Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION MEETING
Held at the Donald “Red” Loehr Police and Court Center
300 Park Drive
April 7, 2014 - 7:00 P.M.

Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation. If one requires an accommodation, please call (636) 227-8580 V or (636) 527-9200 TDD or 1-800-735-2466 (Relay Missouri) no later than 5:00 p.m. on the third business day preceding the hearing. Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.

AGENDA / Briefs

1. Call to Order

2. Approval of Minutes

3. SUE 14-01 Special Use Exception

(Restaurant with Carryout, Liquor by the Drink, and Drive Through Window)
St Louis Taco & Pita Grill, 15493 Manchester Rd, Ballwin MO 63011
Petitioner: Mr. Nawshad Kabir, The Star Group LLC, 405 Elm Crossing Ct, Ballwin MO 63021

Mr. Kabir is proposing to open a Mexican and Greek fusion restaurant with alcoholic beverage sales and a drive through window in the former Kentucky Fried Chicken restaurant at 15493 Manchester Rd. Mr. Kabir plans to occupy the existing building and site with no substantive changes to either. The restaurant proposes to be open 7 days per week for lunch and dinner. It will be open until 10 P.M. on weekdays and 11P.M. on weekends. The restaurant will seat approximately 35 patrons. A beer and wine license is requested. The necessary SUE is being requested as a part of this petition. No live entertainment is proposed at this time and no special use exception for live entertainment is being requested. Mr. Kabir has indicated that he has no plans to alter the site.

4. Z 14-01 Zoning Ordinance Change (R-4 to R-3)

SUB 14-01 Subdivision   
Westglen Plat 7 Resubdivision, 905 Quail Terrace Dr, Ballwin MO 63021 Option 2
Petitioner: Mr. Kenn Grasse, 2187 White Lane Dr, St Louis MO 63017

Mr. Grasse is requesting a change in the zoning district classification from R-4 Planned Multiple Dwelling District to R-3 Single Family Dwelling District for the approximately 1.5 acre parcel of land at the southwest corner of the approximately 17 acre Westglen Village apartments at 905 Quail Terrace Dr. The petitioner proposes to develop the property with a two lot single family subdivision. The tract proposed for this development fronts on Westglen Village Dr.

5. Adjournment

Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DR
April 7, 2014

The meeting of the Planning and Zoning Commission was called to order by Chairman Michael Wind at 7:00 p.m. Members in attendance were:

PRESENT                                            ABSENT
Chairman Michael Wind                     Commissioner Mike Utt
Secretary Frank Karr                        Commissioner Chris Wright
Commissioner Lynn Goetz                 Alderman Michael Boland
Commissioner John Schwent
Commissioner Mark Weaver
Commissioner Lisa Zimmerman
Mayor Tim Pogue

Assistant City Administrator/City Planner Thomas Aiken
City Engineer Gary Kramer
City Attorney Robert E. Jones

Approval of Minutes

A motion was made by Secretary Karr and seconded by Mayor Pogue to approve the minutes of the March 3, 2014 meeting of the Planning & Zoning Commission as submitted. The motion received unan-imous approval from the Commission members present. Chairman Wind abstained.

SUE 14-01 Special Use Exception
(Restaurant with Carryout, Liquor by the Drink, and Drive Through Window)
St Louis Taco & Pita Grill, 15493 Manchester Rd, Ballwin MO 63011
Petitioner: Mr. Nawshad Kabir, The Star Group LLC, 405 Elm Crossing Ct, Ballwin MO 63021

Mr. Kabir presented the proposal, requesting approval for a special use exception to open a Greek/Mexican fusion restaurant. He said he owns several restaurants, and has been in the restaurant business for 20 years.

Commissioner Goetz asked if Mr. Kabir plans to serve liquor through the drive through window. Mr. Kabir said he will only serve beer and wine in the dining room.

Chairman Wind asked Mr. Kabir if he is agreeable to bringing the landscaping back to what was originally proposed for the site. Mr. Kabir said he has spoken to the landlord about it. Chairman Wind and Mayor Pogue said they would like to see a plan showing that the petitioner will restore the landscaping. Mr. Kabir requested a copy of the original landscaping plan, which was provided to him.

