April 2, 2008

PRESENT:                                             ABSENT:

Tom Waltz, Chairman                              Joe Roeser

David Osborn, Vice Chairman         

Joseph R. Soraghan, Sect./Treas.    

Valery Starr

Malcolm Bliss

Edw. D. Golterman

Greg Frick

Larry Ross

Pursuant to notice of meeting duly given, the Planning and Zoning Commission convened on Wednesday, April 2, 2008, at Kirkwood City Hall. Council Member Tim Griffin, City Attorney John Hessel, Public Works Director Todd Rehg, and Administrative Secretary Patti Dodel also attended the meeting. 

1.   Chairman Waltz called the meeting to order at 7:00 p.m.  Mr. Roeser was absent and his absence was excused.  Mr. Soraghan arrived at 7:05.

2.   Motion was made by Ms. Starr and seconded by Mr. Osborn to approve the minutes as written for the March 19, 2008, meeting.  The motion was unanimously approved by the members present (Mr. Roeser and Mr. Soraghan were absent).

Mr. Soraghan arrived at the meeting at 7:05.

3.   PZ-13-08  COMMUNITY UNIT PLAN TYPE A -     TIMBERLAKE APARTMENTS

     Submitted:  10-31-07  Automatic Recommendation:  5-13-08

     Petitioner, Bruce Mills

     (Subcommittee - Mr. Roeser (chair), Mr. Bliss (secretary), and

     Mr. Golterman).

     Mr. Golterman reported the subcommittee is awaiting a traffic study from Mills Properties’ consultant and that Mills Properties believes two parking spaces per unit plus one parking space per building is excessive.  Mills Properties extended the Automatic Recommendation of Approval date to May 13, 2008.

4.   PZ-20-08   REZONE R4 TO B3 & SITE PLAN REVIEW - 1015 N. WOODLAWN AND SITE PLAN REVIEW, 10300 MANCHESTER ROAD

     Submitted:  2-1-08    Automatic Recommendation:  5-1-08

     Petitioner’s Agent, Vance Engineering

     {Subcommittee - Mr. Roeser (chair) and Mr. Waltz (secretary)}

     Subcommittee is not prepared to report.  Revised site plan required due to Fire Marshal’s requirement regarding posted fire lane.

5.   PZ-21-08  REZONE R5 TO B3 & SITE PLAN REVIEW - 10551 BIG BEND

     Submitted:  2-1-08   Automatic Recommendation:  5-1-08

     Petitioner, Richard Smith

     {Subcommittee - Ms. Starr (chair) and Mr. Golterman (secretary)}

     Due to St. Louis County Highway and Traffic Department’s requirements regarding access to Big Bend and their suggestion that the parking lot for 10551 Big Bend be connected to the parking lot for the adjacent property to the east, Mr. Smith extended the automatic recommendation of approval date to June 15, 2008.

6.   PZ-23-08  REZONE B-3 TO R-4 - 10557 BIG BEND ROAD

     Submitted:  2-25-08   Automatic Recommendation:  5-25-08

     Petitioner, Qinggen Zhang

     {Subcommittee - Mr. Soraghan (chair) and Mr. Frick (secretary)}

     Motion was made by Mr. Soraghan and seconded by Mr. Frick to approve the rezoning at 10557 Big Bend Road from B-3 to R-4.  Mr. Frick read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

APRIL 2, 2008

     PETITION NUMBER:           PZ-23-08

                     ACTION REQUESTED:    REZONE B-3 TO R-4

     PETITIONER:          QINGGEN ZHANG

     PROPERTY LOCATION:   10557 BIG BEND ROAD

DESCRIPTION OF PROJECT:

In 2007, the same petitioner requested and received approval to rezone the property from R-4 to B-3 and site plan approval of a seven-space parking lot in order to utilize the existing two-story residence as an acupuncture clinic.

COMPREHENSIVE PLAN & LAND USE:

The site is designated for Suburban Density Residential Use by the Vision 2015 Comprehensive Plan, and this request would be consistent with the Comprehensive Plan.

DISCUSSION:

Zoning Matters signs were posted on the property March 12, 2008.  The petitioner presented his request at the March 19, 2008, Planning and Zoning Commission meeting; discussion was held; and a subcommittee was appointed.  The Subcommittee met on the site on March 27, 2008, with the petitioner.   The meeting had been posted in accordance with City Policy and the Missouri Sunshine Law.

The petitioner advised he did not have the financial resources to meet commercial building codes and would operate as a “home occupation”.

