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Planning & Zoning Commission Minutes

June 20, 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, June 20, 2007, at Kirkwood City Hall. Council Member Tim Griffin, 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. 

2.   Motion was made by Mr. Soraghan and seconded by Mr. Bliss to approve the minutes as written for the May 16, 2007, meeting.  The motion was unanimously approved by the members present.

3.   PZ-04-06A AMEND SITE PLAN-DOC’S HARLEY DAVIDSON, 930 S KIRKWOOD

     Submitted:  6-6-07

     Petitioner, Patti Bush

     Gene Brockland was present representing the petitioner.  Mr. Brockland stated they are requesting relief from Condition of Approval No. 6 on the subcommittee report dated December 6, 2006, which required ivy to be planted adjacent to the new retaining wall along Chester Avenue and Taylor Avenue.   

     Motion was made by Mr. Soraghan and seconded by Mr. Osborn to continue this item to the July 18 meeting.   Motion passed 8 to 1 (Mr. Waltz 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}

John King was present.  Motion was made by Mr. Osborn and seconded by Mr. Bliss to approve the amendment to the Zoning Code, special use permit, and site plan submitted by Ashfield Active Living and Wellness Communities for a continuing care retirement community at 505, 525, and 533 Couch Avenue.  Mr. Bliss and Mr. Waltz read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

June 20, 2007

PETITION NUMBER:           PZ-34-07

     ACTION REQUESTED:    AMENDMENT TO THE ZONING CODE, SPECIAL USE EXCEPTION (CONTINUING CARE RETIREMENT COMMUNITY) AND SITE PLAN REVIEW

PETITIONER:               ASHFIELD ACTIVE LIVING AND WELLNESS COMMUNITIES, INC.

PROPERTY LOCATION:   505, 525, AND 533 COUCH AVENUE

                           DRAWINGS SUBMITTED:  CONCEPTUAL SITE PLAN STAMPED "RECEIVED MARCH 30, 2007, CITY OF KIRKWOOD PUBLIC WORKS”

                     ZONING:               R-3 ZONING DISTRICT

DESCRIPTION OF PROJECT:

The petitioner is requesting a special use permit and site plan review approval for a “Continuing Care Retirement Facility” for older adults on  the present 21-acre St. Joseph Hospital site to construct a multi building complex for Older Adult Independent Living, Catered Living, Skilled Care, and Memory Support Living. The complex will consist of 2 four-story Independent Living Apartments with a total of 250 dwelling units, a two-story Catered Living Building with 30 units, a two-story Memory Care facility with 15 suites, a one-story skilled nursing facility with 38 units, 18 cottage Homes, a three-story commons building, an aquatic/wellness center,  and accessory buildings. The existing hospital and doctor buildings on the site would be removed. Approximately 60% of the site would be landscaped open space (compared with approximately 32% landscaped open space on the hospital site today.)  A total of 419 parking spaces are proposed, 250 below grade, 133 surface, and 36 for the 18 cottages.  The petitioner is proposing amendments to the Kirkwood Zoning Code to recognize this type of comprehensive facility as a special use permit. 

COMPREHENSIVE PLAN & LAND USE:

The existing site is designated for Institutional Use by the Vision 2015 Comprehensive Plan.  The proposed use is consistent with the development policies presented by the Plan.

DISCUSSION:

The petitioner presented the site plan at the April 18, 2007, Planning and Zoning Commission meeting. Discussion was held and a subcommittee of Larry Ross, Malcolm Bliss, and Tom Waltz was appointed to further review the project.   The Subcommittee met at the Kirkwood Community Center with John King, attorney for the petitioner; William  Ward, President and CEO of Presbyterian Manor; Doug Yoder, President of Presbyterian Manor; Gene Guszkowski, architect; John Cronin, architect; and approximately 15 residents of the area.  The meeting had been properly posted in accordance with the Missouri Sunshine Law and City policy. 

A second subcommittee meeting was scheduled for May 15, 2007, as an on-site visit.  The meeting had been properly posted in accordance with the Missouri Sunshine Law and City policy.  The meeting was moved indoors due to heavy rainfall, and the on-site meeting was re-scheduled for May 24, 2007.  The re-scheduled meeting was properly posted in accordance with the Missouri Sunshine Law and City policy. 

