May 16, 2007

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, May 16, 2007, at Kirkwood City Hall. City Attorney John Hessel, Public Works Director Kenneth D. Yost, 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 7:00 p.m.  Ms. Starr was expected to arrive.

2.   Motion was made by Mr. Ross and seconded by Mr. Bliss to approve the minutes as written for the May 2, 2007, meeting.  The motion was unanimously approved by the members present (Ms. Starr was 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)

Motion was made by Mr. Soraghan and seconded by Mr. Bliss to approve the special use permit and site plan submitted by Kirkwood Masonry for a contractor’s yard.  Mr. Bliss and Mr. Soraghan read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

MAY 16, 2007

PETITION NUMBER:           PZ-26-07

ACTION REQUESTED:    SPECIAL USE EXCEPTION (CONTRACTOR’S YARD) AND

SITE PLAN REVIEW

PETITIONER:          DANIEL HEAD, DBA TRI-NINAS LLC

PROPERTY LOCATION:   404 EAST ELLIOTT AVENUE

                           DRAWINGS SUBMITTED:  SITE PLAN PREPARED BY McDANIEL ENGINEERING AND SURVEYING CO. STAMPED "RECEIVED APRIL 19, 2007, CITY OF KIRKWOOD PUBLIC WORKS”

                                              LANDSCAPE PLAN PREPARED BY LUNA LANDSCAPING STAMPED “RECEIVED APRIL 26, 2007, CITY OF KIRKWOOD PUBLIC WORKS”

ZONING:         I-1 LIGHT INDUSTRIAL

DESCRIPTION OF PROJECT:

The petitioner recently demolished a single-family residence and is proposing to pave the site, install a six-foot high sight-proof fence around the perimeter, and utilize the site as a contractor’s yard.  Two points of ingress and egress are proposed, one on Leffingwell Avenue and one on East Elliott Avenue. 

COMPREHENSIVE PLAN & LAND USE:

The properties to the north, south, and east are zoned I-1 and developed with single-family residences.  The property to the west is zoned I-1 and developed with a moving/storage facility.

This existing site and the surrounding area are designated for Light Industrial Use by the Vision 2015 Comprehensive Plan.  The proposed development is considered a light industrial use and conforms to the development policies presented by the Plan.

DISCUSSION:

On January 17, 2007, the petitioner presented a site plan showing a two-story 5,600 square foot office building with an outdoor storage area, discussion was held, and a subcommittee was appointed.  The Subcommittee met on the site on January 22, 2007, with Daniel Head; Cindy Edwards, of 447 East Elliott; and Gloria Daily, of 418 East Elliott.   On March 16, a revised site plan was submitted that eliminated the building; and the subcommittee met again on March 26 with Daniel Head. 

On April 19, 2007, a revised site plan was submitted; and the subcommittee met on the site with Daniel Head on May 2, 2007. 

RECOMMENDATION: 

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

1.               The project shall be constructed in accordance with the plans as approved by the City Council and consistent with the plans submitted and stamped “Received April 19, 2007, City of Kirkwood Public Works”, except as noted herein.

2.               A performance guarantee in the amount of $44,000 shall be submitted to the City of Kirkwood within six months of approval and prior to the issuance of a parking lot permit.  Failure to provide the performance guarantee within six months of the approval date, shall result in the approval becoming null and void.

3.               An administrative fee in the amount of $1,680 shall be submitted before acceptance of the performance guarantee by the City.  The fee supports site inspection and project administration costs. 

4.               Storm water management plans shall be submitted to Metropolitan Sewer District  (MSD) and City for review and approval prior to issuance of a parking lot permit.   Storm water greater than one c.f.s. shall not be directed across the public sidewalk or driveway entrances.  Storm water detention is at the discretion of MSD.

At least one storm water inlet shall be provided on the site with the storm water piped to the creek or to an MSD-maintained system.

5.               Two fire hydrants shall be installed, one at the intersection of Leffingwell and East Elliott and the other 300 feet south on Leffingwell from the hydrant to be installed at the intersection.

6.               The sight-proof fence along the Leffingwell Avenue and Elliott Avenue frontages of the property shall be six feet in height and constructed of board-on-board, vinyl, masonry, split-faced concrete masonry units, etc.  (chain link shall not be utilized).

