September 5, 2007

PRESENT:                                            ABSENT:

Tom Waltz, Chairman                             Edw. D. Golterman

David Osborn, Vice Chairman                Greg Frick

Joseph R. Soraghan, Sect./Treas.          

Valery Starr                   

Malcolm Bliss

Larry Ross

Joe Roeser

Pursuant to notice of meeting duly given, the Planning and Zoning Commission convened on Wednesday, September 5, 2007, at Kirkwood City Hall. Council Member Tim Griffin, City Attorney John Hessel, and Assistant Public Works Director Todd Rehg also attended the meeting. 

1.   Chairman Waltz called the meeting to order at 7:05 p.m.  Mr. Golterman was absent and his absence was excused.  Ms. Starr and Mr. Frick were absent but expected to arrive.  Ms. Starr arrived at 7:14.  Mr. Frick did not attend the meeting. 

2.   Motion was made by Mr. Ross and seconded by Mr. Soraghan to approve the minutes as written for the August 15, 2007, meeting.  The motion was unanimously approved by the members present (Mr. Golterman, Mr. Frick, and Ms. Starr were absent).

3.   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)}

Motion was made by Mr. Bliss and seconded by Mr. Osborn to approve the special use permit and site plan for 10170 Manchester Road and 1054 Dickson.  Mr. Soraghan and Mr. Waltz read the Subcommittee Report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

SEPTEMBER 5, 2007

PETITION NUMBER:           PZ-08-08

ACTION REQUESTED:    SPECIAL USE EXCEPTION (CONVENIENCE/GAS STORE) AND SITE PLAN REVIEW

PETITIONER:          MARTIN & BAYLEY, INC.

PROPERTY LOCATION:   10170 MANCHESTER ROAD AND 1054 DICKSON

                           DRAWINGS SUBMITTED:  SITE PLAN PREPARED BY JAMES ENGINEERING & SURVEYING RECEIVED JUNE 29, 2007 AND AUGUST 13, 2007

ZONING:                    B-3 HIGHWAY BUSINESS DISTRICT

DESCRIPTION OF PROJECT:

The petitioner is proposing to construct a one-story, 48’x95’ convenience/gas store on the 36,346 square foot site. A drive-thru window was proposed on the south side of the building.  The existing store would remain open during construction and then be demolished.

The property to the north across Manchester Road is zoned B-3 and contains an automobile sales/service facility; the property to the east is zoned B-3 and contains a tire store; the properties to the south are zoned R-4 and contain two single-family residences; and the property to the west is zoned B-3 and contains an office building with accessory parking.  A total of 25 parking spaces are required for this project, and there are 31 spaces provided, including the 10 parking spaces at the pumps.

COMPREHENSIVE PLAN & LAND USE:

The existing convenience/gas store at 10170 Manchester Road and the single-family residence presently located at 1054 Dickson are presently zoned commercial and designated for General Commercial Use by the Vision 2015 Comprehensive Plan.  The proposed use is considered a general commercial use and is consistent with the development policies presented by the Plan.

DISCUSSION:

Zoning Matters signs were posted on the properties on 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 27, 2007, with Jerome Naas and Jim Whetstone of Martin & Bayley; Larry Wurm and Sean O’Brien of James Engineering; Doug Bland, 1033 Dickson; Layton Breitweiser, 1025 Dickson; and Maureen Ottley, Michael Holloran, and Jim Holloran, of 1050 Dickson. Notice of the meeting had been properly posted.  Storm water issues, noise, drive-through window concerns, height of the retaining wall, and parking lot lighting were discussed.

On August 13, 2007, a revised site plan was submitted.  The drive-through window was eliminated and the width of the landscaped area on the south side of the property was increased to 20 feet. The Subcommittee met on the site August 17, 2007, with Jerome Naas of Martin & Bayley; Larry Wurm and Sean O’Brien of James Engineering; Doug Bland, 1033 Dickson; Layton Breitweiser, 1025 Dickson; and Michael Holloran of 1050 Dickson. 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 site plan stamped “Received August 13, 2007, City of Kirkwood Public Works”, except as noted herein. 

2.   A performance guarantee in the amount of $75,000 shall be submitted to the City of Kirkwood within six months of approval of the special use permit.

3.   An administrative fee in the amount of $2,300 shall be submitted before acceptance of the performance guarantee by the City.  The fee supports site inspection and project administration costs. 

     4.   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 exist with approval of City staff. 

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

     6.   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.

7.   The dumpster shall be located in an enclosure 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 front yard setback variance is required for the canopy along Dickson Avenue.  Prior to proceeding to the City Council, the required variance shall be obtained from the Board of Adjustment or the site plan shall be modified to conform to the setback requirement.

