May 2, 2007

PRESENT:                                  ABSENT:

Tom Waltz, Chairman                  Joe Roeser

David Osborn, Vice Chairman      Valery Starr

Joseph R. Soraghan, Sect./Treas.    

Malcolm Bliss

Ed Golterman

Greg Frick

Larry Ross

Pursuant to notice of meeting duly given, the Planning and Zoning Commission convened on Wednesday, May 2, 2007, at Kirkwood City Hall. Council Member Timothy Griffin, City Attorney John Hessel, Assistant Director of Public Works Todd Rehg, and Administrative Secretary Patti Dodel also attended the meeting. 

1.   Chairman Waltz called the meeting to order at 7:02 p.m.  Mr. Roeser was absent and his absence was excused.  Ms. Starr was expected to arrive, but she did not.

2.   Motion was made by Mr. Soraghan and seconded by Mr. Bliss to approve the minutes as written for the April 18, 2007, meeting.  The motion was unanimously approved by the members present (Ms. Starr and Mr. Roeser were absent). 

3.   PZ-26-07  SPECIAL USE PERMIT (CONTRACTOR’S YARD) AND SITE PLAN REVIEW - KIRKWOOD MASONRY, 404 EAST ELLIOTT

     Submitted:  12-29-06  Automatic Recommendation Date:  4-28-07

     Petitioner, Daniel Head

     (Subcommittee - Mr. Soraghan and Mr. Bliss)

     The subcommittee met with Mr. Head today at 5:30 at the site and will have a report at the May 16 meeting.

4.   PZ-30-07  SITE PLAN REVIEW - CONCORDIA LUTHERAN CHURCH, PARKING LOT AT 504, 508, 520 SOUTH CLAY & 129 IDLEWILD

     Submitted:  2-2-07   Automatic Recommendation:  6-2-07

     Petitioner’s Agent, Mark Doering

     (Subcommittee - Ms. Starr and Mr. Golterman)

Motion was made by Mr. Golterman and seconded by Mr. Bliss to approve the site plan submitted by Concordia Lutheran Church for a parking lot expansion.  Mr. Golterman submitted sketches he prepared of entrance/exit locations for church parking lots.  Mr. Golterman and Mr. Soraghan read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

May 2, 2007

PETITION NUMBER:           PZ-30-07

ACTION REQUESTED:    SITE PLAN REVIEW (PARKING LOT)

PETITIONER:          CONCORDIA LUTHERAN CHURCH, 505 SOUTH KIRKWOOD

PROPERTY LOCATION:   504, 508, AND 520 SOUTH CLAY AND 129 IDLEWILD

                           DRAWINGS SUBMITTED:  SITE PLAN PREPARED BY DOERING ENGINEERING STAMPED “RECEIVED MARCH 28, 2007” AND LANDSCAPE PLAN PREPARED BY LANDSCAPE TECHNOLOGIES STAMPED “RECEIVED APRIL 16, 2007”

ZONING:                    R-4 (SINGLE-FAMILY)

DESCRIPTION OF PROJECT:

The petitioner is requesting site plan approval of an expansion of the Concordia Lutheran Church’s parking lot. Two single-family residences would be demolished.

COMPREHENSIVE PLAN & LAND USE:

The site of the church building and present parking lot is designated for Institutional Use by the Vision 2015 Comprehensive Plan.  The four lots containing the single-family houses are designated for Suburban Density Residential.  The proposed parking lot is an accessory use to the church which is a permitted use in a residential zoning district.

DISCUSSION:

Three Zoning Matters signs were posted on the property February 14, 2007.  The petitioner presented his plan at the February 21, 2007, Planning and Zoning Commission meeting; discussion was held and a subcommittee was appointed.  The Subcommittee met on the site on March 1, 2007.  The Subcommittee met at City Hall on March 14, 2007. The Subcommittee met at City Hall on March 20, 2007.  The Subcommittee met on the site on March 26, 2007.  All meetings had been posted in accordance with City Policy and the Missouri sunshine Law.