RECOMMENDATION: 

The Subcommittee recommends the request to rezone 10557 Big Bend Road from B-3 to R-4 be approved

     Respectfully submitted,

     Joseph Soraghan            Greg Frick

     The motion to approve the rezoning was unanimously approved by the members present (Mr. Roeser was absent). 

     Motion was made by Ms. Starr and seconded by Mr. Soraghan to approve the subcommittee report approving the rezoning.  The motion was unanimously approved by the members present (Mr. Roeser was absent).

7.   PZ-24-08  SPECIAL USE PERMIT, RESTAURANT - QDOBA, 481 S. KIRKWOOD

     Submitted:  2-27-08   Automatic Recommendation:  6-26-08

     Petitioner, Chuck Pollard

     {Subcommittee - Mr. Osborn (secretary) and Mr. Bliss (chair)}

     The subcommittee met on the site March 27 and will have a report at the next meeting.

8.   PZ-25-08 SPECIAL USE PERMIT, RESTAURANT - BAR BRANICA, 449 SOUTH KIRKWOOD

     Submitted:  2-27-08   Automatic Recommendation:  6-26-08

     Petitioner, Sam Kacar

     {Subcommittee - Mr. Ross (chair) and Ms. Starr (secretary)}

     Motion was made by Mr. Soraghan and seconded by Mr. Bliss to approve the special use permit for a restaurant in the Woodbine Center at 449 South Kirkwood Road.  Ms. Starr read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

APRIL 2, 2008

     PETITION NUMBER:           PZ-25-08

     ACTION REQUESTED:    SPECIAL USE EXCEPTION (RESTAURANT)

     PETITIONER:          SAFFET KACAR

     PROPERTY LOCATION:   BAR BRANICA, 449 SOUTH KIRKWOOD ROAD

                     DRAWINGS SUBMITTED:  FLOOR PLAN RECEIVED FEBRUARY 27, 2008

DESCRIPTION OF PROJECT:

This is a request to develop a restaurant in an existing tenant space of a multi-tenant building (Woodbine Center).  The petitioner has indicated the restaurant will provide appetizers and drinks for approximately 75 patrons and a waiting area for patrons of another restaurant he’s proposing in the Woodbine Center at 451 South Kirkwood Road (See PZ-26-08). 

The site is zoned B-4, Planned Commercial District and is developed as a commercial and office center.

COMPREHENSIVE PLAN & LAND USE:

The property along this portion of the west side of Kirkwood Road is designated as appropriate for General Commercial uses by the Vision 2015 Comprehensive Plan.  This project is consistent with the land use and development policies presented by the Plan.

DISCUSSION:

The petitioner presented his application at the March 19, 2008, Planning and Zoning Commission meeting; discussion was held and a Subcommittee was appointed.  The Subcommittee met on the site on March 25, with Mr. Kacar.  Notice of the meeting had been properly posted.

The subcommittee discussed the location of the dumpsters on the site and suggested an additional dumpster be placed in the alley behind the proposed restaurant. 

RECOMMENDATION:  

The Subcommittee recommends this petition be approved with the following conditions:

     1.   The project shall be consistent with the floor plan stamped “Received February 27, 2008, City of Kirkwood Public Works”, except as noted herein. 

    2.   If another dumpster is located on the site, it shall be located in an enclosure constructed of sight-proof materials (e.g. board-on-board, vinyl, masonry, split-faced concrete masonry units, etc.) not less than six feet in height.  Latching gates of similar or complementary materials shall be required to completely enclose the dumpster.

    3.   Outdoor speakers shall be permitted for recorded music during hours of operation.  Bands, orchestras, musicians, etc., shall not be permitted outdoors.

     4.   The applicant shall comply with all standard conditions as listed on Exhibit A.

     Respectfully submitted,

     Larry Ross           Valery Starr

     The motion to approve the special use permit was unanimously approved by the members present (Mr. Roeser was absent).   

     Motion was made by Mr. Soraghan and seconded by Mr. Frick to approve the subcommittee report approving the special use permit.  The motion was unanimously approved by the members present (Mr. Roeser was absent). 

