November 7, 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

1.   Chairman Waltz called the meeting to order at 7:00 p.m.  All Commission members were present.

2.   Motion was made by Ms. Starr and seconded by Mr. Soraghan to approve the minutes as written for the October 3, 2007, meeting.  The motion was unanimously approved.

3.   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)}

     Mr. Frick recused himself and stepped down from discussion due to a potential conflict of interest.

     Motion was made by Mr. Bliss and seconded by Mr. Osborn to rezone 1113, 1119, 1120, 1123, and 1125 Earl Avenue and 10939 Manchester Road from R4 to B3, vacate Earl Avenue, and approval of a site plan to construct a medical office building. 

     Mr. Golterman believes this proposal is not consistent with the comprehensive plan, could eventually increase the depth of the commercial zoning along Manchester Road between Lindbergh and Geyer, would negatively impact the neighborhood, and questions the viability of the residences on Earl Avenue.

     Mr. Bliss expressed concern that, when looking at a zoning map and drawing a line parallel to Manchester from the northern boundary of this property and west to Geyer Road, 40 to 60 homes could be in jeapordy of being rezoned to commercial, believes that Mr. Francois should have attended the numerous public meetings that were held to discuss the Vision 2015 plan, suggested a deed restriction that the zoning would revert to residential if a medical office building is not built, and suggested two egress lanes (left and right turns) and one egress lane.

     Mr. Soraghan disagrees and is in favor of keeping Kirkwood residential, but the evidence of detriment to the community has not been proven and hopes that those in opposition can obtain evidence opposed to the application.

     Ms. Starr commented that the real estate tax records indicate that the property has increased in value and that the traffic study based the traffic generated by a convenience/gas station, which would generate more traffic than just a gas station.

     Mr. Ross read the subcommittee report:

CITY OF KIRKWOOD

PLANNING AND ZONING COMMISSION

SUBCOMMITTEE REPORT

NOVEMBER 7, 2007

     PETITION NUMBER:          PZ-07-08

     ACTION REQUESTED:    REZONE R4 TO B3

     SITE PLAN REVIEW

     VACATE EARL AVENUE

     PETITIONER:          CDF AND CNF INVESTMENT, LLC

     PETITIONER’S AGENT:  JOHN KING

                     PROPERTY LOCATION:   1113, 1119, 1120, 1123, AND 1125 EARL AVENUE     AND 10939 AND 10921 MANCHESTER ROAD

                     DRAWINGS SUBMITTED:  PRELIMINARY SITE PLAN PREPARED BY WIND      ENGINEERING, INC. STAMPED "RECEIVED JUNE   29, 2007, CITY OF KIRKWOOD PUBLIC WORKS"     

DESCRIPTION OF PROJECT:

The petitioner is proposing to vacate Earl Avenue, consolidate seven parcels, and rezone six parcels totaling 2.07 acres (including Earl Avenue) from R-4 to B-3 for the purpose of constructing a two-story, 32,000 square foot medical office building with a total of 162 surface and below-grade parking spaces.  Earl Avenue is a substandard public street serving three single-family residences, which would be removed for this project, and additional access to a service station (which would be demolished for this project) and a restaurant.

The adjacent properties to the north, east, and west are zoned R-4 and developed with single-family residences. The adjacent property to the south is zoned B-3 and developed with a restaurant. 

COMPREHENSIVE PLAN & LAND USE:

The properties to be rezoned are designated for Suburban Density Residential on the Vision 2015 Future Land Use Plan map.  This proposal is not consistent with the Vision 2015 Comprehensive Plan.  

DISCUSSION:

The petitioner made a presentation at the July 18th, 2007, Planning and Zoning Commission meeting describing the scope, character, and layout of the project.  Comments and questions from the Commission and audience were discussed.  A Subcommittee was appointed to study the project. 

The Subcommittee met on the site July 25, 2007, with John King (petitioner’s attorney), Paul Sabal, (architect), and approximately 12 residents The meeting had been posted in accordance with City Policy and the Missouri Sunshine law.

