Planning and Zoning Commission Meeting

Meeting Agenda

Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE

October 6, 2008

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 Pat Buehrle
Secretary Frank Karr 
Commissioner Pat Apel 
Commissioner Sue Heath 
Commissioner Ron Kadane 
Commissioner Jim Leahy 
Alderman Jane Suozzi 
Mayor Walt Young 
Assistant City Administrator Tom Aiken 
City Engineer Gary Kramer 
City Attorney Robert Jones 

Approval of Minutes

A motion was made by Commissioner Karr and seconded by Commissioner Heath to approve the minutes of the July 7, 2008 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the Commission members present.

SUE 08-4 – Special Use Exception Petition
Restaurant with Carryout (No Alcoholic Beverages or Entertainment)
Lone Wolf Coffee Company, 15480 Clayton Road, Ballwin MO  63011
Petitioner:  Mr. Ralph Pfremmer, 930 Kehrs Mill Road #324, Ballwin MO  63011

Mr. Pfremmer presented the petition to the Commission, requesting approval of this petition to move into the space formerly occupied by Zhivago’s restaurant.  He and his partner own Pfoodman, a company that began in Ballwin and has grown considerably since 2006.  Pfoodman provides dining services and large-scale catering for colleges, universities and senior living developments from Ohio to Colorado.  Mr. Pfremmer listed some of their local customers, which include Lindenwood University and The Fountains of Ellisville.  Lone Wolf Coffee Company is a brand they developed for their institutional market.  Chairman Wind said that his wife is employed by the petitioner and asked if that is a conflict of interest.  City Attorney Jones confirmed that it is a conflict of interest and said that Chairman Wind should not participate in the discussion or vote, but he can still run the meeting. 

Mr. Pfremmer said that Pfoodman has another brand called Wild Thymes that is a nutritional and wellness food delivery program for private K-12 schools.  He will use the kitchen for the preparation of those meals.  Lone Wolf Coffee Company will be a restaurant/café which will promote an attitude of wellness and active living.  Mr. Pfremmer said he is very involved in the athletic community in Ballwin and Ches-terfield, and the name “Lone Wolf” was inspired by the Lone Wolf trail in Castlewood State Park.  Mr. Pfremmer said that the Lone Wolf Coffee Company café will offer a variety of quality fresh foods. 
Commissioner Kadane asked if the petitioner owns the building.  Mr. Pfremmer said they are leasing the building from Londe Enterprises.  It is a part of the Barn at Lucerne.  Commissioner Kadane asked about the hours of the catering portion of the business.  Mr. Pfremmer said that they would start around 7:00 a.m. and the deliveries would start to go out around 10:00 a.m.  He said the lower level will serve as the shipping/receiving area, and showed the Commission a floorplan of the site.  Alderman Suozzi asked about the trucks used for deliveries; how large are they and how often is product delivered?  Mr. Pfrem-mer said that there would probably be a tractor-trailer truck coming once a week to make deliveries.  His company uses vans to deliver their product.  Alderman Suozzi asked what time of day they anticipated that the deliveries will be made to his company, because the site backs up to a residential area.  Mr. Pfremmer said that they can schedule deliveries whenever they need to make them.  He would prefer to schedule them at the time that best fits the operation, but he is flexible.  Alderman Suozzi encouraged him to be sensitive in that regard.  He said he wants to be a good neighbor. 

Commissioner Kadane asked about the hours of operation.  Mr. Pfremmer said that the café would open at 7:00 a.m. and would close no later that 9:00 p.m.  Secretary Karr asked about the timeline for opening the café.  Mr. Pfremmer said they would like to set up the corporate office and begin the catering portion as soon as possible, and then begin building the café.  He said there are minor improvements to be made and would like to open the café by December 1 or January at the latest.
 
Chairman Wind declared the public hearing open and asked if there were any proponents wishing to speak in favor of Petition SUE 08-4.  There were none.  Chairman Wind asked if there were any opponents to speak against the petition.  There were none, and Chairman Wind closed the public hearing.

Commissioner Kadane made a motion to recommend approval of Petition SUE 08-4 to the Board of Al-dermen.  Commissioner Apel seconded the motion, which received unanimous approval from the Com-mission members present.  Chairman Wind abstained.

SUB 08-3 – Subdivision Petition – Subdivision Replatting Approval
Timbers at Ries Bend – Phase 1, 304, 310, 315, 316, 321, 322, 327 and 328 Tall Timbers Meadows Drive, Ballwin MO  63021
Petitioner:  Mr. John Mattingly, Junior Properties LLC, 1099 Cassens Industrial Ct, St. Louis MO 63026

Chairman Wind noted that the drawings for this petition were produced by Wind Engineering, to which he has no relationship whatsoever.