7.               Concrete sidewalks shall be installed to City standards on the Elliott Avenue and Leffingwell Avenue frontages.

8.               The existing asphalt curb shall be removed and replaced with a six-inch full-depth concrete curb beginning at the east property line on East Elliott Avenue and extending to a point 132 feet north of the south property line on Leffingwell Avenue.  The intersection shall be constructed to ADA and City accessibility standards with a 32 foot radius.

9.               Existing entrance 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.

10.           If a dumpster is provided on the site, a dumpster enclosure is 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.

11.           An area at the corner of Leffingwell Avenue and Elliott 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 permit. 

12.           A ten-foot wide utility easement shall be granted to the City along the public rights-of-way of Elliott Avenue and Leffingwell Avenue prior to the issuance of a permit.

13.  Any parking lot lighting shall be directed to the grade below. The lighting fixtures shall be designed and oriented to minimize light “trespass” onto neighboring properties. 

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

Respectfully submitted,

Joseph Soraghan                      Malcolm Bliss

Ms. Starr arrived at 7:05.

Mr. Osborn suggested Condition of Approval No. 15 be added, as follows: “The landscape area depicted on the Landscape Plan shall be adequately maintained and watered, and it is recommended that the developer install an automatic sprinkler system.”

The motion to approve the special use permit and site plan was approved eight to one (Mr. Golterman was opposed). 

Motion was made by Mr. Osborn and seconded by Mr. Golterman to add Condition of Approval No. 15, as follows:  “The landscape area depicted on the Landscape Plan shall be adequately maintained and watered, and it is recommended that the developer install an automatic sprinkler system.” The motion failed four to five (In Favor: Mr. Frick, Mr. Golterman, Mr. Osborn, and Mr. Soraghan; Opposed: Mr. Bliss, Mr. Roeser, Mr. Ross, Ms. Starr, and Mr. Waltz) The subcommittee report passed eight to one (Mr. Frick was opposed).

4.   PZ-34-07  ZONING CODE AMENDMENT, SPECIAL USE PERMIT, & SITE PLAN REVIEW - ASHFIELD ACTIVE LIVING AND WELLNESS COMMUNITIES, 525 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 site on May 15.  Due to the weather, another site visit will be held May 24. 

5.   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)

     Motion was made by Mr. Osborn and seconded by Mr. Golterman to approve the special use permit amendment and site plan submitted by McCallum Place.  Mr. Osborn read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

MAY 16, 2007

PETITION NUMBER:     PZ-36-07

ACTION REQUESTED:    AMEND SPECIAL USE EXCEPTION AND

SITE PLAN REVIEW

               DOMICILIARY HOME FOR EATING DISORDERS

PETITIONER:          McCALLUM PROPERTIES, L.L.C. – MARK McCALLUM

PROPERTY LOCATION:   845 AND 851 NORTH KIRKWOOD ROAD

                           DRAWINGS SUBMITTED:  SITE PLANS PREPARED BY HALL & HALSEY ASSOCIATES, INC. STAMPED RECEIVED “MARCH 30, 2007” AND “MAY 3, 2007, CITY OF KIRKWOOD PUBLIC WORKS”; ADDITIONAL PARKING LAYOUT STAMPED “RECEIVED APRIL 18, 2007” AND TREE STUDY AND PRESERVATION PLAN PREPARED BY SKIP KINCAID & ASSOCIATES AND STAMPED "RECEIVED MARCH 30, 2007”;

ZONING:         R-4 SINGLE FAMILY

DESCRIPTION OF PROJECT:

The existing domiciliary home, which provides housing and counseling for up to eight women with eating disorders, operates under a special use permit granted in 2005.  The petitioner is proposing renovations and additions to the existing buildings for an additional four patients, which will also increase staff from six to eight employees on the maximum shift. 

COMPREHENSIVE PLAN & LAND USE:

This existing site is designated for Suburban Density Residential Use by the Vision 2015 Comprehensive Plan.  The proposed improvements to the site maintain the residential character of the neighborhood and are consistent with the development policies presented by the Plan.

DISCUSSION:

The petitioner presented his site 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 with Mark McCallum, John King, and Jim Hall, on April 30, 2007.  Notice of the meeting had been properly posted.

