Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION MEETING
Held at the Donald “red” loehr police and court center
300 PARK DRIVE

October 5, 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 15-06 Special Use Exception – Operation of a Financial Businesss

Tower Loan of Missouri Relocation, 15252 Manchester Rd, Ballwin MO 63011
Petitioner: Mr. John E. Tucker, Tower Loan of Missouri, PO Box 32001, Flowood MS 39232

Tower Loan of Missouri wishes to relocate its operation within Dicken’s Plaza from 15264 to 15252 Manchester Rd. Tower Loan of Missouri presently operates a financial business that is regulated by the Missouri Division of Finance under a special use exception granted per ordinance 13-45 in 2013. Such financial businesses have required the issuance of a special use exception (SUE) since 2008 when the zoning ordinance was amended to require this of all financial institutions regulated by the Missouri Division of Finance. The zoning regulation imposed a series of design and operational criteria as conditions for the issuance of the SUE. These criteria are applicable at the new location as they were to the existing approved location.

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

October 5, 2015

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

PRESENT                                                 ABSENT
Chairman Michael Wind                       Secretary Mark Weaver
Commissioner Lynn Goetz
Commissioner Frank Karr
Commissioner Chad Silker
Commissioner Mike Utt
Commissioner Chris Wright
Commissioner Lisa Zimmerman
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 Commissioner Karr and seconded by Commissioner Utt to approve the minutes of the September 9, 2015 meeting of the Planning & Zoning Commission as submitted. The motion received unanimous approval from the Commission members present.

SUE 15-06 Special Use Exception – Operation of a Financial Businesss
Tower Loan of Missouri Relocation, 15252 Manchester Rd, Ballwin MO 63011
Petitioner: Mr. John E. Tucker, Tower Loan of Missouri, PO Box 32001, Flowood MS 39232

Mr. Randy Stern of Gershman commercial real estate, landlord of the petitioner, addressed the Commission on behalf of the petitioner, requesting approval for the special use exception. He introduced Glenn Kerr, district supervisor for Tower Loan. Mr. Stern said that Tower Loan is moving within the shopping center to allow the creation of a larger space for a potential tenant.

Commissioner Goetz said that the petition review report recommended the submission of a floor plan show-ing the areas surveilled by security cameras, as well as a lighting plan and alarm system, and these have not been provided. Mr. Goetz said that the Commission doesn’t have the information it needs to make a rec-ommendation.

Mr. Goetz also noted that the petition gives 15252 Manchester Road as the address for the new space. He could not find this address at the site. Mr. Stern said the former Buffalo Wild Wings space will be divided and the address created. Mr. Goetz said that information was not provided, and the Commission cannot make assumptions.
 
Chairman Wind asked for clarification of where Tower Loan will be moving, as the submitted drawing is unclear. Commissioner Zimmerman asked if the petitioner is proposing to use the center section of the three units that comprised the former Buffalo Wild Wings. Mr. Stern said that is correct. Commissioner Zimmerman asked about the square footage of the three sections. Mr. Stern said that construction hasn’t begun, but they will be approximately 1280 square feet, which is similar to the space currently occupied by Tower Loan.

Chairman Wind asked Mr. Stern if he would like to respond to Commissioner Goetz’s question regarding the details that have not been provided. Mr. Stern said the security system currently in place for Tower Loan will be relocated to the new space. Commissioner Goetz said that information was not provided when Tower Loan first applied for its SUE. Mr. Stern said he thought he submitted that information to City Plan-ner Aiken at that time. Mr. Aiken said he doesn’t have the information in the file, but when the building permit was issued for the current location, the inspectors were instructed to verify that the required equip-ment was installed. This was done. City Planner Aiken said he has no reason to believe that the equipment is not in the current space. Mr. Kerr said Tower Loan is currently compliant with all requirements, and all systems will be relocated to the new space; however, plans have not been drawn up for the new space yet. Chairman Wind pointed out that none of that information was submitted with this petition.

Alderman Stallman noted that the date on the plan that was submitted is 2013. Mr. Kerr said that was the initial plan for the existing Tower Loan location. Mr. Stern said the plan is to recreate the same plan in the proposed location. Commissioner Zimmerman asked if there is anything in the Ballwin ordinance that would necessitate a change in parking requirements. City Planner Aiken said that since the footprint of the plaza building isn’t changing, the parking requirement will not change.