RECOMMENDATION: 

The Subcommittee recommends the Zoning Code be amended as outlined on EXHIBIT A subject to review by the City Attorney and the Special Use Permit and Site Plan be approved with the following conditions:

1.               The project’s construction shall be consistent with the conceptual plans submitted and stamped “Received March 30, 2007, City of Kirkwood Public Works”, except as noted herein.

2.               The project shall not exceed the following unit density:

a.   Two 4-story Independent Living Apartments with a total of 250 dwelling units,

     b.   One 2-story Catered Living Building with 30 units,

     c.    One 2-story Memory Care facility with 15 suites,

     d.   One 1- story Skilled Nursing facility with 38 units, and

     e.   18 Cottage Homes.

     3.   Minimum parking spaces shall be provided as follows:

a.   One underground parking space plus 1/2 surface or underground parking space for each Independent Living Apartment dwelling units (375 required per conceptual plan);

     b.   Twenty-three parking spaces for Commons Building;

c.   One parking space for each 4 units in the Skilled, Catered, and Memory Care facility (21 spaces required per conceptual plan); and

d.   Two parking spaces for each cottage (36 spaces required per conceptual plan).

If fully developed and consistent with the conceptual plan, the total parking spaces required will be 455 spaces.

4.               The height of the buildings shall not exceed the number of stories on the conceptual plan or 78 feet as measured from the floor grade of the underground parking structure to the peak of the roof.  Furthermore, no building shall exceed an elevation of 735 feet, as determined from the established benchmark at Couch/Craig (El 657.75) (The elevation of the tallest existing building on the site is 758 feet)

5.               A performance guarantee in the amount of $900,000 shall be submitted to the City of Kirkwood prior to the issuance of building permits.

6.               An administrative fee in the amount of $18,800 shall be submitted before acceptance of the performance guarantee by the City.  The fee supports site inspection and project administration costs. 

7.               Storm water management plans shall be submitted to Metropolitan Sewer District (MSD) and City for review and approval prior to issuance of a foundation letter or building permit.   Storm water greater than one c.f.s. shall not be directed across the public sidewalk or driveway entrances.  Above ground storm water detention shall be fenced with decorative fencing (chain link or similar wire fencing shall not be used).

8.               Sanitary sewer plans shall be approved by MSD prior to issuance of a foundation letter or building permit.

9.               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.

10.           All City sidewalks and curbs shall be replaced to City standards along the Couch Avenue and Craig Avenue frontages of the project. New five-foot wide sidewalks shall be installed to City Standards.  Existing entrances shall be removed and reconstructed in concrete in accordance with City standards.

11.           Ann Avenue shall be widened on the south side for approximately 50 feet west of Couch Avenue to a total of 26 feet wide measured back to back of curb. (Widening shall be approximately 2.5 feet).  The pavement radius at the intersection of Couch Avenue and Ann 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. 

12.           Buildings and parking areas shall be set back a minimum of 40 feet from all property lines.

13.           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.

14.           If the Electric Substation remains on the site or is relocated in the site it shall be screened with vegetation such as evergreen trees and plants.

15.           A dense planting screen or wall/fence shall be provided and maintained along the west property line abutting the residential properties. 

16.           An area at the corner of Couch and Ann Avenues 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 foundation letter or building permit.

17.            A ten-foot wide utility easement shall be granted to the City for public utilities along the perimeter of the property, including along public right-of-way.

18.           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.

19.           If granted by the Council, this approval shall be valid for four years from the date of approval.  Failure to submit an application and plans for a building permit and the required performance guarantee shall cause the special use permit and site plan approval to become null and void four years from the date of the approval of the ordinance.

20.           The applicant shall comply with all standard conditions as listed on Exhibit B.

Respectfully submitted,

Malcolm Bliss         Thomas Waltz         Larry Ross

Mr. Osborn made a motion to amend his motion to make an amendment   to the Zoning Code by adding the following definition to Section A-3(b): Continuing Care Retirement Facility: A building or complex of buildings that provides elderly housing, catered living, and/or assisted living dwelling units, skilled and intermediate care nursing units and accessory services for residents of the facility; and programs, outpatient care and rehabilitation services provided by the facility to the general public. In addition, amend Section A-33(c) of the Zoning Code by inserting a new special use permit category in the R-3 Zoning District provisions as follows: “Continuing Care Retirement Facility on a minimum of ten (10) acres; parking and building height requirements will be established by the Planning and Zoning Commission and subject to the approval of the City Council as part of a Special Use Permit.”  The motion was seconded by Mr. Bliss and unanimously approved.  

