE WEST LINE OF ''TWIEHAUS PLACE'', A SUBDIVISION ACCORDING TO THE INSTRUMENT RECORDED IN PLAT BOOK 5 PAGE 82 OF SAID RECORDS, ALONG THE WEST LINE OF ''FLOANN SUBDIVISION'', A SUBDIVISION ACCORDING TO THE INSTRUMENT RECORDED IN PLAT BOOK 5 PAGE 83 OF SAID RECORDS, AND ALONG THE WEST LINE OF PROPERTY CONVEYED TO MUTUAL ASS CE COMPANY PARTNERSHIP TRUST ACCORDING TO THE INSTRUMENT RECORDED IN DEED BOOK 2233 PAGE 1578 OF SAID RECORDS, SOUTH 03 DEGREES 31 MINUTES 28 SECONDS WEST 646.69 FEET TO A POINT; THENCE LEAVING SAID WEST LINE OF THE MUTUAL ASSURANCE COMPANY PARTNERSHIP TRUST PROPERTY, NORTH 87 DEGREES 16 MINUTES 19 SECONDS WEST 225.11 FEET TO THE POINT OF BEGINNING, ACCORDING TO A SURVEY BY BAX ENGINEERING COMPANY DURING APRIL, 2017.

EXHIBIT BCONDITIONAL USE PERMIT

Application CUP18-05CONDITIONAL USE PERMIT REQUEST - 3707 VETERANS MEMORIAL PKWY.

Application: CUP18-05

Applicant: Penuel Raj Clement

Property Owner: Mutual Assurance Company Partnership, LLP

Use Requested: Automobile salesZoning: C2, General Commercial District

Area: 3.453 acres

Location: On the southeast corner of Veterans MemorialParkway and Arco Drive; adjoining St. Charles

Council District: 5

Account No.: 147693A000

CONTENTS:

Synopsis

Staff Recommendation

Site Photo(s)

Aerial Photo

Surrounding Zoning Map

Preliminary Concept Plan

Letters Received:

• Opposition - Michael Korlin

• Concerns - LAB 2000 LLLP

Planning and Zoning Commission minutes from May 16, 2018 meeting

Page 1 of 1

Planning and Zoning Division

201 North Second St. - Room 410

St. Charles, MO 63301

P 636-949-7335 I 1-800-822-4012

F 636-949-1815 I [email protected]

May 25, 2018

This communication summarizes the following application and bill to be introduced at the June 11, 2018 County Council meeting:

CONDITIONAL USE PERMIT REQUEST - 3707 VETERANS MEMORIAL PKWY.




Use Requested: Automobile sales Zoning: C2, General Commercial District

Area: 3.453 acres

Location: On the southeast corner of Veterans Memorial Parkway and Arco Drive; adjoining St. Charles

Council District: 5


Approval of this bill would grant a conditional use permit (CUP) for automobile sales on the front third of the

property formerly used by Broph’s Mobile Homes, which was discontinued in 2015.

In March 2016, the applicant received a Conditional Use Permit (CUP15-011) for automobile sales on this property,

but that approval expired in March 2018. Unlike in the expired CUP, current plans include redevelopment of the site

with new construction of an automotive office and showroom (6,400 square feet) and a new parking lot. The

applicant intends on displaying up to 86 vehicles for sale.

Use of the rear two-thirds of the parcel for recreational vehicle storage is a separate use with a separate operator

and would not be subject to this conditional use permit.

The Planning and Zoning Commission held a public hearing on this application at its April 18, 2018 meeting and received the following public input:

Speakers: 1 Support 0 Opposed 2 Concerns

Letters on file: 0 Support 1 Opposed 1 Concerns

Having conducted the public hearing, the Planning & Zoning Commission voted as follows:

9 Approval 0 Denial 0 Abstentions

Recommendation:

Following the public hearing, the Planning & Zoning Commission recommended approval of this CUP with

conditions. The Planning and Zoning Division concurs with this recommendation.

