Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION MEETING
Planning and Zoning Commission Public Hearing Speakers Form click here

Held at the Donald “Red” Loehr Police and Court Center
300 PARK DRIVE
May 4, 2009 7:00 P.M.

AGENDA  

 1. Call to Order

 2. Approval of Minutes – December 1, 2008

 3. Swearing in of New Commission Member

 4. Election of Officers (Recommend Deferral to June 2009 meeting)
  
 5. SUE 09-1 – Special Use Exception Petition (Alcohol Sales and Entertainment)
  Lone Wolf Coffee Company, 15480 Clayton Road, Ballwin MO  63011
  Petitioner:  Mr. Ralph Pfremmer 

REVIEW REPORT click here

 6. Z 09-1 and Z 09-2 – Zoning Ordinance Change – C-1 and NCD Zoning
  Schnuck Markets, 2511 Kehrs Mill Road, Ballwin MO  63011
  Petitioner:  Mr. David Fontana, Schnuck Markets, 11420 Lackland Rd, St. Louis MO 63146

Adobe reader required to view these documents.
C-1 Site Plan click here
Kehrs Mill Elevation click here
South Elevation click here
Clarkson Elevation click here
Parking Lot Elevation click here
Landscape Plan click here
ZO9-1 Review Report click here
ZO9-2 Review Report click here
Exhibit C to Zoning Ordinance Change Petition Summary of Proposed Restrictions click here
Ballwin Schnucks Traffic Impact Study click here (9MB large file)

 7. Z 09-3 and Z 09-4 – Zoning Ordinance Change – C-1 and NCD Zoning
  Clayton & Henry Development, Southwest Corner of Clayton & Henry Rds. (14448 and 14464 Clayton Rd, and 775, 781, 785, and 793 Henry Ave), Ballwin MO  63011
  Petitioner:  Mr. Dan Thies, Clayton Henry LLC and WB Properties LLC, 16650 Chesterfield Grove Rd, Suite 100, Chesterfield MO  63005 

Clayton and Henry Site Plan click here
Clayton and Henry Elevation click here
CVS Elevation click here
ZO9-3 Review Report click here 
ZO9-4 Review Report click here
Proposed Approved Uses click here
Petitioners review report response ZO9-3 click here
Area Exhibit response ZO9-3 click here
Petitioners review report response ZO9-4 click here

 8. Status Report - Items Sent to the Board of Aldermen 

 9. Business Licenses Issued

 10. Adjournment

Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE
May 4, 2009

The meeting of the Planning and Zoning Commission was called to order by Chairman Michael Wind at 7:05 p.m.  Members in attendance were:
 
PRESENT                                                                ABSENT
Chairman Michael Wind                        Commissioner Pat Apel
Secretary Frank Karr 
Commissioner Pat Buehrle 
Commissioner Sue Heath 
Commissioner Ron Kadane 
Commissioner John Schwent 
Alderman Jimmy Terbrock 
Mayor Tim Pogue 
 
Assistant City Administrator Tom Aiken 
City Engineer Gary Kramer 
City Attorney Robert Jones 

Approval of Minutes

A motion was made by Commissioner Kadane and seconded by Commissioner Karr to approve the min-utes of the December 1, 2008 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the Commission members present.

SUE 09-1 – Special Use Exception Petition (Alcohol Sales and Entertainment)
 Lone Wolf Coffee Company, 15480 Clayton Road, Ballwin MO  63011
 Petitioner:  Mr. Ralph Pfremmer

Mr. Ralph Pfremmer, owner of the Lone Wolf Coffee Company, addressed the Commission, requesting approval for a special use exception allowing live entertainment and the sale of alcohol. 

Mr. Pfremmer said that currently the space is divided with one side being used as office space, and the restaurant on the other side.  He would like to open the office area to be used for additional seating as well as a meeting room / private dining area for groups.  He plans to move the office to the space previously occupied by the Enigma Lounge.  Mr. Pfremmer said he does not plan to build a bar.  He said he is asking for the full liquor license because the catering side of his business requires him to have a permit to sell liquor by the drink for special events.