Mr. Tim Martin, Director of Operations for McKelvey Homes, addressed the Commission on behalf of the petitioner.  He said McKelvey Homes has entered into a marketing agreement with the petitioner.  The homes they build are larger than those the previous developer had planned, so the lots have to be adjusted accordingly.

Chairman Wind asked Planning Director Aiken if the previous plat was approved under the old comprehensive plan.  Mr. Aiken said that it was.  Chairman Wind asked if this change would fall under the new comprehensive plan.  Mr. Aiken said that it would.  Chairman Wind said that since this is the case, he was expecting to see elevation drawings of the homes proposed for the site.  Mr. Martin said that he was not aware that he needed to provide elevations, but the homes they are proposing to build will be the same as those being built in the Chavanel subdivision (off Barker Lane).  Chairman Wind said the new comprehensive plan recommends side-entry garages.  Mr. Martin said that McKelvey offers front and side-entry garages. 

Commissioner Kadane asked about the ownership of Phase 1 of the Timbers at Ries Bend.  Planning Director Aiken said that the ownership of the land has apparently changed, but the original developer is still responsible for developing the subdivision.  The surety is still in place and is still valid.  The current owner, John Mattingly, was one of the partners of the original development company, which is still responsible for runoff control and keeping the grass mowed.  Commissioner Kadane asked if McKelvey is involved with Phase 2.  Mr. Martin said that McKelvey Homes has a marketing agreement with the owners of Phase 2 as well.  There are a couple of contracts for lots, but they are not firm.

Commissioner Apel asked about following the new comprehensive plan for Phase 1 when Phase 2 still falls under the old comprehensive plan.  Planning Director Aiken said that he felt this petition was a very minor adjustment to a subdivision that was already approved, so he didn’t feel that it was necessary to require elevation drawings or an extensive discussion of the subtle recommendations of the comprehensive plan.  He said if the Commission felt it needs to review the elevations, it would have to request them from the petitioner.  Commissioner Apel said that he is happy to see the development going down from eight lots to seven.  Several Commission members agreed.

Commissioner Apel questioned whether the petitioner should be subjected to the recommendations of the new comprehensive plan, since Phase 2 will not be required to do so.  Mr. Aiken reiterated his feeling that the changes to this subdivision, which had been previously approved, were very minor.  Applying the new comprehensive plan does not fundamentally change the plan’s ability to be approved as requested.  Chairman Wind said this is an opportunity for the Commission to follow the comprehensive plan, and request that the new homes follow those recommendations. 

Commissioner Heath asked Mr. Martin if the petitioner is going to primarily build homes with three-car side-entry garages.  Mr. Martin said that will be an option for the buyers.  Commissioner Heath said that she would rather see McKelvey build homes with front-entry garages than have the property sit vacant and be an eyesore.  Chairman Wind agreed, but said that he feels the Commission should encourage the petitioner to build side-entry garages and try to meet the recommendations of the comprehensive plan. 

Commissioner Apel asked if the petitioner withdrew his replatting request and went back to eight lots, would he be required to provide side-entry garages?  Planning Director Aiken said he would not, and noted that the plan does not require side entry garages, it only recommends that roadway fronting garages should not dominate the design.  Mr. Martin said that it is more expensive for them to reduce the number of lots.  Commissioner Heath said the Commission should vote solely on the basis of the replatting from eight lots to seven.  Commission Leahy encouraged the Commission members to show some flexibility and work with the petitioner.  Commissioner Heath agreed, saying this site has been a mess from when it was first approved. 

Mayor Young said all the points made have been valid, but it’s a catch-22, since the second phase does not fall under the new comprehensive plan recommendations.  He said people will be happier to see homes built rather than a vacant lot.  Chairman Wind said he is not trying to stop anything, and encouraged Mr. Martin to make every attempt to follow the recommendations of the comprehensive plan.  Mayor Young asked City Attorney Jones if the Commission could recommend that Planning Director Aiken make this work within the development of the project.  City Attorney Jones said that there is no mechanism to make a City staff member responsible for architectural review.  He said there is an economic incentive for the builder to build side-entry garages, and with larger lots there is more opportunity to do so and meet the recommendations of the comprehensive plan.  City Attorney Jones said the Planning & Zoning Commission can ask that the Board of Aldermen discuss meeting the recommendations of the comprehensive plan with the petitioner when they consider this legislation.