Sincerely,

Robert Myers, AICP Director of Planning & Zoning

cc: Steve Ehlmann, County Executive Joann Leykam, Director of Administration Keith Hazelwood, County Counselor

STAFF RECOMMENDATION

To: County Planning and Zoning Commission Prepared by: Mark Price Jr, AICP, CFM

Application No.: CUP18-05 Date: May 9, 2018

GENERAL INFORMATION Owner: Mutual Assurance Company Partnership, LLP Applicant: Penuel Raj Clement Requested Action: Conditional Use Permit for Automobile sales. Existing Zoning: C2, General Commercial. Location: 3707 Veterans Memorial Parkway, On the Southeast corner of

Veterans Memorial Parkway and Arco Drive, adjoining the City of St. Charles.

Size: 3.453 acres. Current Land Use: Vacant. Adjacent Land Use and Zoning:

Direction Zoning Land Use

North City of St. Charles/C2, General Commercial

Automotive Sales, Office

South City of St. Charles Single Family Residential

East C2, General Commercial/R1E, Single Family Residential

Single Family Residential, Automotive Sales, RV Storage

West City of St. Charles Commercial

Zoning History: This property was originally zoned R-1, Single Family Residential in

1959. In 1976, the owner of the property requested it be rezoned to C-2 General Commercial to allow for expansion of hotel operations and for trailer sales (RZ-705). In March of 2016, the current applicant was approved for a Conditional Use Permit (CUP15-011) for automobile sales which expired on March 5, 2018.

SPECIAL INFORMATION

Public Services: County Council District 5 School District – St. Charles Fire District – Central County Fire and Rescue

Utilities: Water – Missouri American Water

Sewer – City of Saint Charles

PETITIONER’S REQUEST The petitioner is requesting a Conditional Use Permit to allow for the sale of automobiles. The applicant states he will be constructing a structure of approximately 6,400 square feet to allow for garage bays and a sales area with offices. The applicant states he intends on having approximately 86 vehicles for sale on the site. His business will be open from 9 am to 8 pm on Monday, Wednesday and Friday and open from 9 am to 7pm on Tuesday and Thursday and will be open from 9 am to 6 pm on Saturday. The business will be closed on Sunday. The applicant has stated he intends on using the existing, non-conforming, pole sign that is on site to advertise the business. Background For many years, this property was used as a manufactured home sales lot (Bropfs) which was discontinued in 2015. The applicant has obtained permission from the property owner to construct an automotive sales facility to be located at the front of the property. In March of 2016, the applicant applied for and received a Conditional Use Permit (CUP15-011) to operate this type of business in this location. That permit expired in March of 2018. As a result, the applicant is re-applying for the Conditional Use Permit for automobile sales. Automobile repair is allowed by right in the C2 zoning district. ANALYSIS The applicant has applied for a Conditional Use Permit for automotive sales. The surrounding areas are primarily commercial in nature with automotive sales to the east and west. This land use is consistent with the Comprehensive Plan and would improve the existing lot. The applicant does intend on using the existing freestanding sign. Staff notes any sign revision work done will require permits to ensure all work done is in compliance with the Unified Development Ordinance. Staff also notes the property does abut a residential area on the eastern side of the property. There is a significant grade difference separating the homes from the commercial lot. The grade difference would generally place any lighting or headlights above the homes to the east. The area shown for customer and employee parking will be facing south or be protected from the residences by the proposed building. The proposed service garages face south. The previous property owner did have on the property a garage the manufactured homes were brought inside of to complete repairs on the homes. This proposed automotive service function is similar to the manufactured home service in noise level and would be located further from the residential properties than the previous manufactured home service garage. As part of the site plan approval process, the property will be required, per the Unified Development Ordinance, to install a type 1 or 2 buffer along the eastern property line to protect the residential land uses that abut the property. Currently, the concept plan shows the parking area extending into the required front yard. As the Unified Development Ordinance does not allow for that, the design will have to be modified during the site plan review process to remove the parking from the required front yard area. Conditional Use permits are evaluated based on criteria established within the Unified Development Ordinance. The CUP criteria are as follows:

“Before authorizing the issuance of a conditional use permit, the County Council may impose such conditions as will, in the County Council's judgment, ensure that the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger public health, safety, or general welfare; that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or to the esthetic and/or scenic values of the vicinity, nor substantially diminish and impair property values within the neighborhood; and that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for

uses permitted in the district. Substantial compliance with an approved concept plan shall be a condition of an approved conditional use permit.”