The petitioner also made a presentation to the Planning and Zoning Commission at its meeting of October 3, 2007.

RECOMMENDATION: 

The area is presently zoned R-4 (Suburban Density Residential). The proposed petition does not present a viable reason for rezoning to allow the development of a medical office building. A rezoning to B-3, and this proposed project would result in an increase in traffic for the area that was not contemplated by the Vision 2015 Comprehensive Plan, would be inconsistent with the Vision 2015 Comprehensive Plan, and would negatively change the character of this neighborhood.  The property can reasonably be developed as residential, and the public benefit in maintaining the existing zoning outweighs any private detriment to the petitioner.  The Subcommittee recommends the request for B-3 Zoning and Site Plan Approval be denied.

In the event that the petitioner decides to pursue this project before the City Council, the petitioner needs to obtain variances from the Board of Adjustment because the site plan does not comply with the Zoning Code.

Respectfully submitted,

     Larry Ross           Malcolm Bliss

     City Attorney Hessel commented that Mr. Soraghan’s comments about what constitutes “evidence” are misplaced.  Mr. Hessel added that comments from members of the Commission are evidence and tax records reflect evidence.

     David Francois; John King, his attorney; and Richard Ward, of Zimmer Companies; were present.   Mr. King believes that the Comprehensive Plan is a recommendation or a guide, not an ordinance, and believes that it needs to change to reflect current conditions.  When St. Joseph Hospital closes, the proposed medical office building will retain doctors in the area. 

     Mr. Ward also believes that this building will retain and attract physicians, that cities need to change, the depth of the commercial area along Manchester Road varies, and that this proposal would be beneficial to the surrounding residents because it would provide a solution to the storm water problem. 

     The motion to approve the rezoning and site plan failed 7 to 1 (Mr. Soraghan was in favor). 

     Motion was made by Mr. Bliss and seconded by Ms. Starr to approve the report recommending denial.  Motion passed 7 to 1 (Mr. Soraghan was opposed).

     Mr. Frick returned to the diaz at 7:55.

4.   PZ-12-08  SPECIAL USE PERMIT (RESTAURANT) - MCARTHURS BAKERY, 113 NORTH KIRKWOOD ROAD

     Submitted:  10-16-07  Automatic Recommendation:  2-13-2008

     Petitioner, Randall McArthur

     David McArthur stated he is proposing to renovate the interior of the existing bakery by adding public bathrooms and providing seating for approximately 15 patrons. 

     Chairman Waltz appointed himself, as chair, and Mr. Golterman, as secretary, to the subcommittee.  The subcommittee scheduled a meeting for November 13 at 11 a.m. at the site.

5.   PZ-15-03C REVISED SITE PLAN & AMEND ZONING CODE-100 KIRKWOOD PL

     Submitted:  10-19-07   Automatic Recommendation:  1-17-08

     Petitioner, Dennis Hayden

     Mr. Hayden stated he is proposing to amend the previously-approved site plan.  The site plan approved in 2004 consisted of three 3-story buildings containing 136 condominium units.  The amended plan approved in 2006 consisted of one 4-story building containing 96 dwelling units ranging in size from 1,300 square feet to 2,900 square feet. After being on the market for several months, only four units sold.  

     The proposed development plan consists of one 4-story building containing 176 condominium units ranging in size from 835 to 1,300 square feet.  The units would sell in the range of $260,000 to $450,000.  The parking garage beneath the building contains two levels of parking for a total of 316 parking spaces, and 12 surface parking spaces are provided. 

     In addition, an amendment to the Zoning Code is being requested which would allow the Commission and City Council flexibility in determining the required number of parking spaces for mixed-use developments in the B-2 Zoning District.

     Chairman Waltz appointed Ms. Starr (chair), Mr. Osborn (secretary), and Mr. Frick to the subcommittee.  The subcommittee scheduled a meeting for November 27 at 7:30 a.m. at the sales office at 100 Kirkwood Place.

There being no further business, the meeting adjourned at 8:40 p.m.  The next meeting will be held December 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.