Mayor Young asked Mr. Martin if they could try to steer buyers to the side-entry garages, citing the recommendation of the comprehensive plan.  Mr. Martin said they could try to do that, but if they can sell a house, they are going to.  Alderman Suozzi said that the comprehensive plan also talks about disguising the garage with architectural elements so that it’s not just an expanse of garage doors.  Mr. Martin said that McKelvey uses decorative garage doors, and their front-entry garages do not project out from the front of the house.

Commissioner Kadane asked about future subdivisions.  Will the Planning & Zoning Commission have to include wording about following the comprehensive plan in each recommendation?  Chairman Wind said that future subdivisions will be required to provide elevation drawings. 

Planning Director Aiken said that in his mind this is not a new development, which is why he didn’t require submittal of the elevation drawings.  He said if this were a brand new development, it would have been viewed as an infill site, and the petition review report would have reflected that.

Commissioner Karr asked if the Planning & Zoning Commission could require Phase 2 to come under the new comprehensive plan.  Mr. Martin said that they have no plans to amend Phase 2 lots.  Planning Director Aiken said that the petitioner will not have to come back before the Commission for Phase 2.

Chairman Wind opened the public hearing and asked if there were any proponents wishing to speak in favor of Petition SUB 08-3.  There were none.  Chairman Wind asked if there were any opponents to speak in opposition to the petition.  There were none, and Chairman Wind declared the public hearing closed.

Commissioner Apel made a motion to recommend approval of Petition SUB 08-3 to the Board of Aldermen. Commissioner Heath seconded the motion, which received unanimous approval from the Commission members present.

Commissioner Apel asked City Attorney Jones if a recommendation to put in a side-entry garage is enforceable.  City Attorney Jones said it is not enforceable as a recommendation, but Planning Director Aiken said if the petitioner agreed to it and it was made a condition of approval of the petition, it would be part of the ordinance, and therefore enforceable.  Chairman Wind said that with future infill developments, the Commission is going to want to see a detailed plan of what the petitioner is planning to do.

Business Licenses Issued / Summary of Items Sent to the Board of Aldermen

Chairman Wind said that work is being done on Gordon Plaza.  Mr. Aiken said they are putting in the new detention basin and fence, and will be giving the whole plaza a facelift.  He said they are not building the new addition to the building yet.

Chairman Wind said that the new parking lot has been built at Holy Infant and it is being used for drop-off and pick-up of students.  He said he thinks that will greatly help with traffic control and student safety.

Planning Director Aiken said that he hasn’t heard anything regarding 5th/3rd Bank.  Commissioner Heath asked about Clubhouse Pizza.  Mr. Aiken said the petitioner never closed on the sale because he was unable to secure financing.

Proposition H

Mayor Young described Proposition H, which has been endorsed by the St. Louis County Municipal League.  Prop H has to do with the funding for a new county-wide emergency communications system for fire, ambulance and police responders.  The money that will be raised will be from a tax on items purchased from vendors in other states.  This tax is necessary because there is a national mandate to have equipment in compliance by 2012 so that all emergency responders can communicate with each other.  Mayor Young encouraged the Commission members to explain this to their friends and neighbors. 

Chairman Wind asked what the anticipated revenue would be.  Alderman Suozzi said that it would be about $30 million a year countywide.  Half of the revenue would be earmarked for the communications system, and the other half would be distributed to the cities for their general funds.  The City’s portion would be approximately $300,000.
Other Business

Chairman Wind announced that Anna Hunter has resigned from the Commission.  Planning Director Aiken said she has taken a job with the City of Eureka as the Economic Development Director and the feeling was that there could be a potential conflict of interest.  Chairman Wind expressed his thanks to Ms. Hunter for her dedication to the Planning & Zoning Commission.  Mayor Young said it is a tremendous loss, as she worked hard on the Comprehensive Plan and on this Commission.

Mr. Aiken said because no Commission members terms expired this year, the election of a chairman for the Planning & Zoning Commission was inadvertently overlooked.  Chairman Wind will continue to serve until replaced.  This will be placed on the next meeting’s agenda.  As there are no items for the No-ember agenda, election of the chairman will be placed on the agenda for December, providing there are items to be considered.  At this time, Mr. Aiken anticipates having the overlay districts of the comprehen-sive plan ready for review by the Commission in December.

Commissioner Leahy asked about the zoning sign in front of the old Seventh Inn site.  Mr. Aiken said that Madison at Seven Trails wants to build an additional clubhouse, and to do so, they will need a variance.

Adjournment

A motion was made by Commissioner Apel and seconded by Commissioner Karr to adjourn the meeting.  The motion received unanimous approval, and the meeting was adjourned at 7:55 p.m.

 Michael Wind, Chairman
 Planning & Zoning Commission