August 15, 2007

PRESENT:                                  ABSENT:

Tom Waltz, Chairman                  Edw. D. Golterman

David Osborn, Vice Chairman

Joseph R. Soraghan, Sect./Treas.          

Valery Starr                   

Malcolm Bliss

Greg Frick

Larry Ross

Joe Roeser

Pursuant to notice of meeting duly given, the Planning and Zoning Commission convened on Wednesday, August 15, 2007, at Kirkwood City Hall. Council Member Tim Griffin, City Attorney John Hessel, Public Works Director Kenneth D. Yost, Assistant 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.  Mr. Golterman was absent and his absence was excused.  Ms. Starr, was absent but expected to arrive.  Ms. Starr arrived at 7:10. 

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

3.   PZ-05-08  REZONE R4 TO B1 AND SITE PLAN REVIEW-10545 BIG BEND RD

     Submitted:  6-25-07  Automatic Recommendation:  9-23-07

     Petitioner’s Agent, Jane Cohen

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

     Motion was made by Mr. Roeser and seconded by Mr. Bliss to approve the rezoning from R4 to B1 and site plan for 10545 Big Bend Road.  Mr. Roeser and Ms. Starr read the Subcommittee Report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

August 15, 2007

PETITION NUMBER:           PZ-05-08

ACTION REQUESTED:    REZONE R-5 TO B-1 AND SITE PLAN REVIEW FOR AN ACCESSORY PARKING LOT

PETITIONER:          PADAMAN, LLC

PROPERTY LOCATION:   10545 BIG BEND BOULEVARD

                           DRAWINGS SUBMITTED:  SITE PLANS PREPARED BY POEHLMAN & PROST, INC. RECEIVED JUNE 25 AND AUGUST 8, 2007, CITY OF KIRKWOOD PUBLIC WORKS

DESCRIPTION OF PROJECT:

The petitioner is proposing to rezone 10545 Big Bend Boulevard from R-5 to B-1, and construct a 16-space parking lot as an accessory use to the existing law office building on property at 10525 Big Bend Boulevard, which is presently zoned B-1.

The single-family residence to the northwest is zoned R-5. The vacant lot to the east and the single-family residence to the north are zoned 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 6,776 square foot site as an accessory parking lot for the adjacent 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 July 18, 2007, 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 August 2 and August 7.  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-1 and approve the site plan with the following conditions:

1.               The project shall be consistent with the plans submitted and stamped “August 8, 2007, City of Kirkwood Public Works”, except as noted herein and as noted in letter from City dated August 13, 2007. 

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.   For buffering/screening purposes, a sight-proof fence or wall six feet in height shall be constructed and maintained along the north and west sides of the property extending to within ten feet of the Big Bend Road right-of-way and within five feet of the Ohlman Avenue sidewalk.  The fence or wall shall be of solid masonry, split-faced, vinyl, concrete block units, board-on-board wood, or other materials as approved by the City.

7.   The Big Bend Boulevard entrance shall be widened in accordance with the letter dated July 18, 2007, from James M. Knoll, of the St. Louis County Department of Highways and Traffic.  A permit shall be obtained from St. Louis County Department of Highways and Traffic prior to the issuance of a parking lot construction permit.

8.   A variance shall be obtained from the Board of Adjustment prior to City Council review to allow a parking space within ten feet of the existing Big Bend Boulevard right-of-way.

9.   Any changes required to be made to the fire hydrant as a result of construction shall be performed by the developer’s contractor at the developer’s expense.

10.  Accessible parking shall conform to City standards.

11.  A ten-foot wide utility easement shall be granted to the City for public utilities along the Big Bend Boulevard 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.  The applicant shall comply with all standard conditions as listed on Exhibit A.

Respectfully submitted,

Valery Starr               Joe Roeser

     Ms. Starr arrived while the report was being read at 7:10 p.m.

     The motion to approve the rezoning and site plan passed 7 to 1 (Mr. Osborn was opposed and Mr. Golterman was absent).  Motion was made by Mr. Soraghan and seconded by Mr. Roeser to approve the Subcommittee Report as read.  Unanimously approved by the members present (Mr. Golterman was absent).

