Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION MEETING
Held at the Donald “red” loehr police and court center
300 PARK DRIVE
September 9, 2015 • 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 15-04 Special Use Exception
(Sale of Alcoholic Beverage by the Drink for Consumption on the Premises where Sold)
Buffalo Wild Wings, 15425 #38 Manchester Rd, Ballwin MO 63011
Petitioner: AMC Ballwin Inc. dba Buffalo Wild Wings, 15425 #38 Manchester Rd, Ballwin MO 63011

Buffalo Wild Wings operated as a restaurant with alcohol by the drink at 15244 Manchester Rd. beginning in 2001. In 2014 the restaurant moved to the current address in Ballwin Plaza. Changes to the zoning regulations in that intervening period eliminated the need for restaurants to obtain a special use exception in a plaza that has an approved site development plan issued pursuant to a special use exception review. Ballwin Plaza falls into this category, so the Buffalo Wild Wings restaurant was allowed by right in Ballwin Plaza. No zoning review was necessary. Unfortunately, this zoning change only applied to restaurants. A special use exception to sell alcohol by the drink for on premises consumption must still be issued. This slipped through when Buffalo Wild Wings moved, but the error was discovered when a new liquor license was needed pursuant to the sale of the business; hence this petition.

4. SUE 15-05 Special Use Exception (Restaurant with alcohol sales by the drink, front yard parking, outdoor recreation and outdoor display of gardening supplies)
Hilbert Restaurant, 151 Ries Rd, Ballwin MO 63021
Petitioner: Bret & Megan Hilbert, 151 Ries Rd, Ballwin MO 63011

The Hilberts are proposing to open a 620 square foot restaurant to be operated out of the rear portion of their building via a walk up window. The existing concrete patio in the rear of the building will be utilized for access to the walk-up window and a place to locate 4 picnic tables for customers. There will be no internal seating. In my discussions with the petitioner this business has been characterized as a sno-cone stand type of business, but the petitioners propose to offer a much larger selection of food similar in character to what is offered at the snack bar at the Ballwin Athletic Association fields. Of particular note is the plan to obtain a liquor license to allow the sale of alcoholic beverages. In addition to the restaurant, the Hilberts propose to provide a sand volleyball court or other similar outdoor entertainment venue on the site and want to be able to sell pumpkins, Christmas trees or even farm grown vegetables in an outdoor farmer’s market type of facility on the grounds of the site.

5. Adjournment

Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DR
September 9, 2015

The meeting of the Planning and Zoning Commission was called to order by Chairman Wind at 7:03 p.m. Members in attendance were:

PRESENT                                               ABSENT
Chairman Michael Wind                   Commissioner Chris Wright
Secretary Mark Weaver                  Commissioner Mike Utt
Commissioner Lynn Goetz               Commissioner Lisa Zimmerman
Commissioner Frank Karr
Commissioner Chad Silker
Alderman Stallmann
Mayor Tim Pogue

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

Approval of Minutes

A motion was made by Alderman Stallmann and seconded by Commissioner Silker to approve the minutes of the July 13, 2015 meeting of the Planning & Zoning Commission as submitted. The motion received unanimous approval from the Commission members present. Chairman Wind abstained.

SUE 15-04 Special Use Exception
(Sale of Alcoholic Beverage by the Drink for Consumption on the Premises where Sold)
Buffalo Wild Wings, 15425 #38 Manchester Rd, Ballwin MO 63011
Petitioner: AMC Ballwin Inc. dba Buffalo Wild Wings, 15425 #38 Manchester Rd, Ballwin MO 63011

Mr. Michael Woodworth, regional managing partner of Buffalo Wild Wings, addressed the Commission, requesting approval for the special use exception. He said that the reason for the request is a change of ownership. The franchise owners have changed, but the management team will remain the same.

Chairman Wind opened the public hearing, and asked if anyone wished to speak in favor of Petition SUE 15-04. No one came forward. Chairman Wind asked if anyone wished to speak in opposition to the peti-tion. No one came forward, and Chairman Wind closed the public hearing.

Chairman Wind made a motion to recommend approval of Petition SUE 15-04 to the Board of Aldermen. Commissioner Karr seconded the motion, which received unanimous approval from the commission mem-bers present.