Commissioner Heath asked the petitioner what the current business hours are.  Mr. Pfremmer said they are open until 8:00 p.m, Monday – Friday, and until 7:00 on Saturday and Sunday. 

Chairman Wind asked Mr. Pfremmer if he had any objection to the language of the ordinance granting city officials the right to require security personnel if it is deemed necessary.  Mr. Pfremmer said he doesn’t feel there is a need for security, but he has no objection to including the language in the ordi-nance.

Commissioner Heath asked if Mr. Pfremmer has gotten authorization from the property owners for the additional parking spaces needed if the restaurant provides entertainment.  Mr. Pfremmer said that the entertainment will include acoustic music and poetry reading intended to enhance the dining experience.  They do not plan to open the restaurant as a venue.  Planning Director Aiken said that the parking is on site; the petitioner would be using more parking than is allocated for the approved use.  The ordinance requires the property owner to allow this shared use in the off-hours.

Commissioner Kadane asked if a full liquor license includes the sale of package liquor.  Planning Director Aiken said that it does.  Mr. Pfremmer said that he does not plan to sell package liquor, only beer and wine in the restaurant, and liquor by the drink in the meeting room.

Mr. Pfremmer said if the business continues to grow, he would like to stay open until 10:00 p.m. and asked if he would need to come before the Planning & Zoning Commission to change the hours of opera-tion.  Planning Director Aiken said that the SUE for the Lone Wolf Coffee Company does not place a limit on the hours of operation.  City Attorney Jones noted that if the Commission feels that the hours should be restricted, it should be written into the recommendation.

Alderman Terbrock asked how much of the building the petitioner currently occupies.  Mr. Pfremmer said they have half of the first floor as well as the receiving dock on the lower level.

Chairman Wind stated that when the petitioner previously appeared before the Commission, he had to abstain from voting on the petition as his wife was employed by the petitioner’s company.  He said his wife no longer works for the petitioner.  Chairman Wind declared the public hearing open and asked if there were any proponents wishing to speak in favor of Petition SUE 09-1. 

 Walt Young, 634 Lemonwood Dr, said the petitioner has been an upstanding business owner and asked the Commission members to consider that as they deliberate.

Chairman Wind asked if there were any opponents to speak against the petition. 

 Greg Snider, 314 Clayheath Ct, spoke as a trustee for Clayton Ridge subdivision. Mr. Snider said he likes the coffeehouse, but feels that if alcohol is served, it will negatively impact their subdivision.  There is no access to the property directly from Clayton Road, and customers must use Clayheath Ct.   He said that when the petitioner first opened, there was to be no alcohol.  Now they are requesting a full liquor license.  The residents of the subdivision are concerned about what the future holds.

Commissioner Kadane asked if there have been traffic problems with Lone Wolf customers cutting through.  Mr. Snider said traffic has increased.  Chairman Wind asked how many homes Mr. Snider is representing as a trustee.  Mr. Snider said there are 56 homes in the subdivision.  He said this will be the fourth liquor-serving establishment around them (Clancy’s, Sky Music Lounge, and a sports bar).

 Melissa Murphy-Fowler, 910 Claybend Dr, showed the Commission a map she created when the Enigma Lounge became a problem.  She said she and her neighbors object to alcohol being sold in their backyard.  She said she is concerned about inebriated people trespassing and throwing beer bot-tles in their yards.  She is also concerned about people parking along their residential street.

Commissioner Kadane asked again if there have been problems with Lone Wolf customers trespassing.  Ms. Murphy-Fowler said there haven’t been problems to this point, but she said she feels there will be if the liquor license is issued to Mr. Pfremmer.

 Stacey McCarthy, 918 Claybend Dr, said her family loves the Lone Wolf Coffeehouse, but feels that if alcohol is served, it will change the character of the restaurant.  She said that non-residents parking on their streets will be a problem for emergency equipment.

 Valerie Murdock, 2703 Joyceridge Dr, Chesterfield, suggested that the residents in opposition pro-vide documentation to support the claims of alcohol abuse.

There were no other opponents, and Chairman Wind declared the public hearing closed.