4.   PZ-06-08 AMEND B4 DEVELOPMENT PLAN-SCHNUCKS MARKET, 10233 MANCHESTER

     Submitted:  6-29-07  Automatic Recommendation:  10-27-07

     Petitioner’s Agent, Joel Kerschen

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

Joel Kerschen, of Kuhlmann Design Group, was present.  Motion was made by Mr. Bliss and seconded by Mr. Frick to approve the amendment to the B4 Development Plan for Schnucks Market at 10233 Manchester Road.  Mr. Waltz read the Subcommittee Report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

AUGUST 15, 2007

PETITION NUMBER:          PZ-06-08

ACTION REQUESTED:    AMENDED B-4 DEVELOPMENT FINAL SITE PLAN

                     FOR CONSTRUCTION OF PHARMACY KIOSK

     LOCATION:            10233 MANCHESTER ROAD

PETITIONER:          SCHNUCKS MARKETS, INC.

                           MATERIAL SUBMITTED:  SITE PLAN PREPARED BY KUHLMANN DESIGN GROUP STAMPED "RECEIVED JUNE 29, 2007, CITY OF KIRKWOOD PUBLIC WORKS”

                     ZONING:               B-4 (PLANNED COMMERCIAL DEVELOPMENT)

DESCRIPTION OF PROJECT:

The petitioner is proposing to construct a pharmacy kiosk in the westernmost row of parking spaces in the southwest corner of the parking lot.   Eleven parking spaces would be removed, and the petitioner is proposing to replace two planters with a total of ten parking spaces for a net decrease of one parking space. 

COMPREHENSIVE PLAN & LAND USE:

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

DISCUSSION:

A Zoning Matters sign was posted on the property July 13, 2007.  The petitioner presented his site plan at the July 18, 2007, Planning and Zoning Commission meeting; discussion was held and a subcommittee was appointed.  The Subcommittee met on the site July 23, 2007, with Joel Kerschen, of Kuhlmann Design Group.  Notice of the meeting had been properly posted.

After visiting the site at various times of the day, the Subcommittee believes that an adequate number of parking spaces will exist on the site after the kiosk is constructed and would prefer to have the planter islands in lieu of parking spaces.

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 June 29, 2007, City of Kirkwood Public Works”, except as noted herein.

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

3.   The planter islands shown to be removed in order to provide additional parking spaces shall remain.  Parking on the site may be reduced by eleven parking spaces to promote green space in the parking lot.

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

Respectfully submitted,

Malcolm Bliss              Thomas Waltz

     The motion to approve the amended B4 Development Plan was unanimously approved by the members present (Mr. Golterman was absent).  Motion was made by Mr. Soraghan and seconded by Mr. Ross to approve the Subcommittee Report as read.  Unanimously approved by the members present (Mr. Golterman was absent).

5.   PZ-08-08  SPECIAL USE PERMIT (GAS/CONVENIENCE STORE) AND SITE PLAN REVIEW-HUCK’S, 10170 MANCHESTER & 1054 DICKSON

     Submitted:  6-29-07  Automatic Recommendation:  10-27-07

     Petitioner’s Agent, Larry Wurm

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

     On August 13, James Engineering submitted a revised site plan.  A second subcommittee meeting was scheduled for August 17. 

6.   PZ-09-08  AMEND B5 DEVELOPMENT PLAN - STARBUCKS, 1200 S. KIRKWOOD

     Submitted:  6-29-07  Automatic Recommendation:  10-27-07

     Petitioner’s Agent, Larry Wurm

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

Larry Wurm, of James Engineering, was present.   Motion was made by Ms. Starr and seconded by Mr. Frick to approve the amendment to the B5 Development Plan for Starbucks Coffee Shop at 1200 South Kirkwood Road.  Mr. Osborn read the Subcommittee Report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

AUGUST 15, 2007

PETITION NUMBER:          PZ-09-08

ACTION REQUESTED:    AMENDED B-5 DEVELOPMENT FINAL SITE PLAN

FOR CONSTRUCTION OF STARBUCKS BUILDING WITH A DRIVE-THRU

     LOCATION:            1200 SOUTH KIRKWOOD ROAD

PETITIONER:          TRIPLE V MOTELS, INC.