RECOMMENDATION: 

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

     1.   The project shall be constructed in accordance with the site plan “Received March 28, 2007, City of Kirkwood Public Works”, and landscape plans stamped “Received April 16, 2007, City of Kirkwood Public Works”, except as noted herein.

2.               A performance guarantee in the amount of $50,000 shall be submitted to the City of Kirkwood prior to the issuance of a parking lot permit. The performance guarantee shall be submitted within six months of this approval or the approval shall become null and void.

3.               An administrative fee in the amount of $1,800 shall be submitted before acceptance of the performance guarantee by the City.  The fee supports site inspection and project administration costs.

4.               Existing entrances shall be removed; and sidewalks, curbs and public right-of-way restored to City standards.  New entrances shall be constructed in concrete in accordance with City Standards

5.               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, except asphalt curbs may be used between the new and existing parking lots on properties facing Clay Avenue.

6.               The following variances shall be obtained within four months of Planning and Zoning Commission approval.

a.   In residential districts, no parking space or portion thereof shall be located within the required front yard or closer to any street line than the established lines on adjacent properties.  Variances are required for the Idlewild, Clay, and Woodbine frontages.

b.   All parking lots shall be separated from abutting streets (Idlewild Place) by planting areas not less than ten feet in width, on private property. 

7.               A six-foot high sight-proof fence shall be constructed along the north property line of 512 South Clay, the south property line of 518 South Clay, and the east property lines of 512 and 518 South Clay.

8.               Landscape plan shall include a 1’-6’’ high berm around perimeter of all streets planted with evergreens and other plantings as shown on the Landscape Plan.

9.               Parking lot at Clay Avenue and Woodbine Avenue shall be striped so that cars enter and go around lot in a clockwise direction.

10.           The Entry and Exit on Idlewild Avenue shall be constructed so as to make left turns from Idlewild and right turns on Idlewild for parking lot extremely difficult. Signs shall be erected at Idlewild indicating No Right Turn Out and No Left Turn In.

11.           A 10-foot wide strip of ground along Idlewild Place shall be dedicated to the City of Kirkwood for public use prior to the issuance of a parking lot permit. 

12.           An area at the corner of Idlewild Place and Clay Avenue formed by the arcs of a 20-foot radius shall be dedicated to the City of Kirkwood for public use prior to the issuance of a parking lot permit. 

13.           An area at the corner of Woodbine Avenue and Clay Avenue formed by the arcs of a 20-foot radius shall be dedicated to the City of Kirkwood for public use prior to the issuance of a parking lot permit. 

14.           A ten-foot wide utility easement shall be granted to the City for public utilities along the public right-of-way behind the 10-foot wide dedication strip along Idlewild Place and along the existing rights-of-way of Woodbine Avenue and Clay Avenue. 

15.           The eight-inch tee that supplies the Idlewild Avenue water main from the South Clay Avenue water main shall be removed at the sole expense of the developer.

16.           A consolidation plat approved by the City and recorded in the St. Louis County Office of the Recorder of Deeds shall be filed in the Public Works Director’s office prior to issuance of any permits for the project.   All required City easements and dedication strips shall be shown on the consolidation plat.

17.           Sidewalks and curbs shall be constructed to City standards along the Idlewild Place frontages of the project. 

18.           Sidewalks and curbs along the Woodbine and Clay Avenue frontages shall be repaired to City standards as required by the Public Works Department.

19.           The pavement radius at the intersection of Idlewild Place and Clay Avenue shall be reconstructed to a 32-foot radius with a six-inch high, full-depth vertical curb except at wheelchair ramp locations.  The ramps shall satisfy the requirements of the City of Kirkwood.

20.           The pavement radius at the intersection of Woodbine Avenue and Clay Avenue shall be reconstructed to a 32-foot radius with a six-inch high, full-depth vertical curb except at wheelchair ramp locations.  The ramps shall satisfy the requirements of the City of Kirkwood. 