Commissioner Heath asked for clarification on what is being requested with the liquor license. Mr. Pfremmer said that there is a meeting room adjacent to the restaurant with French doors that will be open for additional seating during normal business hours.  Beer and wine by the drink will be sold during those hours.  If someone uses the meeting room, he would shut the doors and could make the bar available to them for their private party.  The main reason he is asking for the full liquor license is to make it available for off-site events.  Mr. Pfremmer said they are creating the Lone Wolf brand to go national. He wants the neighboring residents to know that he is not the Enigma Lounge and does not want to alienate their cus-tomers or neighbors.  He plans to be a good neighbor.

Commissioner Kadane asked if the petitioner would be willing to only have a liquor license for beer and wine.  Mr. Pfremmer said that he would, if that’s what the City required.  Chairman Wind asked if the petitioner sells the business, would that allow the next owner to do what he wanted with the full liquor license.  City Attorney Jones said that the SUE and the liquor license would have to be transferred under the review of the Board of Aldermen. Chairman Wind said he feels a restriction to selling beer and wine only would be a reasonable compromise.  Commissioner Buehrle said that he doesn’t feel it makes that much difference; a person can get drunk on beer or wine too.  Chairman Wind asked if liquor licenses are reviewed and renewed annually by the Board of Aldermen, and if so, can the City revoke the license if there is just cause?  City Attorney Jones said that the liquor licenses are renewed annually in July, and the process involves a police report with regard to any complaints or issues.

Mayor Pogue asked the petitioner about the current seating capacity of the restaurant, and what the maxi-mum would be with the expansion.  Mr. Pfremmer said that the “expansion” would simply be moving the office to the lower level, which would provide approximately 40 more seats.  The restaurant currently seats 70. 

Commissioner Kadane said that he feels this is one of the better-run businesses in Ballwin, and doesn’t feel that liquor sales will be a problem.  He then made a motion to recommend approval of Petition SUE 09-1 to the Board of Aldermen, with the restriction that no package liquor sales are permitted.  Commis-sioner Buehrle seconded the motion, which received unanimous approval from the Commission members present.

Z 09-1 and Z 09-2 – Zoning Ordinance Change – C-1 and NCD Zoning
 Schnuck Markets, 2511 Kehrs Mill Road, Ballwin MO  63011
 Petitioner:  Mr. David Fontana, Schnuck Markets, 11420 Lackland Rd, St. Louis MO 63146

Chairman Wind said he would like to limit the amount of time spent on these petitions in order to allow time for the rest of the agenda items.  He suggested the Commission set a time limit, beyond which the petitions would be held over to the next meeting.  Commissioner Kadane suggested limiting the time al-lowed for each speaker.  Chairman Wind agreed, and said he would also only allow those who had sub-mitted a speaker’s form to speak.  Commissioner Kadane asked if the speakers could be restricted to Ballwin residents.  City Attorney Jones said that cannot be done at a public hearing.

Mr. Jim Mello, attorney for Schnuck Markets, addressed the Commission.  He asked that the public hear-ing on Petitions Z 09-1 and Z 09-2 be postponed due to the number of people attending who were unable to be in the room and unable to hear his presentation and comments by other residents.  Mr. Mello said that although he and the petitioner are prepared to make their presentation, he feels the appropriate course of action would be to reschedule the hearing at a venue large enough to hold all interested parties, to be in compliance with the open meeting laws of the State of Missouri.

City Attorney Jones said this would be a proper action, provided the petitioner is willing to cause another advertisement and necessary notice procedure for a new meeting.  Mr. Mello requested that it be a special meeting with only these petitions on the agenda.  He asked that this meeting take place prior to the regu-larly scheduled meeting in June, so that the petitioners will have a timely consideration of their petitions.

Chairman Wind asked about the time frame for advertising.  Planning Director Aiken said that meetings must be advertised two weeks prior to the date.  He said the availability not only of the Commission members but a venue large enough to accommodate the interested parties must be considered.

City Attorney Jones said no motion is necessary, it will just be rescheduled.  Commissioner Kadane asked if there are additional costs involved.  Planning Director Aiken said the only cost is the advertising.  An audience member asked how it would be advertised.  Mr. Aiken said it would be in the newspaper, on the Zoning hotline, and posted on the City’s website.