                           MATERIAL SUBMITTED:  SITE PLANS PREPARED BY JAMES ENGINEERING RECEIVED JUNE 29 AND AUGUST 13 2007

                     ZONING:               B-5 (PLANNED COMMERCIAL DEVELOPMENT)

DESCRIPTION OF PROJECT:

The petitioner is proposing to construct a 1,800 square foot building in the southwest corner of the parking lot of the Best Western Hotel.   A Starbucks restaurant with indoor seating, outdoor seating, and a drive-thru window are proposed.  The restaurant may be open 24 hours a day, seven days a week.

COMPREHENSIVE PLAN & LAND USE:

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

DISCUSSION:

A Zoning Matters sign was posted on the property July 13, 2007.  The petitioner presented his site plan at the July 18, 2007, Planning and Zoning Commission meeting; discussion was held and a subcommittee was appointed. 

The Subcommittee met on the site August 8, 2007, with  John FitzGerald, of Starbucks Coffee Company; Mike VanStavern, owner of Premier Management Inc.; Tony Salerno, of Landmark Management; and Larry Wurm and Sean O’Brien, of James Engineering.  Notice of the meeting had been properly posted.  The Subcommittee suggested, and the petitioner concurred, that an automatic irrigation system be installed in the landscaped area. 

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 August 13, 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 within six months of approval and 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.   Outdoor dining is authorized at the location shown on the site plan.  Speakers for music are not authorized in the outdoor dining area.

5.   The landscape areas shall be irrigated.

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

Respectfully submitted,

Greg Frick           David Osborn   

     The motion to approve the amended B5 Development Plan was unanimously approved by the members present (Mr. Golterman was absent).  Motion was made by Mr. Osborn and seconded by Mr. Frick to approve the Subcommittee Report as read.  Motion was made by Mr. Osborn and seconded by Mr. Frick to amend Condition of Approval No. 4 to read: “Outdoor dining is authorized at the location shown on the site plan.  Speakers for music are permitted in the outdoor dining area, but music shall be prohibited between 10:00 p.m. and 7:00 a.m.”  The amendment was unanimously approved by the members present (Mr. Golterman was absent).  The amended subcommittee report was unanimously approved by the members present (Mr. Golterman was absent). 

7.   PZ-07-08  REZONE R4 TO B3, SITE PLAN REVIEW, AND VACATE RIGHT-OF-WAY - EARL AVENUE AND 10921/10939 MANCHESTER

     Submitted:  6-29-07  Automatic Recommendation:  9-27-07

     Petitioner, Curtis Francois

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

     Mr. Ross reported the subcommittee did not have a report.  The petitioner requested the Commission continue this item to their September 5 meeting.

8.   PZ-10-08 SPECIAL USE PERMIT (RESTAURANT)-ROBERTO’S, 120 W. JEFFERSON

     Submitted:  7-27-07

     Petitioner, Robert Trevino

     Mr. Trevino is proposing to operate a Mexican sit-down and take-out restaurant at 120 West Jefferson Avenue in the 30-foot wide space previously occupied by Hair Junction and Sunny’s.  Alcohol (Mexican beer, wine, and margaritas) will be served.  Indoor seating for approximately 75 patrons with no outdoor seating is being proposed at this time.  Approximate hours of operation for the restaurant would be Monday thru Thursday from 11 a.m. to 9 p.m., Fridays from 11 a.m. to 10 p.m. Saturdays from 3 p.m. to 10 p.m.; and closed on Sundays.

     Chairman Waltz appointed Mr. Roeser (chair) and Mr. Osborn (secretary) to the subcommittee.  The subcommittee did not schedule a meeting because the petitioner will be submitting a revised drawing.

There being no further business, the meeting adjourned at 8:20 p.m.  The next meeting is scheduled for September 5, 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.