Motion was made by Mr. Ross and seconded by Mr. Bliss to approve the special use permit and site plan.

     Motion was made by Mr. Soraghan and seconded by Mr. Osborn to amend Condition of Approval No. 4 by adding, “...conceptual plan, but no higher than 78 feet...”.  Motion was unanimously approved.

     The motion to approve the special use permit and site plan was unanimously approved.  Motion was made by Mr. Osborn and seconded by Mr. Soraghan to approve the amended subcommittee report.  Motion was unanimously approved.

5.   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. Pennington was present.  Motion was made by Mr. Bliss and seconded by Mr. Soraghan to approve the site plan for an office building at 140/144 Prospect Avenue.  Mr. Golterman and Mr. Roeser read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

June 20, 2007

PETITION NUMBER:           PZ-01-08

ACTION REQUESTED:    SITE PLAN REVIEW - ONE-STORY OFFICE BUILDING

PETITIONER:          DAN HEAD AND JOHN PENNINGTON

PROPERTY LOCATION:   140 AND 144 PROSPECT AVENUE

 

                           DRAWINGS SUBMITTED:  SITE PLAN PREPARED BY McDANIEL ENGINEERING AND SURVEYING CO. INC., STAMPED "RECEIVED MAY 17, 2007, CITY OF KIRKWOOD PUBLIC WORKS”

DESCRIPTION OF PROJECT:

The petitioner is proposing to remove a single-family residence at 140/144 Prospect Avenue and construct a 4,950 square foot, one-story office building on the 95’x150’ parcel.  Seventeen parking spaces and one 10’x25’ loading space would be provided on the site and ten additional spaces would be provided through a permanent access easement to the adjoining parking lot to the east at 136 Prospect Avenue.

This site is zoned B-3 and is surrounded on three sides by B-3 zoned properties and I-1 zoning to the north across Prospect Avenue. 

COMPREHENSIVE PLAN AND LAND USE:

The existing site is designated for General Commercial Use by the Vision 2015 Comprehensive Plan.  The proposed building is consistent with the development policies presented by the Plan.

DISCUSSION:

A Zoning Matters sign was posted on the property April 25, 2007.  The petitioner presented his site plan at the May 2, 2007, Planning and Zoning Commission meeting; discussion was held and a Subcommittee was appointed.  The Subcommittee met on the site on May 11, 2007.  Notice of the meeting had been properly posted in accordance with City policy and the 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 stamped “Received May 17, 2007, City of Kirkwood Public Works”, except as noted herein.

2.   A performance guarantee in the amount of $25,000 shall be submitted to the City within six months of approval and prior to the issuance of foundation letter or building permit Failure to complete the improvements shall result in forfeiture of the guarantee amount to the City of Kirkwood.  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 $1,300 shall be submitted before acceptance of the performance guarantee by the City.  The fee supports site inspection and project administration costs.

4.   The final site plan shall be reviewed and approved by the Fire Department.  Access for fire apparatus shall be provided to within 150 feet of all portions of the exterior walls.

5.   At the developer’s expense, approximately 375 feet of eight-inch water main shall be installed, from the vicinity of the new fire hydrant located at 111 Prospect Avenue to approximately 70 feet west of the existing hydrant at 207 Prospect. 

6.   New concrete curbs shall be constructed to City standards along the Prospect Avenue street frontage.   

7.   Existing entrances shall be removed; and curbs and public right of way restored to City standards.  New entrances shall be constructed in concrete in accordance with City standards

8.   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.

9.   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.

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

11.  A 5-foot wide strip of ground along Prospect Avenue shall be dedicated to the City of Kirkwood for public use prior to the issuance of a foundation letter or building permit. 

12.  A ten-foot wide utility easement shall be granted to the City for public utilities along the perimeter of the property, including along public right-of-way.  The easement may be modified where buildings or significant structures exists with approval of City staff. 

13.  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 a foundation letter or building permit.   All required City easements and dedication strips shall be shown on the consolidation plat.