Chairman Wind said he agrees with the petitioner that it is in the best interest of all those who want to hear the presentation and be heard, and in order to do so, this hearing must be moved to a more appropri-ate location. 
 
Z 09-3 and Z 09-4 – Zoning Ordinance Change – C-1 and NCD Zoning
 Clayton & Henry Development, Southwest Corner of Clayton & Henry Rds (14448 and 14464 Clayton Rd, and 775, 781, 785, and 793 Henry Ave.), Ballwin MO  63011
 Petitioner:  Mr. Dan Thies, Clayton Henry LLC and WB Properties LLC, 16650 Chesterfield Grove Rd, Suite 100, Chesterfield MO  63005

Mr. Bill Biermann, of Clayton Henry LLC and WB Properties LLC, addressed the Commission, and in-troduced his partners Dan Thies and Bob Brinkmann.  Mr. Brinkmann distributed a packet of information regarding their proposal to the Commission members and presented the proposed development to the Commission, which includes a mixture of retail and independent living facilities.

Mr. Brinkmann first addressed points raised in the petition review report for Z 09-3, beginning with the height of the residential building.  He said the petitioner is agreeable to limiting the building height to three stories with a maximum height of 55’ rather than 65’, and said it may even be lower than that.  Mr. Brinkmann also noted that the building footprint shown on the site plan is larger than what will actually be built.

Mr. Brinkmann spoke about screening for the site.  He said the petitioner plans to build a slope with a fence and plantings along the rear yards of the neighboring homes.  He said that this will help contain all the water runoff on the site.

Mr. Brinkmann said the traffic study has been completed, but was not done in time to be distributed to the Commission members.  He asked that the Commission, if making a determination on these petitions at this meeting, make their decision with the stipulation that the petitioner work with MoDOT regarding any traffic issues.

Mr. Brinkmann then addressed points raised in the petition review report for Z 09-4.  The petitioner con-curs with the permitted uses recommended in the report.  Mr. Brinkmann discussed parking and said that the petitioner would like to remove the 27 parking spaces along Clayton Road and the 27 spaces behind the bank for purposes of this review, but would like to retain the option to put them back in the future if they are needed.

Mr. Brinkmann said that the petition review report recommended a 12’ sidewalk on the east side of retail building C.  Mr. Brinkmann said this side is not intended to be an access into the building, but a pedes-trian walkway only.  He said the petitioner will provide for special pavement markings.  Outdoor sales would not be allowed without special permission from the City for one-time events.  Mr. Brinkmann said that some tenants will want to have outdoor displays to enhance the shopping experience.

Mr. Brinkmann addressed the recommendations regarding architectural elements.  He said that the CVS pharmacy will have texture and architecture.  It was an oversight that the elevations submitted to the Commission did not show the stone.  Chairman Wind said that in looking at the elevation drawings of the CVS store, he sees a long blank wall, which is contrary to the recommendations of the comprehensive plan.  Mr. Brinkmann said that they will plant ivy and other landscaping to soften the wall. 

Mr. Brinkmann said that all the rooftop equipment will be screened.   He said the petition review report recommended covering the entire walkway.  The petitioner feels that it is an important part of the archi-tecture of this project to have the French country look with rafter tails.  The entrances would be protected, but the sidewalk would not be covered. 

Mr. Brinkmann distributed photos of the trash enclosures that were made for the Chesterfield Valley shopping center.  He said the enclosures for this development will be similar, with a stone base and stucco walls.

Mr. Brinkmann said that the petitioners have always treated this site as an entrance to the City of Ballwin.  They met with John Pils to create a three-dimensional piece of artwork for the development based on the cityscape Mr. Pils drew for the City. 

Mr. Brinkmann discussed the lake that will be part of the development.  He said it will take all the water from the parking lots.  Mayor Pogue asked if the petitioners had thought about using water from the lake for landscape irrigation.  Mr. Brinkmann said they had not considered that because it doesn’t work very well.  It is difficult to maintain the water level in the summer months.  Alderman Terbrock asked if they will use more drought-resistant plants.  He said he would like to see the petitioners move in a sustainable direction.  Mr. Brinkmann said that those types of plants generally do not allow for 100% screening, but they will look at that to see what they can do.  He said if there is nothing to preclude drilling a well, that is another solution.