Staff has reviewed this criterion relative to the subject site and finds the proposed automobile sales facility will not be detrimental to the neighborhood in that the proposed use is similar in nature to the previous use. The property will be improved to comply with the current standards for development. Staff finds that the operation of a used auto sales lot as defined and conditioned at this location will not be injurious to the use and enjoyment of the residents in the surrounding area given the close proximity to Interstate 70 and the existing used auto sales lots in the area. The noise, light, and vibrations should not greatly increase Staff notes vehicle sales is an equally intense use as mobile home sales and repair and is consistent with automobile sales on adjacent parcels. RECOMMENDATION Based on the preceding considerations, staff recommends approval of the application as conforming to the criteria of Section 405.510.B of the County Code, subject to the following conditions:

1. No work on the site including paving, additional gravel or parking of vehicles shall be permitted until a site plan is approved by the St. Charles County Community Development Department and all proper permits are received.

2. Customer/Employee parking must be provided and signed for the public to visit the site in compliance with the Unified Development Ordinance parking regulations. No vehicle inventory will be permitted in those parking spaces.

3. Lighting shall not obstruct or interfere with travel along Veterans Memorial Parkway, or cast upon any residential properties.

4. Vehicles displayed for sale shall be parked in a manner that each vehicle is independently maneuverable.

5. Sign permits will be required for any and all signage erected on the subject site. 6. No conditional use shall be in active use until such time all conditions of approval

have been met.

Subject Site Looking Northeast from Arco Drive

Subject site looking south from northern edge of the property near Veterans Memorial Parkway

Grade change between the subject area and the homes adjacent on the east.

CUP 18-05 –3707 Veterans Memorial Parkway

Subject Properties

CUP 18-05 –3707 Veterans Memorial Parkway

From: Michael KorlinTo: CTYPNZSubject: CUP Permit Application CUP18-05Date: Monday, May 14, 2018 8:08:20 AM

To Whom It May Concern:

My family and I reside at 3714 Banbury Dr. The news of this application did not meet favorable responsewith myself, our family or our extended family. While we understand the intention of the property owner toexpand their business, this has no benefit to us. It actually creates many negatives for our family. As is, toour knowledge, the lot in question is used as a storage lot for trailers and mobile homes. The portion ofthe property closest to our home houses chickens and (audibly) a goat. The noise and smell of theseanimals already detracts from the overall quality presentation of our property. Additionally, the noisesfrom the animals can be a disturbance early morning and late at night.

The idea of a car lot going in behind our home brings up several concerns. With a car lot there will beincreased noise, bright lights, and increased public traffic behind our home. Our primary concern is thesafety of our small children. We have two children under the age of 5 that frequently play in the backyard.The idea of an increased flow of traffic (people not known to the area or the neighborhood) only beingseparated by a fence from our children is alarming in the world we live in. Additionally, we have bedroomsthat have windows facing out towards the back of our property. It is not agreeable to have to "live with"bright lights and increased automotive noises coming through our windows. Thirdly, this will affect theoverall value of our property. Not only would you or I not want to live in a home that backs up to a car lot,but the value of the home will drastically decrease. And it will create a less than ideal situation trying toresell this home in future years to a prospective buyer with a used car lot backing up to the property.

We appreciate the awareness given to this application and the ability to offer feedback prior to a decisionbeing made.