14.  Within four months of approval and prior to the issuance of a building permit, variances shall be obtained from the Board of Adjustment for the following items:

A.  No parking space, or portion thereof, shall be located closer to any street right-of-way line than ten feet {Zoning Code Section A-72(a)(7)(i)}.

B.  Parking lots shall be separated from abutting streets by planting areas not less than ten feet in width, on private property {Zoning Code Section A-72(a)(7)(m)}.

C.   A parking requirement of 25 spaces is needed for this project. {Zoning Code Section A-72(c)(14).  Only 15 spaces, including one van accessible parking space, are available on your site plan.  A parking variance of 10 spaces and a variance for one loading space is required.  If a permanent parking and access agreement is reached with the abutting property owner and approved by the City, the variance is not required. 

     Failure to receive Board of Adjustment approval on all variances, shall result in the site plan approval becoming null and void.

15.  If you provide and the City approves a permanent parking and access agreement from the abutting property the proposed parking lot on the abutting property at 136 Prospect Avenue shall be completed prior to issuance of occupancy permits for this proposed office building.

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

Respectfully submitted,

Edw. D. Golterman               Joe Roeser

The motion to approve the subcommittee report and site plan passed seven to two (Ms. Starr and Mr. Osborn were opposed). 

6.   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

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

     Michael Gibbons and Jeff Mugg, of Saint Louis Design Alliance, were present.  Mr. Ross read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

June 20, 2007

PETITION NUMBER:           PZ-02-08

ACTION REQUESTED:    SITE PLAN REVIEW - OFFICE/RETAIL BUILDING

PETITIONER:          MICHAEL GIBBONS

PETITIONER’S AGENT:  PAUL BOYER

PROPERTY LOCATION:   214 AND 218 NORTH CLAY AVENUE

                           DRAWINGS SUBMITTED:  SITE PLAN PREPARED BY CIVIL ENGINEERING DESIGN CONSULTANTS, INC., STAMPED "RECEIVED APRIL 27, 2007, CITY OF KIRKWOOD PUBLIC WORKS”

                          LANDSCAPE PLAN PREPARED BY SAINT LOUIS DESIGN ALLIANCE STAMPED “RECEIVED JUNE 19, 2007, CITY OF KIRKWOOD PUBLIC WORKS”

DESCRIPTION OF PROJECT:

The petitioner is proposing to remove two existing buildings at 214 and 218 North Clay Avenue and construct a two-story office/retail building on the 100’x90’ parcel.  Eighteen parking spaces would be provided on the ground floor in addition to the 1,813 square feet of retail space, elevator and its equipment room, and stairs.  The second floor would contain 6,064 square feet of office space. 

This site is zoned B-2 and is surrounded on three sides by B-2 zoned properties and R-5 zoning to the west across Clay Avenue.  An alley on the south side of the property would provide access to the first floor parking.

COMPREHENSIVE PLAN AND LAND USE:

The existing site is designated for Mixed Use by the Vision 2015 Comprehensive Plan.  The proposed building conforms to the development policies presented by the Plan.

DISCUSSION:

A Zoning Matters sign was posted on the property May 9, 2007.  The petitioner presented his site plan at the May 16, 2007, Planning and Zoning Commission meeting; discussion was held and a Subcommittee was appointed.  The Subcommittee met on the site with Mike Gibbons, Paul Boyer, Jim Mills, and Jeff Mugg on May 24, 2007.  Notice of the meeting had been properly posted.

On June 11, 2007, the Board of Adjustment granted a variance of 12 feet to allow the new building to be within 19’-9” feet of the front property line and granted a variance of 16 parking spaces from the 33 parking space requirement

RECOMMENDATION: 

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

1.               The project shall be constructed in accordance with the site plan stamped “Received April 27, 2007, City of Kirkwood Public Works”, except as noted herein.

2.               A performance guarantee in the amount of $16,000 shall be submitted to the City within six months of approval and prior to the issuance of foundation letter or building permit Failure to complete the improvements shall result in forfeiture of the guarantee amount to the City of Kirkwood.  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 $1,120 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 grading permit, foundation letter, or building permit. Storm water greater than one c.f.s. shall not be directed across the public sidewalk or driveway entrances. 

5.               Sanitary sewer plan shall be approved by MSD prior to issuance of a foundation letter or building permit.