Mr. Brinkmann discussed the grading plan.  He said there are two watersheds, and rather than have a small basin at the north end of the property and a larger basin at the south end, the petitioners opted to put a water feature in the site.  Chairman Wind asked how this affects the neighboring homes.  Mr. Brink-mann said it keeps the stormwater runoff from going into their yards.  Mr. Wind asked if the grading will be lower than the current grade.  Mr. Brinkmann said it is higher.  They are adding five feet with a 3:1 slope and building a berm with a fence.  Commissioner Kadane asked if the fence will be white vinyl.  Mr. Brinkmann said it will be a 6’ cedar fence with two feet of lattice.

Commissioner Kadane asked about the outflow from the lake.  Mr. Brinkmann said there are overflow structures at each end of the lake which will take water out simultaneously into the two watersheds.  Com-missioner Kadane clarified that the water will go to an off-site storm sewer.  Mr. Biermann said they have an easement for this.

Mr. Brinkmann described the materials that will be used for roofing and the exterior of the buildings.  He said there is no “back door” to the buildings or blank walls.  Alderman Terbrock asked if it will be a full roof or a façade.  Mr. Brinkmann said it will be a façade, and the inner roof will have a thermal plastic overlay that reflects the light.

Mayor Pogue asked what type of lighting will be used along the perimeter of the property where it backs to the residential neighborhood.  Mr. Brinkmann said the petitioner would use as little as possible.  Mayor Pogue asked if the petitioner has considered using LED lighting to reduce the amount of light pollution to the surrounding residents.  Mr. Brinkmann said most site lighting is done that way.  He said the petitioner is sensitive to concerns about light shining onto neighboring properties.

Commissioner Kadane asked Mr. Brinkmann about the traffic study, and any comments from MoDOT regarding lining up the access from Henry Ave. with Clayton Corners Drive.  Mr. Brinkmann said he had just received the study and MoDOT has not given the petitioner any comments.  He said the problem with lining up Clayton Corners Drive and the Henry Ave. access is the difference in grade.  Commissioner Kadane asked if the access from Henry Ave. is necessary.  Mr. Brinkmann said it’s an easier access than coming into the site from Clayton Road, and feels that most Ballwin residents would use this entrance.
Planning Director Aiken said that Ballwin doesn’t have any standards on offsets, so although Henry Ave. is a Ballwin road, Ballwin uses St. Louis County standards regarding offsets such as these.  St. Louis County defers to MoDOT.  Mr. Aiken said the traffic study observed that the traffic counts are low on Clayton Corners Drive and the proposed access to the site, and since both roadways are visible to each other, it will not be a problem.

The petitioner’s traffic engineer, Ms. Julie Nolfo, said that the roads are offset approximately 125’ in the preferred directions, and each has a clear line of sight to the other.  She said the volume of traffic coming out of Clayton Corners drive is extremely low, and Henry Ave. is a two lane road, which is easier to navi-gate.  Using Henry Ave. as an access will also allow people to take advantage of the light at Clayton and Henry to make a left-hand turn.  It will be difficult to make a left turn out of the proposed development onto Clayton.

Commissioner Heath asked if the Clayton Road curb cut closest to Henry Ave. will be right-in/right-out only.  Ms. Nolfo said that it will.  She noted that, as of this meeting, the traffic study had not yet been provided to MoDOT, which will have the final say in regards to curb cuts and roadway improvements.

Commissioner Kadane asked when construction would begin if the petitions received a favorable recom-mendation.  Mr. Brinkmann said that they would like to begin construction in the fall.  Chairman Wind asked if the petitioner plans to build all of the buildings at the same time.  Mr. Brinkmann said they would only build the retail buildings to start.  The petitioner would not build the independent care facility until a user is determined.  Commissioner Kadane confirmed that the petitioner and builder would not clear the site until they are ready to begin construction.  Mr. Brinkmann said that is correct.