We ask that you keep the best interests of everyone involved in mind.

Sincerely,

Michael Korlin

3714 Banbury DrSt. Charles, MO 63303

[email protected]

mailto:[email protected]

mailto:[email protected]

May 15, 2018

From: LAB 2000 LLLP 101 Arco Drive Suite 204 St. Charles, MO 63303

To: St. County Planning I Zoning Commission 100 N. Third Street St. Charles, MO 63301

Re: CUP 18-05

Our only concern with this application is that we would like to ask that the applicant be required to furnish space on the property requested for the zoning change, for the loading and unloading of automobiles from the large trucks delivering and picking them up.

We are currently having trouble with other Used Car Dealers in the area using Arco Drive as their loading and unloading of vehicles point. There is little respect for the needs of other users of the street including customers and delivery vehicles to our building at 101 Arco Dr. Plus some of them are using the Public sidewalk to pull their trucks on, which are not built for that weight.

Thank you for your consideration on this matter.

Sincerely,

LAB 2000 LLLP Ralph W. VanGennip Managing Partner

Page 1 Planning & Zoning Commission Meeting, May 16, 2018

MINUTES OF REGULAR MEETING ST. CHARLES COUNTY PLANNING AND ZONING COMMISSION

DATE: MAY 16, 2018

TIME: 7:00 P.M.

PLACE: COUNTY EXECUTIVE BUILDING 300 N. THIRD ST. THIRD FLOOR COUNCIL CHAMBERS ST. CHARLES, MO 63301

MEMBERS PRESENT: Ron Saettele; Gary Griffin; Jim Leonhard; Roger Ellis; Kevin Cleary; Craig

Frahm; Tom Kuhn; Robert McDonald; and Mike Klinghammer, County Councilman

MEMBERS ABSENT: Kevin McBride STAFF PRESENT: Robert Myers, Director of Planning and Zoning; Ellie Marr, Senior Planner;

Jhimae Brock, Recording Secretary; Sheila Weiss, Recording Secretary; and Keith Hazelwood, County Counselor

SPEAKERS: CUP18-05: Penuel Raj Clement, applicant and lessee; Lonnie Haney, 125 Clearview Drive; and Arnie “AC” Dienoff, P.O. Box. 1535, 63366

CALL TO ORDER

Chairman Craig Frahm called the meeting to order at 7:00 PM. Following the Pledge of Allegiance, Chairman Craig Frahm welcomed the audience; explained the procedures for speakers; and explained the functions of the Planning and Zoning Division, the Planning and Zoning Commission and the County Council. He explained to the audience that the Planning & Zoning Commission will make a recommendation on applications heard during the meeting, which will then be submitted to the St. Charles County Council for their final decision.

Chairman Craig Frahm introduced the following documents into the record: The Unified Development Ordinance of St. Charles County (UDO), including zoning maps; and the Year 2025 Master Plan for St. Charles County, which includes the Year 2025 Future Land Use Plan Map.

PUBLIC HEARINGS

CONDITIONAL USE PERMIT REQUEST - 3707 VETERANS MEMORIAL PKWY.





Use Requested: Automobile sales Zoning: C2, General Commercial District

Area: 3.453 acres

Location: On the southeast corner of Veterans Memorial Parkway and Arco Drive; adjoining St. Charles