21.           Prior to the issuance of a parking lot permit, three sets of site construction plans, including  landscaping plans, shall be submitted to the Public Works Department that fully incorporates the conditions of approval.  When these plans are approved the petitioner shall file the approved site plan with the parking permit application.

22.  This approval is subject to all the Standard Conditions attached as Exhibit A.

Respectfully submitted,

Valery Starr               Edw. D. Golterman

The motion to approve the site plan was unanimously approved by the members present (Ms. Starr and Mr. Roeser were absent). 

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

5.   PZ-32-07  REZONE R4 TO B3 AND SITE PLAN REVIEW - SQUEAKY CLEAN CAR WASH, 920 SOUTH KIRKWOOD AND 111 CHESTER

     Submitted:  3-9-07  Automatic Recommendation Date:  5-10-07

     Petitioner, Donald Uxa

     {Subcommittee - Mr. Osborn (C) and Mr. Ross (S)}

Mr. Uxa was present.  Motion was made by Mr. Frick and seconded by Mr. Bliss to approve the rezoning from R4 to B3 and site plan for a car wash at 111 Chester Avenue and a site plan for an office/retail building at 920 South Kirkwood Road.  The motion to approve the petition failed 2 to 5 (In Favor: Frick and Ross; Opposed: Bliss, Golterman, Osborn, Soraghan, and Waltz; Absent: Roeser and Starr). 

Mr. Osborn read the report recommending denial:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

May 2, 2007

PETITION NUMBER:           PZ-32-07

ACTION REQUESTED:    REZONE R-4 TO B-3 AND SITE PLAN REVIEW FOR CAR WASH AT 111 CHESTER AVENUE; AND SITE PLAN REVIEW FOR OFFICE BUILDING IN I-1 AT 920 SOUTH KIRKWOOD ROAD.

PETITIONER:          KIRKWOOD ROAD LLC;

D.B.A. SQUEAKY CLEAN CAR WASH

PROPERTY LOCATION:   920 SOUTH KIRKWOOD ROAD AND 111 CHESTER AVE

                           DRAWINGS SUBMITTED:  SITE PLAN "RECEIVED MARCH 29, 2007, CITY OF KIRKWOOD PUBLIC WORKS”

DESCRIPTION OF PROJECT:

The petitioner is proposing to rezone 111 Chester Avenue from R-4 to B-3 to construct a five-bay self-service car wash on the vacant lot adjacent to the existing car wash at 920 South Kirkwood Road.  The petitioner has proposed that the existing car wash would be demolished and an office building be constructed at the 920 South Kirkwood Road site.

The three single-family residences to the east on Chester Avenue and Taylor Avenue are zoned R-4.  The property to the south across Chester is zoned B-3 and developed with a motorcycle sales and service facility.  The properties to the north across a creek are zoned I-1 and developed with three multi-tenant office buildings. 

COMPREHENSIVE PLAN & LAND USE:

The existing site is designated for Suburban Density Use by the Vision 2015 Comprehensive Plan. As such, this project should be considered as a non-conforming request for development under the Vision 2015 Comprehensive Plan.

DISCUSSION:

The petitioner made a presentation describing the scope, character, and layout of the project at the April 4, 2007, Planning and Zoning Commission meeting.  Comments and questions from the Commission were discussed and a Subcommittee was appointed to study the project.  On April 11, 2007, the Subcommittee met at the site with the petitioner.

The Vision 2015 Land Use Plan of the City of Kirkwood designates this area for Suburban Density Residential and does not support a future zone change.  The proposed rezoning from R-4 (Residential) to B-3 (Highway Business District) does not conform to the City’s Vision 2015 Comprehensive Plan. 

If the petitioner desires to construct an Office building at the 920 South Kirkwood site, he should file a separate petition for such and not tie the site plan to a rezoning at another location. There are flood plain, storm water, and building elevation issues which need to be addressed on the South Kirkwood Road parcel, which are separate from the rezoning of the adjacent site.