Chairman Wind asked if there is a fountain proposed for the lake, and whether benches will be placed along the walking path.  Mr. Brinkmann said there is a waterfall instead of a fountain, and there will be benches.  Alderman Terbrock asked if the petitioner has thought about goose control at this water feature.  Mr. Brinkmann said that the problem was solved in one of their Chesterfield developments by using stakes with fishing line.  The geese can see the fishing line and they can get in the lake, but they have a hard time getting out. 

Mayor Pogue asked City Attorney Jones if it would be appropriate to restrict vending machines from be-ing placed outside of the buildings.  City Attorney Jones said that he is not aware of any means to make that restriction, but he will look into it prior to the Board of Aldermen meeting.

Chairman Wind declared the public hearing open and asked if there were any proponents wishing to speak in favor of Petitions Z 09-3 and Z 09-4.  There were none. Chairman Wind asked if there were any oppo-nents to speak against the petition. 

 Ernst Steinert, 905 Penny Lane. He doesn’t feel another retail development is needed in this area.  He is concerned that this will be another vacant retail space.  He doesn’t want the Planning & Zoning Commission to take the ramifications of this proposal lightly.

 Tom Vickrey, 14644 Amberleigh Hill Ct, Chesterfield MO.  He doesn’t feel this development will add anything to the neighborhood.  He feels the zoning should remain residential.

 Kevin Sweeney, 7 Chevington Ct.  His property backs to the development and he is concerned about the proposed berm.  He doesn’t want to look at 8’ of dirt in his backyard, and he is concerned that the berm will not hold the lake away from his property.  Mr. Brinkmann said that the outflow devices will direct lake water away from Mr. Sweeney’s property.

 Christine Sweeney, 7 Chevington Ct.  She said if the Commission members don’t live in the area in question, they don’t know what the traffic patterns are like.  She is concerned about increased acci-dents on the roadways adjoining the proposed development.  She does not want this development.
 David Bonzon, 8 Chevington Ct.  He said the notice of the public hearing said “Clarkson and Henry” so there may be some people who did not realize this hearing affected them.  He said many retail de-velopments nearby have vacant spaces.  He is concerned about the negative impact on the adjacent residential neighborhood. 

 Tim Sauer, 14611 Hunters Point, Chesterfield MO.  He is concerned about an increase in accidents at the intersection of Clayton Road and Henry Ave.  He said that many people left when the Schnucks petition was postponed and feels the decision on this proposal should be postponed to allow those in-dividuals to speak.  He is concerned about the maintenance of the berm and fence.
 
There were no other opponents, and Chairman Wind declared the public hearing closed.

Chairman Wind said he wants to review the traffic study before he makes a decision on these petitions.  Commissioner Kadane agreed.  Planning Director Aiken said the petitioner needs to provide hard copies to distribute to the Commission members.  He tried to email it, but the file was too large and did not go through.  He said it is important to understand that the traffic study is a quantitative analysis, not a qualita-tive analysis.  Chairman Wind asked about the number of accidents at this location. Mr. Aiken said that the majority of the intersection falls under the jurisdiction of Chesterfield.  He said he will try to get that information from Chesterfield.  Ms. Nolfo said they may be able to get the information from MoDOT.

Chairman Wind asked Mr. Brinkmann to readdress the issue of stormwater runoff.  Mr. Brinkmann ex-plained the grading and the detention basin watershed system.  Commissioner Kadane asked if the lake would be part of the first phase of construction.  Mr. Brinkmann said it will.

Chairman Wind asked if the petitioners will have to come before the Planning & Zoning Commission again when they are ready to build the independent living facility.  Planning Director Aiken said the peti-tioner is asking for approval for any building that falls within the dimensions they are proposing, so they don’t have to come back before the Commission with the amended site plan. 

Mr. Brinkmann noted that several comments were made regarding empty retail space.  He said they al-ready have commitments for 80% of the proposed development.

Mayor Pogue said he is very reluctant to make a recommendation for approval of these petitions without having seen the traffic study, and in light of typo in the notice for the public hearing.  He is reluctant to give the petitioner an envelope on the residential building.  He would like to have more of a commitment on what type of facility it will be, and a timeframe on how the construction would progress.