9.   PZ-26-08 SPECIAL USE PERMIT, RESTAURANT - TRATTORIA BRANICA, 451 SOUTH KIRKWOOD ROAD

     Submitted:  2-27-08   Automatic Recommendation:  6-26-08

     Petitioner, Sam Kacar

     {Subcommittee - Mr. Ross (chair) and Ms. Starr (secretary)}

     Motion was made by Ms. Starr and seconded by Mr. Soraghan to approve the special use permit for a restaurant with outdoor seating in the Woodbine Center at 451 South Kirkwood Road.  Mr. Ross read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

APRIL 2, 2008

PETITION NUMBER:           PZ-26-08

ACTION REQUESTED:    SPECIAL USE EXCEPTION (RESTAURANT)WITH OUTDOOR SEATING

PETITIONER:          SAFFET KACAR

PROPERTY LOCATION:   TRATTORIA BRANICA, 451 SOUTH KIRKWOOD ROAD

                                DRAWINGS SUBMITTED:  FLOOR PLAN RECEIVED FEBRUARY 27, 2008

DESCRIPTION OF PROJECT:

This is a request to develop a restaurant in an existing tenant space of a multi-tenant building (Woodbine Center).  The petitioner has indicated this restaurant will seat approximately 100 patrons inside and outdoor seating is proposed on the existing patio.  Outdoor music is not being requested as part of this application.  In conjunction with this restaurant, Bar Branica is also being proposed at 449 South Kirkwood Road (See PZ-25-08)

The site is zoned B-4, Planned Commercial District and is developed as a commercial and office center.

COMPREHENSIVE PLAN & LAND USE:

The property along this portion of the west side of Kirkwood Road is designated as appropriate for General Commercial uses by the Vision 2015 Comprehensive Plan.  This project is consistent with the land use and development policies presented by the Plan.

DISCUSSION:

The petitioner presented his application at the March 19, 2008, Planning and Zoning Commission meeting; discussion was held and a Subcommittee was appointed.  The Subcommittee met on the site on March 25, with Mr. Kacar.  Notice of the meeting had been properly posted.

The subcommittee discussed the location of the dumpsters on the site and suggested an additional dumpster be placed in the alley behind the proposed restaurant. 

RECOMMENDATION: 

The Subcommittee recommends this petition be approved with the following conditions:

     1.   The project shall be consistent with the floor plan stamped “Received February 27, 2008, City of Kirkwood Public Works”, except as noted herein. 

    2.   If another dumpster is located on the site, it shall be located in an enclosure constructed of sight-proof materials (e.g. board-on-board, vinyl, masonry, split-faced concrete masonry units, etc.) not less than six feet in height.  Latching gates of similar or complementary materials shall be required to completely enclose the dumpster.

    3.   Outdoor speakers shall be permitted for recorded music during hours of operation.  Bands, orchestras, musicians, etc., shall not be permitted outdoors.

     4.   The applicant shall comply with all standard conditions as listed on Exhibit A

     Respectfully submitted,

     Larry Ross           Valery Starr

     The motion to approve the special use permit was unanimously approved by the members present (Mr. Roeser was absent). 

     Motion was made by Mr. Osborn and seconded by Ms. Starr to approve the subcommittee report approving the special use permit.  Motion was made by Mr. Osborn and seconded by Ms. Starr to delete the sentence “Outdoor music is not being requested as part of this application” from the Description of Project.  The amendment was unanimously approved.  The motion to approve the subcommittee report was unanimously approved by the members present (Mr. Roeser was absent). 

10.  PZ-27-07B  AMEND B5 DEVELOPMENT PLAN - RETAIL BUILDING, 1263 SOUTH KIRKWOOD ROAD

     Submitted:  3-14-08 

     Petitioner, Kimco Realty Corp.

     Michael Vorwerk of Civil Engineering Design Consultants stated they are proposing to construct a 2,400 square foot retail building adjacent to the Chipotle Restaurant, which is currently under construction. 

     Chairman Waltz appointed Mr. Osborn (chair) and Mr. Bliss (secretary) to the subcommittee.  The subcommittee scheduled a meeting for April 7 at 8 a.m.

11.  PZ-16-08  AMEND ZONING CODE - DEFINITION OF “USE”

     {Subcommittee - Mr. Soraghan (chair) and Mr. Osborn (secretary)}

     Mr. Soraghan reported that he and Mr. Osborn met on March 26 with Mr. DeWulf of the Board of Adjustment to discuss the Zoning Code amendment.  The subcommittee scheduled another meeting for April 9.

12.  PZ-22-08  AMEND ZONING CODE - ARCHITECTURAL REVIEW FOR ALL EXTERIOR BUILDING PERMITS EXCEPT SINGLE-FAMILY RESIDENCES

     (Subcommittee - Ms. Starr and Mr. Golterman)

     Ms. Starr reported that she and Mr. Golterman will schedule a meeting with two members of the Architectural Review Board to discuss the amendments.

There being no further business, the meeting adjourned at 8:10 p.m.  The next meeting will be held April 16, 2008, at 7:00 p.m.

Upon request, these minutes can be made available within three working days in an alternate format, such as audiotape, by calling 314-822-5822.