RECOMMENDATION:

This petition does not conform to the recommendations, policies, and land use designation of the Vision 2015 Comprehensive Plan. 

The petitioner did not provide any compelling reason for rezoning this property from a residential district to B-3, a commercial district.  The petitioner did not provide any evidence of a benefit to either the City or the community for commercial development in this area. The petitioner has not presented any evidence of any significant need that would outweigh the disadvantages of rezoning this area to commercial.

The Subcommittee recommends the request for B-3 zoning and Site Plan Approval be denied.

Respectfully submitted,

David Osborn               Larry Ross

Motion was made by Mr. Soraghan and seconded by Mr. Bliss to approve the subcommittee report.  The motion passed 5 to 2 (In Favor:  Bliss, Golterman, Osborn, Soraghan, and Waltz; Opposed: Frick and Ross; Absent: Roeser and Starr). 

6.   PZ-34-07  ZONING CODE AMENDMENT, SPECIAL USE PERMIT, & SITE PLAN REVIEW - PRESBYTERIAN MANORS, 505 COUCH AVENUE

     Submitted:  3-30-07  Automatic Recommendation Date:  7-28-07

     Petitioner’s Agent, John King

     {Subcommittee - Mr. Bliss (C), Mr. Ross (S), and Mr. Waltz}

     The subcommittee and the petitioners met at the Kirkwood Community Center on April 25 with approximately 20 residents.  A site visit will be held May 15.

7.   PZ-35-07  AMEND SITE PLAN - 338 SOUTH KIRKWOOD ROAD

     Submitted:  3-30-07   Automatic Recommendation Date:  7-28-07

     Petitioner, Nancy Jackson

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

Motion was made by Mr. Bliss and seconded by Mr. Osborn to approve the amended site plan at 338 South Kirkwood Road.  Mr. Soraghan read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

May 2, 2007

PETITION NUMBER:           PZ-35-07

ACTION REQUESTED:    SITE PLAN REVIEW ~

DIVIDE CONDOMINIUM UNIT #104

KIRKWOOD THEATER/CINEMA LOFTS

PETITIONER:          NANCY JACKSON

PETITIONER’S AGENT:  MICHAEL SCHUKNECHT,

SITE DEVELOPMENT ENGINEERING

PROPERTY LOCATION:   338 SOUTH KIRKWOOD ROAD, UNIT 104

                           DRAWINGS SUBMITTED:  SITE PLAN OF KIRKWOOD CINEMA LOFTS, UNIT 104 DIVIDE STAMPED “RECEIVED MARCH 30, 2007, CITY OF KIRKWOOD PUBLIC WORKS”

DESCRIPTION OF PROJECT:

The petitioner is proposing to divide condominium unit number 104 into two units.

The premises is zoned B-2, General Business.  A restaurant (Einstein’s Bagels) is located on the same property immediately north of the converted theater building.  The properties adjacent to the site on the north, south, and west are also zoned B-2 and are developed with commercial retail and office uses.  The property to the east is zoned B-2 and is being developed as part of the 100 Kirkwood Place Development. 

DISCUSSION:

A Zoning Matters sign was posted on the property April 12, 2007.  The petitioner presented the plan at the April 18, 2007, Planning and Zoning Commission meeting; discussion was held; and a subcommittee was appointed.  On April 24, 2007, the Subcommittee met on the site with the petitioner and Laura Baebler (338 South Kirkwood, Unit 101).  The meeting was posted in accordance with City policy and the Missouri Sunshine Law.

The building was initially renovated to accommodate the two units proposed at this location. No building construction is requested; therefore, no code issues should arise.   The Kirkwood Theater Building site was approved for condominium development by site plan review approval of petition PZ-07-02.

RECOMMENDATION: 

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

1.               The condominium unit shall be divided in accordance with the plans submitted and stamped “Received March 30, 2007, City of Kirkwood Public Works”.