Council District: 5


Robert Myers, Director of Planning & Zoning, stated that this property was used as the Broph’s mobile home sales lot until 2015. Mr. Myers stated that the lot is a comparatively narrow and deep. He stated that this CUP does not include the back side of this lot, but only the front portion along Veterans Memorial Parkway. The applicant is requesting a conditional use permit to allow for the sale of automobiles. In March of 2016, the applicant was granted approval on a conditional use permit (CUP15-011) to operate an automobile sales lot located at the front of the property. That permit expired in March of 2018, and the applicant is now re-applying for a conditional use permit for automobile sales. Mr. Myers stated that as he would characterize this plan as a more substantial improvement on this property, including paving for the front portion of the lot, building a showroom, and an automotive repair building. The applicant is proposing to have spaces for 86 vehicles for sale on this site. There was a large building that has been removed from the property and a large gravel parking lot remains of late. This property adjoins a couple of residences but they are really far below this property. There is a huge grade change to the east and the roofs of the homes almost sit below the level of this lot. He stated that Clearview Drive is a mixed-use commercial and residential area. On the west is Arco Drive which is used as more of a commercial or industrial street. In the Commissioner’s agenda packets there is a communication from someone who owns property along Arco Drive that has concerns about the large trucks now being parked along Arco Drive loading and unloading vehicles. Apparently that is already being done for some of the other area car sales lots along Veterans Memorial Parkway. If approved, this would be one of four car sales lots within a relatively short distance of each other. He stated one of the concerns expressed by the neighbor is whether there will there be enough room on this lot to bring vehicle trailers so that cars can be loaded and unloaded on the property, rather than on Arco Drive.

County staff reviewed the Conditional Use Permit criteria and is recommending approval with certain conditions. Staff does not believe that the use would be detrimental to or endanger the public health, safety of general welfare and they do not believe it will be injurious to the use and enjoyment of other property in the immediate vicinity. The property is already close to Interstate 70, and the residents on Clearview Drive already have the noise and the traffic of I-70 and the South Service Road. For many years, this property was used commercially for mobile home sales and repair. Previously, they had a large building that would bring mobile homes underground and then repair them. This use would be a lot less intensive than how the property was used in the past. County staff is recommending that the Planning & Zoning Commission recommend approval with certain conditions that are provided in the written staff report.

For the record, staff received 1 letter of opposition and 1 letter of concerns regarding this application.

Chairman Roger Ellis asked if the Commission had any questions for staff.

Ron Saettele stated that he remembers having a long discussion about the large Broph’s sign at the Planning & Zoning Commission meeting for this request for a conditional use permit back in 2016. He stated that some of the people that came to address the Commission said they would like to see that sign taken down, and the Commission questioned staff at that time as to if had to be taken down. He asked what is going to happen with that sign.


Robert Myers responded that staff’s determination at that time was that if they re-use the sign as is, and do not change it structurally, the applicant can continue to use that sign even though it is larger than what is allowed by the County’s current standards. He stated he would characterize the current sign as a legal, non-conforming use. However, if they were to remove it or change it structurally, then any sign that they replace it with would have to meet the County’s current standards.

Kevin Cleary asked County staff if the change is defined by structural change, or by change in use.

Robert Myers responded that if they were to change the sign structurally or if they were to remove it, the sign would have to be replaced with something that conforms to the current standards.

Chairman Roger Ellis asked if the Commission had any questions for staff. Seeing none, Chairman Ellis opened the public hearing and asked the applicant to come forward.

The applicant, Penuel Raj Clement, 1153 Tallbridge Way, was sworn in. Mr. Clement stated that in 2016 he applied for and received a conditional use permit (CUP15-011) for automotive sales on this property. He stated that the old building that was previously on the lot has been demolished. They are proposing to build a brand-new building to make this business more presentable. He stated that it will comparable to Enterprise Car Sales and the project will cost over a million dollars. He stated that they want to be good neighbors to everybody, and he is now requesting a re-approval on a conditional use permit to allow for the sale of automobiles on the property.

Mike Klinghammer asked Mr. Clement if there will be room on the site to unload cars from tractor trailers.

Mr. Clement responded that there will be plenty of room.

Mike Klinghammer asked Mr. Clement if they will be using Arco Drive.

Mr. Clement responded no, that is not the plan.

Mike Klinghammer asked Mr. Clement about the proposed number of cars on the lot.

Mr. Clement responded that he submitted a concept plan to the Planning and Zoning staff and they are proposing 86 cars. He stated that up to 200 cars can fit on the lot, so there will be plenty of room.