SUE 15-05 Special Use Exception (Restaurant with alcohol sales by the drink, front yard parking, outdoor recreation and outdoor display of gardening supplies)
Hilbert Restaurant, 151 Ries Rd, Ballwin MO 63021
Petitioner: Bret & Megan Hilbert, 151 Ries Rd, Ballwin MO 63011

Mr. Bret Hilbert, owner of 151 Ries Rd, addressed the Commission, requesting approval for the special use exception. Alderman Stallman said he is confused by the petition. There is no clear direction for what is proposed for the site.

Mr. Hilbert said that he and his wife Megan have wanted to open a snow-cone stand for years, knowing that in Ballwin, it will only be allowed in a permanent structure. After considering several ideas, and speaking with City Planner Tom Aiken, they decided to convert the main building on the site into a restaurant, with the intention that it will be a snow-cone stand.

Mr. Hilbert said other items that are being requested in the petition are ancillary to the snow-cone stand. They have not made firm decisions about the other uses. He is trying to cover all the bases so he won’t have to return to the Planning & Zoning Commission with another petition.

Commissioner Goetz asked Mr. Hilbert about the age group of the expected clientele. Mr. Hilbert said that he expects a younger client base. He said neighbors have expressed concern that he is planning to open a bar, which is not the case. Commissioner Goetz asked about the hours of operation. Mr. Hilbert said he would stay open until 10:00, possibly 11:00 during the summer months.

Commissioner Goetz asked if the Hilberts plan to live upstairs in the building. Mr. Hilbert said no; they live in Manchester. He said the upper floor is not really habitable as the ceiling is very low.

Commissioner Goetz asked what percentage of the clientele the Hilberts expect to be less than 16 years old. Mr. Hilbert said that probably 75% of his customers will be under the age of 16. Commissioner Goetz asked if he has considered putting in a bike rack. Mr. Hilbert said he had not, but it is a good idea. Mr. Goetz said that, in consideration of the surrounding neighborhood, he likes the idea of this business being geared towards a younger crowd, rather than a beer-drinking age group. Mr. Hilbert said that the alcohol is really secondary to the snow-cone stand. He plans on getting his own children involved with working the stand when they are of age. Mr. Hilbert said he’s only looking into the alcohol because he feels parents would be more likely to bring their children to the snow-cone stand if there was an option to buy a draft beer.

Commissioner Goetz noted the language in the petition review report of a request for a “sand volleyball court or other similar outdoor entertainment venue.” He said this is very vague and asked for clarification of what that would mean. Mr. Hilbert said he has considered a splash park, but there are no definite plans for that. If the Commission feels that a sand volleyball court is not appropriate, he won’t put one in.

Commissioner Goetz asked what part of the lot would be used for the farmer’s market. Mr. Hilbert said he doesn’t anticipate it being larger than the detached garage and the area around the seating. He said he would like to sell pumpkins around Halloween and spring flowers on a small scale.

Commissioner Goetz asked if there was a plan in place for keeping neighborhood children out of the sand volleyball court after hours. Mr. Hilbert said he had no plans beyond removing the net at night.

Chairman Wind asked if there were any plans for an outdoor sound system or additional lighting. Mr. Hil-bert said he had no plans for either, stating that the existing lighting is sufficient to light the seating area. If the parking area is expanded past the garage, then that area will have to be lit.

Mr. Hilbert noted that in speaking with City Planner Aiken, he was told that the gravel parking lot is not allowed for a commercial property.

Chairman Wind asked if Mr. Hilbert is proposing a fence along Ries Road. Mr. Hilbert said he has no plans to do so. City Planner Aiken told him that the existing 10’ landscaping (grass) is sufficient to meet the min-imum ordinance requirements. Chairman Wind said there are several mature trees between the existing building on the site and the apartments. Is the petitioner going to leave them there? Mr. Hilbert said he wants to trim the trees back some to allow him to do his proposed parking.

Chairman Wind asked if the parking is expanded, where on the site would it be located? Mr. Hilbert said it will be to the east of the garage. Commissioner Goetz asked who owns the wedge of land between the site and Ries Rd. Mr. Hilbert stated that he owns it.