2.               All the previous site plan review approvals and requirements placed upon the developer, Burghoff Development, for this site and premises shall remain in full force and effect.

Respectfully submitted,

Joseph Soraghan           Valery Starr

The motion to approve the petition passed 5 to 2 (In Favor:  Bliss, Golterman, Ross, Soraghan, and Waltz; Opposed: Frick and Osborn; Absent: Roeser and Starr).

Motion was made by Mr. Osborn and seconded by Mr. Ross to approve the subcommittee report.  Motion was made by Mr. Bliss and seconded by Mr. Golterman to amend the Description of Project section of the subcommittee report as follows:  “The petitioner is proposing to divide commercial condominium unit used for offices (Number 104) into two units.”  The amendment passed 6 to 1 (Mr. Frick was opposed and Ms. Starr and Mr. Roeser were absent).  The amended subcommittee report passed 6 to 1 (Mr. Frick was opposed and Ms. Starr and Mr. Roeser were absent). 

8.   PZ-36-07  AMEND SPECIAL USE PERMIT AND SITE PLAN REVIEW McCALLUM PLACE, 845 AND 851 NORTH KIRKWOOD ROAD

     Submitted:  3-30-07  Automatic Recommendation Date:  7-28-07

     Petitioner’s Agent, James R. Hall

{Subcommittee - Mr. Osborn (chair) and Mr. Golterman (secretary)

     Mr. Osborn reported that the subcommittee met at the site April 30 and will have a report at the May 16 meeting.

9.   PZ-37-07  SITE PLAN REVIEW - FRONTENAC BANK, 301 NORTH KIRKWOOD

     Submitted:  3-30-07  Automatic Recommendation Date:  7-28-07

     Petitioner’s Agent, Elmer Wind III

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

Motion was made by Mr. Frick and seconded by Mr. Ross to approve the site plan for 301 North Kirkwood Road.  Mr. Frick read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

May 2, 2007

PETITION NUMBER:           PZ-37-07

ACTION REQUESTED:    SITE PLAN REVIEW (Bank with Drive Thru)

PETITIONER:          FRONTENAC BANK

PROPERTY LOCATION:   301 NORTH KIRKWOOD ROAD

                           DRAWINGS SUBMITTED:  SITE AND LANDSCAPE PLAN PREPARED BY WIND ARCHITECTURAL GROUP, STAMPED “RECEIVED APRIL 26, 2007” CITY OF KIRKWOOD PUBLIC WORKS.

ZONING:                    B-2

DESCRIPTION OF PROJECT:

The petitioner is requesting site plan approval of a bank with a drive thru on the northwest corner of West Adams Avenue and North Kirkwood Road.

COMPREHENSIVE PLAN & LAND USE:

The site is designated for General Commercial Use by the Vision 2015 Comprehensive Plan.  The proposed bank is a permitted use in the B-2 zoning district. .

DISCUSSION:

Two Zoning Matters signs were posted on the property March 12, 2007.  The petitioner presented his plan at the April 18, 2007, Planning and Zoning Commission meeting; discussion was held and a subcommittee was appointed.  The Subcommittee met on the site on April 25, 2007.   The meeting had been posted in accordance with City Policy and the Missouri sunshine Law.

RECOMMENDATION: 

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

     1.   The project shall be constructed in accordance with the site and landscape plan “Received April 16, 2007, City of Kirkwood Public Works”, except as noted herein.

2.               A performance guarantee in the amount of $65,000 shall be submitted to the City of Kirkwood prior to the issuance of a parking lot permit. The performance guarantee shall be submitted with six months of this approval or the approval shall become null and void.

3.               An administrative fee in the amount of $2,500 shall be submitted before acceptance of the performance guarantee by the City.  The fee supports site inspection and project administration costs.

4.               A twelve-foot (12’) wide strip of ground along Kirkwood Road shall be dedicated to the City of Kirkwood for public use.

5.               A ten-foot (10’) wide utility easement shall be granted to the City along the south, north and west boundaries of the property.