9.   The proposed pin oak trees shown on the site plan shall be a minimum caliper of 2-1/2 inches.  A minimum of 14 additional burning bushes shall be planted on the site in the 20-foot wide landscaped area along the south property line.

10.  The maximum slope of the ground shall not exceed 2 (horizontal) to 1 (vertical) at any location on the site.

     11.  A signed and professionally sealed foundation plan accompanied by a soil engineer’s report shall be submitted to the Building Commissioner’s office with the application for the building permit.  

 12.  All rooftop equipment, air-conditioning units, and mechanical equipment shall be completely screened from view of adjoining properties and public right-of-way.

     13.  Construction on Manchester Road right-of-way shall be approved by the Missouri Department of Transportation prior to the issuance of a foundation or building permit. 

     14.  Existing entrances along Dickson Avenue 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.  Sidewalks shall be installed along Manchester Road and Dickson Avenue.  Sidewalks along Manchester Road shall be installed in the state right of way or a sidewalk easement behind the right-of-way.

     15.  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.

     16.  For buffering/screening purposes, a sight-proof fence not less than six feet in height shall be constructed and maintained on top of the retaining wall along the south side and from the southeast corner of the wall running 15 feet to the north.  The fence shall be of board-on-board wood, vinyl, or other materials as approved by the City.

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

Respectfully submitted,

Joseph Soraghan      Thomas Waltz

     Ms. Starr arrived at 7:14 p.m.

     Motion was made by Ms. Starr and seconded by Mr. Osborn to continue the item to October 3, 2007.  Motion passed 5 to 2 (In Favor:  Bliss, Osborn, Ross, Starr, Waltz; Opposed: Roeser and Soraghan; Absent: Frick and Golterman).

4.   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:  11-26-07

     Petitioner, Curtis Francois

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

     The petitioner granted an extension of review time by the Commission and requested this item be continued to the October 3 meeting.

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

     Submitted:  7-27-07

     Petitioner, Robert Trevino

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

     Mr. Trevino was present.  Motion was made by Ms. Starr and seconded by Mr. Ross to approve the special use permit at 120 West Jefferson Avenue.  Mr. Osborn read the Subcommittee Report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

SEPTEMBER 5, 2007

PETITION NUMBER:           PZ-10-08

ACTION REQUESTED:    SPECIAL USE EXCEPTION (RESTAURANT)  

PETITIONER:          ROBERT TREVINO

PROPERTY LOCATION:   120 AND 122 WEST JEFFERSON AVENUE

                           DRAWINGS SUBMITTED:  FLOOR PLANS RECEIVED JULY 27, 2007, AND AUGUST 16, 2007

DESCRIPTION OF PROJECT:

This is a request to develop a restaurant in two existing tenant spaces of a commercial building.  The size of the tenant space is approximately 2,542 square feet.  The applicant proposes to completely renovate the interior of the tenant spaces.

The site is zoned B-2, General Business, and is surrounded by other commercially developed B-2 zoned properties.  Off-street parking is provided for five vehicles behind the building.  On-street parking exists along Jefferson Avenue in front of this location and public parking lots are located across the street on the north side of Jefferson Avenue, approximately 50 feet to the east and 150 feet to the west on the south side of Jefferson Avenue.  Due to its location in the Downtown area, the remodeling of this building is exempt from additional parking requirements.

COMPREHENSIVE PLAN & LAND USE:

The existing commercial building is presently zoned commercial and designated for General Commercial Use by the Vision 2015 Comprehensive Plan.  The proposed use is considered a general commercial use and is consistent with the development policies presented by the Plan.

DISCUSSION:

The petitioner presented his application at the August 15, 2007, Planning and Zoning Commission meeting; discussion was held and a Subcommittee was appointed.  The Subcommittee met on the site on August 22, 2007 with Robert Trevino.  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 consistent with the floor plan stamped “Received August 16, 2007, City of Kirkwood Public Works”, except as noted herein. 

     2.   If a dumpster is located on the site, it shall be located in an 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.

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

Respectfully submitted,

Joe Roeser           David Osborn

     The motion to approve the special use permit passed 7 to 0 (Mr. Frick and Mr. Golterman were absent).  Motion was made by Mr. Osborn and seconded by Mr. Roeser to approve the Subcommittee Report as read.  Unanimously approved by the members present (Mr. Frick and Mr. Golterman were absent).

6.   Council Member Tim Griffin announced that the Council Subcommittee on In-fill Housing will meet on September 13 at 7:00 p.m. and on October 6 at 9:30 a.m.

7.   SCHEDULE

     Due to no New Business and that Unfinished Business has been continued to October 3, the September 19 meeting was canceled.  The Commission’s schedule for 2008 was established.

There being no further business, the meeting adjourned at 8:45 p.m.  The September 19, 2007, meeting was canceled and the next meeting will be held October 3, 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.