RECOMMENDATION: 

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

1.               The project shall be constructed in accordance with the plans as approved by the City Council and consistent with the plans submitted and stamped “Received May 3, 2007, City of Kirkwood Public Works”, except as noted herein.

2.               A performance guarantee in the amount of $10,000 shall be submitted to the City of Kirkwood prior to the issuance of a building permit.   In the event the performance guarantee is not submitted within six months of approval, the approval shall become null and void.

3.               An administrative fee in the amount of $1,000 shall be submitted before acceptance of the letter of credit by the City.  The fee supports site inspection and project administration costs. 

4.               Obtain M.S.D. review of storm water management.

5.               The four parking spaces proposed on the “Additional Parking Layout” plan shall be relocated across the drive aisle adjacent to the accessible space.

6.               Excavations or construction along this portion of the Kirkwood Road right-of-way shall be approved by the Missouri Department of Transportation (MODOT) prior to the issuance of a building permit.

7.               All Conditions of Approval listed in Ordinance No. 9491 shall remain in effect unless conflicting with this approval.

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

Respectfully submitted, 

David Osborn                    Ed Golterman

The motion to approve the special use permit amendment and site plan was unanimously approved. 

Motion was made by Mr. Osborn and seconded by Mr. Soraghan to approve the subcommittee report.  The subcommittee report was unanimously approved.

6.   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

     (Subcommittee - Mr. Golterman and Mr. Roeser)

Mr. Head and Mr. Pennington were present.  Mr. Golterman reported the subcommittee met at the site and the Fire Marshal is requiring the installation of 375 feet of 8-inch water main.

7.   PZ-02-08 SITE PLAN REVIEW-RETAIL/OFFICE BUILDING, 214/218 N. CLAY

     Submitted:  4-27-07   Automatic Recommendation Date:  8-25-07

     Petitioner’s Agent, Paul Boyer

     Paul Boyer, of Civil Engineering Design Consultants, and Jeff Mugg, of St. Louis Design Alliance, were present.  Mr. Boyer stated they are proposing to demolish two buildings and construct a two-story building containing 1,800 square feet of retail space and 18 parking spaces on the first floor and 6,000 square feet of office space on the second floor.

     Chairman Waltz appointed Mr. Golterman (chair) and Mr. Ross (secretary) to the subcommittee.

8.   PZ-03-08  REZONE R4 TO B3 AND SITE PLAN REVIEW - ACUPUNCTURE CLINIC, 10557 BIG BEND

     Submitted:  4-27-07  Automatic Recommendation Date:  7-26-07

     Petitioner, Qinggen Zhang

     The petitioner is proposing to rezone 10557 Big Bend Road, which contains a single-family residence, from R4 to B3 to convert the residence into an acupuncture clinic and construct a parking lot containing seven parking spaces.

     Chairman Waltz appointed Mr. Soraghan (chair) and Mr. Frick (secretary) to the subcommittee.  The subcommittee scheduled a site meeting for May 21 at 8:15 a.m.

9.   PZ-04-08  SITE PLAN REVIEW-SCHAUB DESIGN GROUP, 1045 N. HARRISON

     Submitted:  4-27-07   Automatic Recommendation Date:  8-25-07

     Petitioner, David Schaub

     Mr. Schaub stated that a fire in March destroyed his office building and he is proposing to construct a two-story office building with ten parking spaces. 

     Chairman Waltz appointed Ms. Starr (chair) and Mr. Roeser (secretary) to the subcommittee.

10.  PZ-27-07A AMEND B5 DEVELOPMENT PLAN-CHIPOTLE, 1255 SOUTH KIRKWOOD

     Submitted:  4-27-07 

     Petitioner’s Agent, Brett Gray

     Chipotle Restaurant received approval in February for a B5 Development Plan to construct a restaurant at 1255 South Kirkwood Road.  They are requesting an amendment to allow outdoor seating and music on the patio area on the north and east sides of the building.

     Motion was made by Mr. Osborn to approve the request submitted by Chipotle Restaurant to amend their B5 Development Plan to include outdoor seating as shown on the site plan submitted April 27, 2007, with outdoor music permitted during the hours of 10 a.m. to 10 p.m. Motion was seconded by Ms. Starr and unanimously approved.

There being no further business, the meeting adjourned at 8:40 p.m.  The next meeting is scheduled for June 20, 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.