Commissioner Zimmerman asked if Mr. Kabir’s other venues sell alcohol. Mr. Kabir said this will be the first one. Commissioner Zimmerman commented that the menu would have a medium range price point, and Mr. Kabir agreed.

Mayor Pogue asked Mr. Kabir if he reviewed the petition review report, and whether he had spoken with the property owner regarding the cross-access easement. Mr. Kabir said he had reviewed the report, but had not spoken with the property owner about the easement. Mayor Pogue said the cross-access easement is something that the City continues to work towards, in conjunction with the Great Streets Initiative and the Comprehensive Plan. He asked that Mr. Kabir speak with the property owner and come to an agree-ment to at least provide the easement, so that interconnection to the adjoining property could be made in the future. Chairman Wind explained that this easement would help Manchester Road congestion.

Secretary Karr asked when Mr. Kabir plans to open. Mr. Kabir said he would like to open within 90 days.

Chairman Wind noted that the building is in disrepair. Mr. Kabir said the property owner is taking care of those repairs. Commissioner Zimmerman asked if the property owner is also handling the repainting, and whether new signage will be installed. Mr. Kabir said the landlord will be repainting, and the signs have been ordered. The pole sign will be replaced with a monument sign, per the requirements of the City.

Chairman Wind opened the public hearing, and asked if anyone wished to speak in opposition to Petition SUE 14-01. No one came forward. Chairman Wind asked if anyone wished to speak in favor of the peti-tion. No one came forward. City Attorney Jones noted that Chairman Wind may want to leave the public hearing open, if the Commission is going to table the petition for landscaping plans. Chairman Wind said that he is unsure of the course the Commission will take. Does he have the option to reopen the public hearing as part of a motion to table the petition? City Attorney Jones said yes. Chairman Wind declared the public hearing closed.

Chairman Wind said he would like to see a landscaping plan, and suggested reopening the public hearing and tabling the petition to allow the petitioner to provide the plan. Mayor Pogue asked the petitioner if he had spoken to the landlord regarding the landscaping. Mr. Kabir said he had contacted the property own-er, who said he would get back to Mr. Kabir. Mayor Pogue said that wasn’t as definitive a response as he would like. He agreed with Chairman Wind that the Planning & Zoning Commission should wait for a landscaping plan.

Chairman Wind made a motion to hold over Petition SUE 14-01 to allow the petitioner to provide a land-scaping plan, and to reopen the public hearing. Commissioner Goetz seconded the motion, which received unanimous approval from the Commission members present.

Z 14-01 Zoning Ordinance Change (R-4 to R-3)
SUB 14-01 Subdivision
Westglen Plat 7 Resubdivision, 905 Quail Terrace Dr, Ballwin MO 63021
Petitioner: Mr. Kenn Grasse, 2187 White Lane Dr, St Louis MO 63017

Mr. Tim Baker of Cole & Associates Engineering presented the proposal to the Commission on behalf of the petitioner. The petitioner is proposing a two-lot subdivision within the existing common ground of an 80-unit apartment complex.

Chairman Wind said that a lot of fill will be needed to create these lots. Will this be economically feasi-ble, and will the homes be structurally sound? Mr. Baker said these will be upscale homes. Significant infrastructure will be required, so the price point will be higher end. Chairman Wind said he is concerned that the elevation change from the front of the lot to the back is significant. How will the grade transition from the walkout to level ground? There is still a 5’-6’ drop. Mr. Baker said that what the petitioner has provided are conceptual layouts provided for MSD. The final elevations will depend on the homebuyer, and what amenities they may want on the lot and in the home.

Mayor Pogue asked if the petitioner is planning to use extended footings or piers due to the amount of fill being used. Mr. Baker said that when it gets to that stage, a geotechnical engineer will have to determine how to proceed. Mayor Pogue expressed his concern that the foundation of the homes will be sitting on 10 feet or more of fill. Chairman Wind said that he is concerned that the petitioner has not researched all the factors involved in building these homes. He is hesitant to approve the start of such a project. Mr. Baker said the petitioner will not proceed without knowing those factors. The first hurdle is getting ap-proval for the rezoning of the two lots. Mr. Kenn Grasse, the petitioner, addressed the Commission, and said that he has access to good clean fill at reasonable prices.
Commissioner Goetz asked how the fill will be kept in place. Mr. Baker said this will be part of the due diligence of the geotechnical engineer.

