April 16, 2008

PRESENT:                                      ABSENT:

Tom Waltz, Chairman                        David Osborn, Vice Chairman         

Joseph R. Soraghan, Sect./Treas.    

Valery Starr

Malcolm Bliss

Edw. D. Golterman

Greg Frick

Larry Ross

Joe Roeser

Pursuant to notice of meeting duly given, the Planning and Zoning Commission convened on Wednesday, April 16, 2008, at Kirkwood City Hall. 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. Osborn was absent and his absence was excused. 

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

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).

     Due to the flooding of the Meramec River and the inability to perform a traffic study, Mills Properties extended the Automatic Recommendation of Approval date to July 22, 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)}

     Since a revised site plan has not been submitted, Novus Development extended the Automatic Recommendation of Approval date to May 22, 2008.

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-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)}

     Motion was made by Ms. Starr and seconded by Mr. Bliss to approve the request for a special use permit for a restaurant at 481 South Kirkwood Road.  Mr. Bliss read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

APRIL 16, 2008

     PETITION NUMBER:           PZ-24-08

     ACTION REQUESTED:    SPECIAL USE EXCEPTION (RESTAURANT)             

     PETITIONER:          QDOBA MEXICAN GRILL RESTAURANT

     PROPERTY LOCATION:   481 SOUTH KIRKWOOD ROAD

                     DRAWINGS SUBMITTED:  DEVELOPMENT PLAN RECEIVED FEBRUARY 27, 2008

DESCRIPTION OF PROJECT:

This is a request to develop a restaurant in existing tenant spaces of a multi-tenant building (Woodbine Center).  The petitioner has indicated this restaurant will seat approximately 70 patrons inside. Outdoor music is not being requested as part of this application. 

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 April 1, 2008, with Chuck Pollard of Qdoba and Jim Gamel of the Woodbine Center.  Notice of the meeting had been properly posted.

The subcommittee discussed outdoor dining as an accessory use to the restaurant, signage, 15-minute parking spaces, and liquor. 

RECOMMENDATION: 

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

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

    2.   Outdoor speakers shall not be permitted for recorded music.  Bands, orchestras, musicians, etc., shall not be permitted outdoors.

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

     Respectfully submitted,

     Malcolm Bliss              David Osborn   

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

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

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

     Submitted:  3-14-08 

     Petitioner, Kimco Realty Corp.

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

     Motion was made by Mr. Bliss and seconded by Mr. Ross to approve the amended B5 Development Plan at 1263 South Kirkwood Road.  Mr. Bliss read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

APRIL 16, 2008

     PETITION NUMBER:          PZ-27-07B

                     ACTION REQUESTED:    AMENDED B-5 DEVELOPMENT FINAL SITE PLAN

                     SITE PLAN FOR CONSTRUCTION OF RETAIL BUILDING

     PETITIONER:          KRC KIRKWOOD 803, INC (DANIEL GIBSON)

     PROPERTY LOCATION:   1263 SOUTH KIRKWOOD ROAD

                           MATERIAL SUBMITTED:  SITE PLAN PREPARED BY CIVIL ENGINEERING DESIGN CONSULTANTS AND LANDSCAPE PLAN PREPARED BY LOOMIS ASSOCIATES STAMPED "RECEIVED MARCH 14, 2008, CITY OF KIRKWOOD PUBLIC WORKS”

                     ZONING:               B-5 (PLANNED COMMERCIAL DEVELOPMENT)

DESCRIPTION OF PROJECT:

The petitioner is proposing to develop a 2,400 square foot building for retail use to the south of the Chipotle restaurant building currently under construction. 

COMPREHENSIVE PLAN & LAND USE:

This site is planned for General Commercial uses by the Vision 2015 Comprehensive Plan.  This proposal conforms to the land use recommendations in the Plan. 

DISCUSSION:

A Zoning Matters sign was posted on the property on March 26, 2008.  The petitioner presented his site plan at the April 2, 2008, Planning and Zoning Commission meeting; discussion was held and a subcommittee was appointed.  The Subcommittee met on the site on April 7, 2008, with Michael Vorwerk of Civil Engineering Design Consultants.

RECOMMENDATION: 

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

     1.   The project shall be constructed in accordance with the site development and landscape plans stamped “Received March 14, 2008, City of Kirkwood Public Works”, except as noted herein.

     2.   A performance guarantee in the amount of $26,000 shall be submitted to the City of Kirkwood within six months of approval and prior to the issuance of a foundation or building permit.

     3.   An administrative fee in the amount of $1,320 shall be submitted before acceptance of the letter of credit by the City.  The fee supports site inspection and project administration costs. 

     4.   Six-inch (6”) high, full-depth concrete curbs shall be constructed to City standards along all parking, driveway areas, parking lot, and landscape areas within the site.

     5.   Dumpster enclosures are required to screen all dumpsters on the site and shall be 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.

    6.   The dumpster pad shall be constructed of seven-inch (7”) thick concrete pavement on a six-inch (6”) thick rock base.

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

     Respectfully submitted,

     Malcolm Bliss              David Osborn

     The motion to approve the amended B-5 development plan was unanimously approved by the members present (Mr. Osborn was absent).

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

8.   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 April 9 with Gerry DeWulf of the Board of Adjustment and Public Works Director Todd Rehg to discuss the Zoning Code amendments.  Two amendments are being discussed:  (1) Amend Section A-3(b)(103) to read “Use:  The specific purpose for which land or a building is or may be occupied; and (2) the last sentence of Section A-91(c) “The term “abandoned” shall mean the voluntary discontinuance of a nonconforming use.”

9.   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 7:50 p.m.  The next meeting will be held May 7, 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.