Gary Griffin asked Mr. Clement if they will be doing automobile repairs on the site, such as oil changes.

Mr. Clement responded that is not in the immediate plan.

Kevin Cleary asked Mr. Clement what size the building was.

Penuel Raj Clement responded about 6,600 square feet.

Craig Frahm asked Mr. Clement when he planned to start construction of the building.

Mr. Clement responded that they are currently in the design process now with the architect. He stated that if everything goes as planned they could start construction in August of this year.

Chairman Ellis asked Mr. Clement if there are currently chickens or a goat on the property. He stated that one of the communications received from a neighbor had mentioned this concern.

Mr. Clement responded that he has never seen any chickens or a goat on the property.


Chairman Ellis stated that he remembers reading about it in one of the letters that the Commission received. Chairman Ellis asked if there were any further questions for the applicant. There being no further questions, Chairman Ellis asked if anyone from the audience wished to make public comments on this application. Mike Hammerle, 235 Spring to 265 Spring and 3700 Fairview, was sworn in. Mr. Hammerle stated that he owns several properties within 500 feet of this lot. He stated that the car lots want super bright lights that should shine down on their lot and not the neighbor’s windows and lawn. He asked the Planning & Zoning Commission if there are rules that can be enforced pertaining to that. Kevin Cleary stated that lighting standards are addressed in the Planning and Zoning’s staff recommended conditions. Robert Myers responded that the County does have lighting standards where it dictates the maximum number of lumens (footcandles) along a property line. Mike Hammerle stated that his home is 400 feet from this property, and his rear yard backs to the property. He stated that in the winter time when the leaves are off of the trees he has to hold his hands up over his eyes to be able to see. He stated that he can’t see stars anymore. He stated that if the lights were aimed only at their lot, it wouldn’t bother him. Craig Frahm asked Mr. Hammerle if the lights are currently shining through the windows of his home. Mike Hammerle responded that the lights are pointing at the back of the house. He stated that right now there are leaves on the trees so it is not as bad. Craig Frahm asked Mr. Hammerle where the lights are coming from. Mike Hammerle responded from Broph’s. Craig Frahm asked Mr. Hammerle asked if he is referring to the current property, or what the applicant proposes. Mike Hammerle responded that the lot has existing lights and he presumes that this applicant will have control over them. He stated that the car lots along the Service Road have lights so bright they cause drivers on Spring Drive to have to shade their eyes in order to be able to see. He stated that his home is 25-50 feet higher than the Service Road. He has 75-foot trees and in the winter when the leaves are off those trees his property is lit up from all of those lights along the Service Road. He has called the County about this and they won’t do anything about it. He is also concerned about people parking their cars along Spring Drive, and trucks coming down the Service Road creating a hazard. Mr. Hammerle also has water run-off concerns, since this property is on a higher elevation. He already had to build a levee in his back yard to help with existing drainage issues. Chairman Ellis asked Mr. Hammerle if he lives on Spring Drive. Mike Hammerle responded that he lives on Spring Drive, and he also owns four or five additional properties on Fairview Drive.


Chairman Ellis asked Mr. Hammerle if any of his properties abut to the subject property. Mike Hammerle responded that there is about 700 feet of land that abuts to the rear of this property. Lonnie Haney, 125 Clearview Drive, was sworn in. Mr. Haney stated that his property backs up to the property that was formally known as Broph’s. Mr. Haney’s main concern is that when Broph’s has the building on the property that the applicant was going to utilize, the gutter was rusted out. He stated he has had issues with water on his property, and his back yard floods when it rains. He has a septic system on his property, and it does not work well when the ground is saturated. He stated that his tenant has had her belongings ruined because the basement in the home flooded. If this property is used as a car lot, they will be washing cars and he is concerned it will flood his property. He also has concerns about lighting. The existing lights are already bright. He stated that the properties on Fairview Drive all have water issues due to run-off from this property. He asked the Commission to make sure that measures are taken to control run-off from this property if this application is approved.