Commissioner Zimmerman asked if these homes would have any relationship with the neighboring prop-erties other than sharing a street. Mr. Baker said these homes are completely separate from the apartments and will have individual owners. Chairman Wind asked if the site and the apartments are currently owned by the same entity. Mr. Grasse said that he recently sold the apartments, but retained ownership of the property considered under this petition.

Chairman Wind asked about the property to the west of the apartments. Mr. Baker said that area is and will remain common ground of the apartments. It is owned by the apartment complex. Chairman Wind asked if the common ground is available for development. Mr. Baker said it would be cost prohibitive. There is a sanitary sewer line that runs through it, as well as a detention basin. Chairman Wind asked if common ground in a subdivision can be developed. City Attorney Jones said that there is a piece of in-formation that is missing. The PEU (Planned Environmental Unit) site development plan that was adopt-ed under the St. Louis County zoning ordinance required that a minimum of 29.97 acres within this plat remain common ground. An amendment of that site development plan will come before the Planning & Zoning Commission in May. Mr. Baker said he was under the impression that it was part of this hearing. City Planner Aiken said that third petition was not received in time to be advertised for this public hearing.

Chairman Wind asked if the site planned for subdividing is termed common ground or developable land. City Attorney Jones said it is classified as common ground. City Planner Aiken said the St Louis County PEU works somewhat like the Manchester Road Overlay District, where the underlying zoning is County R-3, but the PEU allowed variations from the minimum standards, such as a higher density provision. However, that variation was contingent on setting aside a certain amount of space for common ground. This site was annexed into Ballwin in 1989, and it was rezoned to R-4 in 1991, which supersedes the PEU. This site is theoretically large enough for more apartments to be built, and still meet the current R-4 zoning requirements. However, the site development plan will have to be amended to remove the parcel that is under consideration with Petitions Z 14-01 and SUB 14-01.

Chairman Wind asked if Petitions Z 14-01 and SUB 14-01 should be tabled until the hearing for the site development plan amendment. City Planner Aiken said all three elements have to be considered together. Mayor Pogue added that the site development plan would have to be amended to even make the two pro-posed lots an option.

City Planner Aiken spoke about the topic of fill. He said it is an engineering issue; dirt isn’t simply dumped in and smoothed out and then a house built on it. The geotechnical engineer will analyze all as-pects of the situation, including the underlying soils, and stipulate how the fill will need to be compacted. This is standard procedure and is commonly done. Mayor Pogue asked if the petitioner has consulted with a geotechnical engineer, and whether they have indicated what type of testing will be done. Mr. Baker said normally they do borings and see what the underlying soil is and how stable it is, then give recom-mendations.

Chairman Wind asked if the undeveloped area will remain wooded. Mr. Baker said the petitioner will have to install rain gardens as required by MSD. The petitioner wants to take down the least amount of trees possible.

Chairman Wind opened the public hearing and asked if there was anyone wishing to speak in opposition to Petitions Z 14-01 and SUB 14-01. No one came forward. Chairman Wind asked if there was anyone wishing to speak in favor of Petitions Z 14-01 and SUB 14-01. No one came forward, and Chairman Wind closed the public hearing.

Chairman Wind made a motion to recommend approval of Petition Z 14-01 to the Board of Aldermen, contingent upon the presentation and approval of Z 14-02 (amendment to the R-4 site development plan). Mayor Pogue seconded the motion, which received unanimous approval from the commission members present.

Chairman Wind made a motion to recommend approval of Petition SUB 14-01 to the Board of Aldermen, contingent upon the presentation and approval of Z 14-02 (amendment to the R-4 site development plan). Commissioner Zimmerman seconded the motion, which received unanimous approval from the commis-sion members present.

Mayor Pogue asked that the petitioner return with information from MSD regarding water quality and detention.

Adjournment

Mayor Pogue moved to adjourn the meeting. Chairman Wind seconded the motion, which received unan-imous approval from the commission members present. The meeting was adjourned at 8:00 p.m.

Michael Wind, Chairman
Planning & Zoning Commission