6.               The water system shall meet the requirements of the Kirkwood Fire and Water Departments. The Fire Department shall approve the water flow for the project.  If satisfactory water flow is not available from the existing water system in accordance with City policy, the petitioner shall install the necessary mains and accessories.

7.               Existing entrances shall be removed; and sidewalks, curbs, and public right-of-way restored to City standards. 

8.               If a dumpster is used on the premises, it shall be in a dumpster 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.

9.               Deteriorated sidewalk shall be replaced along the frontage of the project.

10.  The owner is to provide a permanent means for a driver exiting the garage to see traffic in the alley to the west to Clay Avenue and 150 feet to the east.

11.  There shall be a strip of grass three feet wide to the east of the sidewalk before the ground cover starts.

12.  A seven-foot wide utility easement shall be granted to the City for public utilities along the Clay Avenue right-of-way.  The easement may be modified where buildings or significant structures exists with approval of City staff.

13.  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.

14.  The Architectural Review Board shall approve the building architectural scheme prior to issuance of a building permit.

15.  The Architectural Review Board shall approve all signs prior to issuance of a sign permit.

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

Respectfully submitted,

Edw. D. Golterman          Larry Ross

Motion was made by Mr. Osborn and seconded by Mr. Ross to amend Condition of Approval No. 10 of the subcommittee report to read, “The owner is to provide and maintain a mirror to allow a driver exiting the garage to adequately see traffic in the alley.” The motion passed 7 to 2 (Mr. Golterman and Mr. Bliss were opposed). 

Motion was made by Ms. Starr and seconded by Mr. Ross to amend the second sentence of the Description of Project to reflect there are seventeen parking spaces.  Motion was unanimously approved.

The amended subcommittee report and site plan were unanimously approved.

7.   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

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

Motion was made by Mr. Frick and seconded by Mr. Roeser to approve the rezoning and site plan for 10557 Big Bend.  Mr. Soraghan read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

June 20, 2007

PETITION NUMBER:           PZ-03-08

ACTION REQUESTED:    REZONE R-4 TO B-3 AND SITE PLAN REVIEW FOR A PARKING LOT

PETITIONER:          QINGGEN ZHANG

PROPERTY LOCATION:   10557 BIG BEND BOULEVARD

                           DRAWINGS SUBMITTED:  SITE PLAN PREPARED BY MAK ARCHITECTS, INC. STAMPED "RECEIVED APRIL 27, 2007, CITY OF KIRKWOOD PUBLIC WORKS”

DESCRIPTION OF PROJECT:

The petitioner is proposing to rezone 10557 Big Bend  Boulevard from R-4 to B-3, construct a seven-space parking lot, and utilize the existing two-story residence as an acupuncture clinic.

The single-family residence to the east and the duplex to the north are zoned R-5.  The motorcycle sales and service facility to the west is zoned B-3.  The multi-tenant development to the south across Big Bend Boulevard is zoned B-5. 

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 May 16, 2007, Planning and Zoning Commission meeting.  Comments and questions from the Commission were discussed and a Subcommittee was appointed to study the project.  On May 21, 2007, the Subcommittee met at the site with Lei Hoo Mack.  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 “April 27, 2007, City of Kirkwood Public Works”, except as noted herein.

2.               A performance guarantee in the amount of $15,000 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 $1,100 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.               New entrance shall be constructed in concrete in accordance with City standards. 

7.               If a dumpster is provided, a dumpster enclosure will be required to screen all dumpsters on the site and  shall be constructed of sight-proof materials (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.

8.               Accessible parking shall conform to City standards.

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

10.           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.

11.           The Architectural Review Board shall approve all signs prior to issuance of a sign permit.

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

Respectfully submitted,

Greg Frick           Joseph Soraghan

Motion was made by Mr. Soraghan and seconded by Mr. Bliss to approve the rezoning of 10557 Big Bend from R-4 to B-3.  The motion passed 6 to 3 (In Favor:  Bliss, Frick, Golterman, Roeser, Ross, Soraghan; Opposed:  Osborn, Starr, Waltz).

Ms. Starr left the meeting momentarily.  Motion was made by Mr. Soraghan and seconded by Mr. Bliss to approve the subcommittee report and site plan.  Motion was unanimously approved by the members present. (Ms. Starr was absent). 

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).

