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Planning & Zoning Commission Minutes

May 21, 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, May 21, 2008, at Kirkwood City Hall. City Council Member Iggy Yuan, 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 7:02 p.m.  Ms. Starr was absent but expected to arrive. 

2.   Motion was made by Mr. Bliss and seconded by Mr. Soraghan to approve the minutes as written for the April 16, 2008, meeting.  The motion was unanimously approved by the members present (Ms. Starr was absent).

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

     Submitted:  10-31-07  Automatic Recommendation:  7-22-08

     Petitioner, Bruce Mills

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

     Mr. Golterman).

     Due to the flooding of the Meramec River, the traffic consultant has been unable to perform a traffic study for Mills Properties.

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)}

     Due to a revised site plan being submitted on May 12 and that the subcommittee members weren’t available to meet, Novus Development extended the Automatic Recommendation of Approval date to June 19, 2008.  The Subcommittee will schedule another meeting at the site.

Ms. Starr arrived at 7:06.

     Since Chairman Waltz’ term expires, he appointed Mr. Frick to replace him as a subcommittee member.

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)}

     Motion was made by Mr. Ross and seconded by Mr. Osborn to approve the request for a rezoning and site plan approval for a parking lot at 10551 Big Bend Boulevard.  Ms. Starr and Mr. Golterman read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

May 21, 2008

     PETITION NUMBER:           PZ-21-08

                     ACTION REQUESTED:    REZONE R-5 TO B-3 AND SITE PLAN REVIEW FOR AN     ACCESSORY PARKING LOT

     PETITIONER:          RICHARD M. SMITH

                     PROPERTY LOCATION:   10551 BIG BEND BOULEVARD

                           DRAWINGS SUBMITTED:  SITE PLANS PREPARED BY JAMES ENGINEERING RECEIVED FEBRUARY 1, 2008, AND MAY 14, 2008 

DESCRIPTION OF PROJECT:

The petitioner is proposing to rezone 10551 Big Bend Boulevard from R-5 to B-3 and construct a five-space parking lot as an accessory use to the existing building, which will be renovated for office use.

The duplex to the north is zoned R-5, and the single-family residence to the east is zoned R-4.  The vacant lot to the southeast and the office to the east are zoned B-1 and are under common ownership with an approved site plan for a parking lot.  The single-family residence to the west is zoned B-3 and has an application pending to rezone it to R-4. 

COMPREHENSIVE PLAN & LAND USE:

The existing site is designated for Medium High Density Residential 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.  However, the use of this site as an office would be less intense than a multi-family development. 

DISCUSSION:

The petitioner made a presentation describing the scope, character, and layout of the project at the February 20, 2008, Planning and Zoning Commission meeting.  Comments and questions from the Commission were discussed and a Subcommittee was appointed to study the project.  The Subcommittee met at the site on February 28, 2008. Notice of the meeting had been posted in accordance with City policy and the Sunshine Law.

RECOMMENDATION:

The site is unique as the surrounding developed properties make residential zoning unattractive to potential homebuyers.  A rezoning to a commercial use fits into the neighboring development patterns.

The Subcommittee recommends the future land use map in the Comprehensive Plan be revised to show this parcel as commercial and recommends the City Council rezone this parcel to B-3 and approve the site plan with the following conditions:

1.               The project shall be consistent with the plans submitted and stamped “May 14, 2008, 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 permit.  The performance guarantee shall be submitted within six months of the final approval date or the approval shall become null and void.

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

4.               The performance guarantee and administrative fee are due to the City within six months of City Council approval.  Failure to provide the performance guarantee and administrative fee within this period shall render this approval null and void.

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. 

6.               The proposed commercial entrance to Big Bend Road shall be reconstructed to City standards and approved by the St. Louis County Department of Highways and Traffic standards prior to the issuance of any permits (See attached letter from St. Louis County dated February 25, 2008).

7.               If a dumpster is to be used on site, dumpster enclosures are required to screen all dumpsters on the site and  shall be constructed of sight-proof materials (e.g. board-on-board, masonry, vinyl, 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.

8.   A revised landscaping plan shall be submitted that would include plantings within the 20-foot wide buffer along the north and east property lines abutting the residential districts.  This area shall be planted with trees and shrubs to provide a dense screen to within ten feet of the Ohlman Avenue right-of-way.

9.   For buffering/screening purposes, a sight-proof fence or wall not less than six feet in height shall be constructed and maintained along the north and east property lines abutting the residential districts.  The fence or wall shall be of solid masonry, vinyl, split-faced concrete block units, board-on-board wood, or other materials as approved by the City.

10.  There shall be no storage of building materials outside of an enclosed structure.

11.  Prior to the issuance of an occupancy permit, the yard shall be cleaned up, and the vegetation along the west property line shall be cut back.

12.  Approval of this site plan does not include approval of the “Pro. Future Drive” and “Pro. Future Parking/Storage” area.  Paving of this area shall require submittal of a site plan for review and approval by the Planning and Zoning Commission.

13.  Accessible parking shall conform to City standards.

14.  A ten-foot wide utility easement shall be granted to the City for public utilities along the Big Bend Boulevard right-of-way. 

15.  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 shall be shown on the consolidation plat.

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

     Respectfully submitted,

     Edw. D. Golterman          Valery Starr   

     The motion to approve the rezoning and site plan was unanimously approved. 

     Motion was made by Mr. Osborn and seconded by Mr. Soraghan to approve the subcommittee report recommending approval of the rezoning and site plan.  The motion was unanimously approved.

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

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

     City Attorney Hessel reported his office will be reviewing the Zoning Code and where the word “use” appears in the Code.

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

     (Subcommittee - Ms. Starr and Mr. Golterman)

     Since Ms. Starr’s term expires, Chairman Waltz replaced her on the subcommittee with Mr. Soraghan.

8.   ELECTION OF OFFICERS

     The following officers were elected by acclamation:

Larry Ross, Chairman

David Osborn, Vice Chairman

Joseph Soraghan, Secretary/Treasurer

9.   Since this was Chairman Waltz’ last meeting, Mr. Ross presented him with a personalized gavel to thank him for his service on the Planning and Zoning Commission and as Chairman.

There being no further business, the meeting adjourned at 7:45 p.m.  The next meeting will be held June 19, 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.