Kevin Cleary asked Mr. Haney what his lot size of his lot is.

Lonnie Haney responded that it is roughly 100 x 109.

Kevin Cleary asked Mr. Haney if his property predated the minimum lot size requirements for septic systems.

Mr. Haney responded in the affirmative. He stated that that his house was built in the 1950’s, and the only way for them to obtain public sewer service would be to annex into the City.

Arnie “AC” Dienoff, P.O. Box 1535, O’Fallon, was sworn in. Mr. Dienoff stated that the Planning and Zoning Commission and the County Council need to start being proactive and placing conditions on conditional use permit requests for auto sales and storage lots. Mr. Dienoff requests that the following conditions of approval be added to this request:

1. No unlicensed vehicles allowed on the site.

2. No derelict vehicles allowed to remain on the site for more than 7 days.

3. Barrels must be stored inside of the building.

4. No parts stored on the site.

5. No tires, used oil, or solvents stored outside of any building.

6. No totaled vehicles stored on the site for longer than 45 days.

Mr. Dienoff would also like a parking and striping plan, a landscaping plan, and a photometric of the lighting scheme to be required. He stated that the County needs to start putting conditions on conditional use permits, to ensure that everyone is honest and responsible. Mr. Dienoff stated that he thinks it is time to ask for accountability and responsibility from both the Planning and Zoning Commission and the County Council. He stated that from here on out, he will be at every meeting to testify for these simple conditions for all automotive sales lots and storage lots and he hopes that they will take these suggestions into account.

Chairman Ellis asked if there was anyone in the audience who would like to speak on this application.


There being no other speakers from the audience, Chairman Ellis closed the public hearing and asked the applicant if they would like to approach the podium again and address any of the concerns voiced by the audience members.

Penuel Raj Clement stated that currently there is no lighting on the portion of the property that he will be taking over. The existing lighting that was mentioned by the neighboring property owners is located on the property behind this. The property is total of about 9 acres deep, and they are taking the front couple of acres in which all of the lighting poles have been taken down. He stated that if they were to put up new lighting for this business, they would have to conform to the current zoning requirements.

Chairman Ellis asked Mr. Clement who is the property owner to the rear.

Penuel Raj Clement responded it is the same property owner (Mutual Assurance Company Partnership, LLP).

Robert Myers stated he thinks there is a lease area at the front of this property for this conditional use permit request.

Penuel Raj Clement responded that is correct.

Kevin Cleary stated that he didn’t see any retention or detention basin for all of the additional surface area. He stated that he knows it has gravel now but, if the applicant puts concrete on it there will be a faster outflow of water. He asked the applicant what his plans were for retention and detention basin.

Mr. Clement stated when the architect completes the site plan; they will have more concrete information. He stated that he did submit a map showing the current detention basin located at the south part of the property.

Kevin Cleary asked Robert Myers if the conditional use permit request is for the front half of the property of for the entire property.

Robert Myers responded that he is unsure whether the legal description includes the entire property or not, but the applicant’s submission for approval of a conditional use permit is only for the front portion (3.453 acres). Should this be approved, in order for the auto sales lot to expand beyond this front portion of the property, a new application would have to come back before both the Planning and Zoning Commission and the County Council. Mr. Myers stated that he also has information about stormwater and lighting, and could answer any questions the Commission may have about those items.

Chairman Ellis asked if there was anyone in audience that would like to speak on the application. Seeing none, Chairman Ellis closed the public hearing and called for discussion from the Commission.

Gary Griffin stated that he agrees that some auto sales properties are unsightly. Not only in St. Charles County, but if you have ever driven from here to Kansas City or Springfield, on the side of the road you see “Auto Sales” signs and there are thousands of them. You can see rusted vehicles and weeds growing up but they are called “auto sales”. He thinks Mr. Dienoff made a good point, and this is something for the Commission and the Council to think about in the future to prevent some of these lots in St. Charles County from becoming unsightly.