Chairman Wind opened the public hearing, and asked if anyone wished to speak in favor of Petition SUE 15-06. 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 said he would like to have more details about the petition so the Planning & Zoning Com-mission can make a recommendation based on all the information. Commissioner Goetz made a motion to table Petition SUE 15-06 until the next meeting to allow the petitioner time to provide the details that are required. Mayor Pogue seconded the motion, which received unanimous approval from the commission members 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. Chairman Wind said he read through the memo from City Planner Aiken specifying the changes to the petition; namely, eliminating the volleyball court, and adding a playground and additional picnic benches. Chairman Wind asked about lighting for night operations. Mr. Hilbert said the existing lighting on the front and back of the building is adequate for the immediate area. He doesn’t feel additional lighting will be needed for the proposed parking area. If the parking lot were to be expanded, he would consider more lighting. Chairman Wind asked if Mr. Hilbert would have to return to the Planning & Zoning Com-mission for additional parking and illumination. City Planner Aiken said it would depend on the extent of the change. City Attorney Jones agreed, but said any expansion of parking would need to come before the Commission.

Chairman Wind asked if Mr. Hilbert planned to remove trees from the site. Mr. Hilbert said he plans to trim back the underbrush along the north property line to permit the placement of additional plantings. There is one tree to the east of the storage building whose roots are causing damage to the floor of the building, and he anticipates removing it. Chairman Wind asked City Planner Aiken about rules regarding tree removal. Mr. Aiken said if existing trees are incorporated into a site development plan, they must be preserved, but this proposal has no such provision for the trees internal to the site, so they could be removed.

Chairman Wind stated that at the September 9, 2015 meeting of the Planning & Zoning Commission, he closed the public hearing on this petition. He asked if anyone had an objection to reopening the public hear-ing. Mayor Pogue asked if it would be legal to do so, in light of it not being advertised as such. City Plan-ner Aiken it was a matter of public record that the petition was continued to this meeting. City Attorney Jones said that the public hearing could be reopened with a motion and a vote. Chairman Wind made a mo-tion to reopen the public hearing. Mayor Pogue seconded the motion, which received unanimous approval from the Commission members present.

Mr. Hilbert submitted a petition showing support for his business proposal. Commissioner Goetz asked how many people did not want to sign the petition. Mr. Hilbert said there were two people.

Chairman Wind asked if anyone wished to speak in opposition to the petition.

Mr. Norman Flood, 332 Ries Bend Rd, is concerned about traffic congestion at the Jefferson Avenue stop sign near the proposed business. He feels anyone traveling on Ries Road will be impacted by this. He is also concerned with pedestrian safety. He said the only a sidewalk is on the east side from the site to Manchester Road. He also feels very strongly that a restaurant should be kept on the main streets.

Chairman Wind noted that the second page of Mr. Hilbert’s petition does not include a statement of what the petition is about, so there is no assurance that those who signed knew what they were signing. Mayor Pogue said he wanted to correct a statement made by Mr. Flood. There are sidewalks from Mr. Hilbert’s property going south to the far property line of the church. Mayor Pogue said that the new development that will be built south of the church will be required to install sidewalks as well.

No one else came forward in opposition to the petition, and Chairman Wind asked if anyone wished to speak in favor of Petition SUE 15-05.

Mr. Charles Raymond, 303 Essen Ln, said he and his family walk in the area, and would patronize the business. He does not anticipate any traffic problems.

Ms. Christy Bailey, 201 Lark Hill Ln, said she has spoken with her neighbors, who all feel the pro-posed business would be a positive addition. The neighborhood children walk to Quiktrip for snacks, and would most likely patronize the proposed business. She asked the Commission to make a positive recommendation for the snow-cone stand.

Ms. Cathy Barry, 155 Ries Rd, said the Hilberts have been very good neighbors and she supports their business endeavor. She said the lawnmower business generated a lot of traffic, but it was never a problem.

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

Mr. Hilbert addressed Mr. Flood’s concerns about traffic, saying that they would not be open during the morning rush hour, and would not have much business in inclement weather. He anticipates the busiest time will be after the evening rush hour.

Commissioner Zimmerman asked if the business would be pet-friendly. Mr. Hilbert said yes.

Chairman Wind said he travels Ries Road quite often, but has never had issues getting in and out of side streets.

Chairman Wind made a motion to recommend approval of Petition SUE 15-05 to the Board of Aldermen. Commissioner Utt seconded the motion, which received unanimous approval from the commission members present.

Other Business

Chairman Wind asked if there is anything for the November agenda. City Planner Aiken said the only item will be the petition that was tabled at tonight’s meeting. There will be an item on the December agenda to review the Capital Budget.

Adjournment

Chairman Wind moved to adjourn the meeting. Alderman Stallmann seconded the motion, which received unanimous approval from the commission members present. The meeting was adjourned at 7:35 p.m.

Michael Wind, Chairman
Planning & Zoning Commission