6.               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.

7.               A new integral concrete curb and exposed aggregate sidewalk shall be constructed to City standards along the Adams Avenue and Kirkwood Road frontages.  The sidewalk shall be a minimum of eight feet wide. 

8.               The cobra head street light at the intersection shall be removed and two decorative streetlights installed along Kirkwood Road in conformance with the Kirkwood Road streetscape project.

9.               The pavement radius at the intersection of Kirkwood Road and Adams Avenue shall be reconstructed to a 32-foot radius with a six-inch high, full-depth vertical curb except at wheelchair ramp locations.  The ramps shall meet ADA requirements and satisfy the construction standards of the City of Kirkwood. 

10.           The Kirkwood Road access to the property shall be designated as a one-way right turn in only entrance (No Exit).

11.           Plans shall be approved by St. Louis County Department of Highways and Traffic prior to the issuance of a grading, foundation or building permit.  Excavations and construction on the Adams Avenue right-of-way shall be constructed to St. Louis County Department of Highways and Traffic standards.

12.           An area at the corner of Kirkwood Road and Adams Avenue formed by the arcs of a 20-foot radius shall be dedicated to the City of Kirkwood for public use prior to the issuance of a grading, foundation, or building permit.  The twelve-foot (12’) wide sidewalk and utility easement shall run behind this dedication area. 

13.           The street pavement of Kirkwood Road adjacent to this site shall be widened 3.5 feet to an overall width of 49.5 feet, resulting in four 10-foot wide lanes and one 9.5-foot wide left turning lane.

14.           A variance shall be obtained for the front yard setback for the building on Adams Avenue prior to the issuance of a grading, foundation, or building permit and within six months of this approval.  Failure to obtain the variance within six months shall make this site plan approval null and void. 

15.           If a dumpster is provided on the site, the dumpster shall be enclosed with a sight-proof wall or fence (e.g. board-on-board, 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.

16.           During excavation and construction activities the construction area shall be fully enclosed by a six-foot (6’) high chain link fence to prevent the entry of unauthorized persons.  The gate for the fence shall be locked during non-working hours.

17.           Erosion and sediment control devices, if required, shall be sufficient to protect all off-site property from siltation and shall be installed prior to beginning of any grading or construction. The siltation control measures shall be installed and approved by the Public Works Department prior to issuance of a building permit.  These devices shall be maintained during the construction activities. 

18.           Due to the location of this parcel in the Downtown area, the Architectural Review Board shall review and approve the exterior building design and signage prior to issuance of a building permit.

19.  This approval is subject to all the Standard Conditions attached as Exhibit A.

Respectfully submitted,

Greg Frick           Valery Starr

The motion to approve the petition was unanimously approved by the members present (Mr. Roeser and Ms. Starr were absent).

Motion was made by Mr. Ross and seconded by Mr. Frick to approve the subcommittee report.  Motion was made by Mr. Osborn and seconded by Mr. Frick to amend the Discussion section of the subcommittee report as follows:  “...posted on the property April 12, ...” and amend Recommendation of Approval No. 1 to read: “... April 26 ...” The amendment was unanimously approved by the members present (Ms. Starr and Mr. Roeser were absent).  The amended subcommittee report was unanimously approved by the members present (Ms. Starr and Mr. Roeser were absent).

10.  PZ-01-08  SITE PLAN REVIEW - OFFICE BUILDING, 140/144 PROSPECT

     Submitted:  4-13-07  Automatic Recommendation Date:  8-11-07

     Petitioner, Dan Head, John Pennington

     Mr. Head and Mr. Pennington were present.  The petitioner is proposing a 4,950 square foot, one-story office building on the 95’x150’ lot, which is in the B-3 Zoning District. 

     Chairman Waltz appointed Mr. Golterman and Mr. Roeser to the subcommittee.

There being no further business, the meeting adjourned at 8:40 p.m.  The next meeting is scheduled for May 16, 2007, 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.