Ron Saettele stated that a code violation is a code violation, it has to be enforced. Auto sales lots are subject to meeting the same codes as restaurants and all other businesses. These items don’t need to be added to auto sales conditional use permits, as they already have to be enforced.


Mike Klinghammer responded to Ron Saettele’ s comment and stated that it was very well said. The County does not have one set of codes for auto sales and another set of codes for storage lots. It all gets handled the same. He stated that a lot of the County’s code enforcement is largely complaint driven, given the size of St. Charles County and the number of properties that are out there, so any time anyone sees things that are not up to code, whether it be grass that is growing tall or cars with flattened tires, those are code violations and it doesn’t matter if it’s on a residential lot or commercial lot. One of the things that Mr. Dienoff talked about was that our staff needs to start making recommendations and actual conditions. Staff has provided list of six of recommended conditions on the staff report, so he does not want people to think that St. Charles County is just approving conditional use permits without any conditions that are outlined. The two conditions that came up the most during this hearing were lighting and the stormwater run-off, which are both items that are handled during the site plan approval process. Mr. Klinghammer stated that he believes that the County has more stringent requirements now regarding the shielding and the baffles that are around lighting that direct it more downward rather than a floodlight that shines horizontally. Mr. Klinghammer asked Robert Myers to address the concerns regarding water run-off from this property.

Robert Myers responded that he visited this site in 2016 with the Development Review Director. He noted that there is an easement that runs along the eastern property line and run-off flows from there into a shared stormwater detention basin to the south. Since this is a re-development of the property, run-off will be addressed during the site plan approval stage, and it will be determined at that time whether or not the applicant will be required to install any on-site detention or retention measures. Mr. Myers added that gravel surfaces, like the existing surface on this property, typically shed water almost as much as asphalt. The complaints that the County has received regarding the lighting on this property have had to do with the lighting of the RV storage area at the rear of the property. The County now has stricter requirements for lighting than what was previously installed.

Mike Klinghammer stated that what he is hearing Robert Myers say is that the previous detention system on the property was inadequate, but now that there is a proposal to re-develop the property the County has an opportunity to address that and make improvements to that system.

Robert Myers stated that is correct.

Kevin Cleary stated that code violations are proportional. He stated that tall grass is one thing, but car lots will also be dealing with solvents on the property, and derelict vehicles. He stated that he is not sure if the Planning and Zoning Commission is the proper venue, but he would like to further explore the possibility of these items being addressed.

Robert Myers responded that he would like to add that because this is now a re-development, the paving will now be required to meet the minimum front yard setback so it will be pulled back further from the front property line. Also, the County’s Property Maintenance Codes do not allow unlicensed or derelict/wrecked vehicles on any property. In the C2, General Commercial District, auto repairs are allowed by right, provided that automobile parts are stored within a building, or enclosed within an 8-foot tall sight-proof fence. They will be required to meet all of the current standards under the St. Charles County Ordinance.

Roger Ellis asked Robert Myers if the two auto sales lots to the east of this property are located within the City of St. Charles, or in unincorporated St. Charles County.

Mr. Myers responded that one of those lots may be in unincorporated St. Charles County, but the northern lot is within the City of St. Charles.

There being no further discussion, Chairman Ellis called for a motion to recommend approval on Application CUP18-05, subject to the staff recommended conditions.


Gary Griffin so moved, and Mike Klinghammer seconded the motion.

The vote on the motion was as follows:

Ron Saettele - Yes Gary Griffin - Yes Kevin Cleary - Yes

Tom Kuhn - Yes Jim Leonhard - Yes Robert McDonald - Yes

Roger Ellis - Yes Craig Frahm - Yes Mike Klinghammer - Yes

Application No. CUP18-05 was recommended for APPROVAL, subject to the staff recommended conditions.

The Vote Count was 9 Yeas, 0 Nays, and 0 Abstentions.

Bill No. Ordinance No. 4607 Requested by: Michael Hurlbert ...

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