8.   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

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

Motion was made by Mr. Bliss and seconded by Mr. Osborn to approve the site plan submitted by Schaub Design Group for an office building at 1045 North Harrison.  Mr. Roeser and Ms. Starr read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

June 20, 2007

PETITION NUMBER:           PZ-04-08

ACTION REQUESTED:    SITE PLAN REVIEW (OFFICE BUILDING)

PETITIONER:          DAVID J. SCHAUB

PROPERTY LOCATION:   1045 NORTH HARRISON AVENUE

                           DRAWINGS SUBMITTED:  SITE AND LANDSCAPE PLAN PREPARED BY JERRY L. MILLER, STAMPED “RECEIVED MAY 15, 2007” CITY OF KIRKWOOD PUBLIC WORKS.

ZONING:                    B-3

DESCRIPTION OF PROJECT:

The petitioner is requesting site plan approval of a two-story office building with eight off-street parking spaces.  The proposed building would replace one-story residence, that had been converted to an office building, which had been destroyed by fire in March, 2007.

COMPREHENSIVE PLAN & LAND USE:

The site is designated for Suburban Density Residential Use by the Vision 2015 Comprehensive Plan.  However, the property has been zoned B-3 since 1967; and the single-family residence had been converted to an office building in 1995. 

DISCUSSION:

A Zoning Matters sign was posted on the property May 9, 2007.  The petitioner presented his plan at the May 16, 2007, Planning and Zoning Commission meeting; discussion was held and a subcommittee was appointed.  The Subcommittee met on the site on June 5, 2007, with David Schaub.   The meeting had been posted in accordance with City Policy and the Missouri sunshine Law.

RECOMMENDATION: 

The Subcommittee recommends the Future Land Use map of the Vision 2015 Comprehensive Plan be amended to designate this parcel as Commercial Use and this petition be approved with the following conditions:

1.   The project shall be constructed in accordance with the site and landscape plan “Received May 15, 2007, City of Kirkwood Public Works”, except as noted herein.

2.   A performance guarantee in the amount of $25,000 shall be submitted to the City of Kirkwood prior to the issuance of a foundation letter or building 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 $1,300 shall be submitted before acceptance of the performance guarantee by the City.  The fee supports site inspection and project administration costs.

4.   Within four months of approval and prior to the issuance of a building permit, variances shall be obtained from the Board of Adjustment for the following items:

A.   Every building hereafter erected in the B-3 Zoning District shall be on a lot having an area of at least 10,000 square feet {Zoning Code Section A-43(e)}.

B.   Every building hereafter erected in the B-3 Zoning District shall have a width at the front building line of at least 80 feet {Zoning Code Section A-43(e)}.

C.  No parking space, or portion thereof, shall be located closer to any street right-of-way line than ten feet {Zoning Code Section A-72(a)(7)(i)}.

D.  Parking lots shall be separated from abutting streets by planting areas not less than ten feet in width, on private property {Zoning Code Section A-72(a)(7)(m)}.

E.   Lots abutting an “R” dwelling district there shall be provided a 20-foot wide planting strip extending the length of the lot adjoining the “R” dwelling district and planted with trees and shrubs to provide a dense screen to within ten feet of the street right-of-way {Zoning Code Section A-43(g)}.

     Failure to receive Board of Adjustment approval on all variances, shall result in the site plan approval becoming null and void

5.   A storm water grate shall be installed across the full length of the driveway at the parking lot and connect to an MSD drainage system.

6.   Deteriorated sidewalk and curbs shall be replaced along the frontage of the project.  

7.   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

8.   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.

9.   If a dumpster is to be used, a dumpster enclosure is required to screen the dumpster 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.

10.  For buffering/screening purposes, a sight-proof fence or wall not less than six feet in height shall be constructed and maintained along the south side of the property.  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.

11.  A ten-foot wide utility easement shall be granted to the City along the Harrison Avenue public right-of-way. 

12.  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.

13.  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.

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

Respectfully submitted,

Valery Starr               Joe Roeser

The motion to approve the site plan and the subcommittee report were unanimously approved. 

9.   ELECTION OF OFFICERS

     The following officers were re-elected:

Thomas Waltz – Chairman

David Osborn – Vice Chairman

Joseph Soraghan – Secretary/Treasurer

There being no further business, the meeting adjourned at 10 p.m.  The next meeting is scheduled for July 18, 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.