Chairman Wind opened the public hearing, and asked if anyone wished to speak in favor of Petition SUE 15-05.

Ms. Christy Bailey, 201 Lark Hill Ln, said she was initially concerned that Mr. Hilbert was proposing a bar. Now that she knows what the plan is, she thinks it’s a great idea. She feels it is a positive thing, especially since Mr. Hilbert wants to involve his children.

No one else came forward in support of the petition, and Chairman Wind asked if anyone wished to speak in opposition to the petition.

Mr. Roy Roberts, 157 Ries Rd, said he has to pass Mr. Hilbert’s property to get to his house. He said he is concerned that the parking lot will create problems for him to get in and out. He is concerned about noise as well.

Mr. Norman Flood, 332 Ries Bend Rd, commended the Planning & Zoning Commission on its fair handling of petitions. He is not opposed to the business itself, but feels there is a serious traffic problem on Ries Road, and access from the driveway will be a problem. Mr. Flood is opposed to al-lowing alcohol sales in a residential neighborhood.

No one else came forward, and Chairman Wind closed the public hearing.

Chairman Wind noted that liquor licenses are renewed annually, so any license given to Mr. Hilbert is sub-ject to review for any complaints or problems. The City then has the right to continue or revoke the license.

Mayor Pogue said that, like Alderman Stallmann, he is confused on the direction Mr. Hilbert wants to take with this petition. Mayor Pogue said he would support the snow-cone stand; however, the unknown of ask-ing for approval for the other items without knowing which ones will actually be implemented leaves him uneasy. He does not want to approve something without knowing exactly what it’s going to be. Mr. Hilbert said he does want the approval for a liquor license and the other items, but it is not the most important thing to him. He will still open the snow-cone stand.

Mayor Pogue said it’s the ambiguity that concerns him – there are too many question marks for him. There is no definition of what this business is. Mr. Hilbert said he is requesting approval for the other items be-cause they are all seasonal. Mayor Pogue said his other concern is parking. Without knowing what exactly is planned for the site, it’s impossible to know how much parking is needed. Mayor Pogue said other resi-dents have expressed their concerns about traffic around the site.

Mr. Hilbert said he is willing to put in whatever parking is necessary. Chairman Wind asked if the proposal is for 14 parking spots. Mr. Hilbert said that when he measured the space available, he believes that in addi-tion to the four currently on the site (there are five, but one will be lost when building the driveway to the garage), there is room for another 16 spots, for a total of 20. Chairman Wind asked what the usual size is for a parking space. City Planner Aiken said it is 19’x9’, so a double-loaded bay would require a total of 60 feet – 19’ for each spot with a 22’ driving aisle. He said the petitioner may have enough room to do a dou-ble-loaded bay.

Chairman Wind noted that while the four picnic tables will each seat six people, unless they are friends or relatives, six people won’t sit together at one table. He feels Mr. Hilbert’s accommodations are undersized for what he’s trying to do. He asked Mr. Hilbert if he has prepared a business plan. Mr. Hilbert said he didn’t bring a written plan to the meeting. Mayor Pogue reiterated that while he supports the snow-cone stand, there are too many unknowns for him. He would like to table the petition until a definitive plan can be submitted. Chairman Wind agreed with the mayor, and additionally said that he would prefer to see more of a family-oriented venue. Alderman Stallmann agreed.

Commissioner Goetz made a motion to table Petition SUE 15-05 to allow the petitioner time to provide a more specific business plan. Secretary Weaver seconded the motion, which received unanimous approval from the commission members present.

Other Business

Chairman Wind asked if there is anything for the October agenda. City Planner Aiken said there will be a meeting in October.

Chairman Wind announced that the December Planning & Zoning Commission meeting will be his last. He is moving out of the City of Ballwin.

Mayor Pogue introduced and welcomed Mr. Eric Hanson, the new City Administrator.

Adjournment

Commissioner Goetz moved to adjourn the meeting. Alderman Stallmann seconded the motion, which re-ceived unanimous approval from the commission members present. The meeting was adjourned at 7:55 p.m.

Michael Wind, Chairman
Planning & Zoning Commission