Mr. Brinkmann asked Planning Director Aiken about the envelope for the residential building.  Mr. Aiken said the envelope dictates a maximum 45,000 sq. ft. footprint, 55’ height (four floors), and 125 dwelling units.  Mr. Brinkmann said that if the building is used for independent living, it would take six months to a year to pre-sell the units; an assisted living facility would probably take the same timeframe. 

Mr. Brinkmann asked the Commission to recommend approval with the stipulation that the petitioner meet the recommendations of the petition review report as well as MoDOT.  Chairman Wind agreed with Mayor Pogue that the Commission needs to review the traffic study.

Alderman Terbrock asked City Attorney Jones how the typo in the notice affects this meeting and public hearing.  City Attorney Jones said that he reviewed the notice, and while it does say “Clarkson and Henry,” it also goes on to list the street addresses on Clayton and Henry that are involved in the petition.  Mr. Jones feels that the typographical error is not misleading.

Mr. Biermann said that MoDOT doesn’t move very quickly, and asked the Commission to recommend approval of these petitions contingent on MoDOT’s approval.  Commissioner Heath asked how it would affect the proposed development if MoDOT changed the proposed curb cuts.  Ms. Nolfo said that Mo-DOT has stated that they are open to allowing full access from Clayton Road.  She said that it is not a question of whether there will be a full-access curb cut; it is just a question of where it will be located.  If MoDOT feels the full-access curb cut will have an impact on traffic patterns, they would ask the peti-tioner to redo the analysis.  Commissioner Kadane asked if the traffic study indicated a significant impact on Clayton Road, such that a right-turn lane would be needed.  Ms. Nolfo said the traffic study recom-mended two deceleration lanes, one in front of the full-access drive, and one in front of the right-in/right-out, given the volume of traffic on Clayton Road.  The median would be extended in front of the right-in/right out access to force those turning movements.  Commissioner Kadane asked about the impact on Henry Ave.  Ms. Nolfo said the traffic study indicated that there is no need for extra turning lanes on Henry Ave., but they recommend modifications of signal timing at the intersection of Clayton and Henry.

Mr. Biermann said that the petitioners are comfortable with coming back to the Commission with a more definite plan for the residential building.  Chairman Wind said he would prefer to withhold a decision until more information is provided.

Commissioner Kadane said that in the new process of the NCD, a positive finding by the Planning & Zon-ing Commission will not only change the zoning to an overlying district, but also approves the site plan.  Planning Director Aiken confirmed this, saying that it is incumbent upon the Planning & Zoning Com-mission and the Board of Aldermen to ensure that the site plan is established before approval.  If there are issues that are not resolved to the Commission’s satisfaction, those should be resolved before a recom-mendation is made.

Alderman Terbrock said that he would like to see a more detailed lighting plan.  Mr. Brinkmann said that the petitioner will meet the recommendations for lighting if the petitions received a favorable recommen-dation from the Planning & Zoning Commission.

Mayor Pogue noted that the petition review report, it was stated that the landscaping does not meet the percentage of screening that is recommended.  Mr. Brinkmann said that it is virtually impossible to pro-vide 6’ high 100% landscape screening from day one.  He said including the sight-proof fence gives 100% screening, but doesn’t meet the ordinance.  Planning Director Aiken said the 100% screening is a C-1 district regulation, and he had recommended that it be retained.  The underlying zoning regulation does not allow a fence to be used for screening; but the NCD approach allows the Commission to amend that underlying district regulation if they feel there is a suitable alternative. 

Commissioner Kadane asked about timing for these petitions to go before the Board of Aldermen.  Plan-ning Director Aiken said that if the Planning & Zoning Commission recommends approval, it would go before the Board of Aldermen on June 8, due to the Memorial Day holiday.  If held over to the June 1 meeting of the Planning & Zoning Commission, it would go before the Board of Aldermen on June 22.  Chairman Wind said for the difference of only two weeks, he would prefer to have more details regarding lighting, the traffic study, and an accident report before making a decision.  Planning Director Aiken said the Commission has an obligation to make sure they are satisfied with the petitions before proceeding. 

Commissioner Kadane said he feels that the traffic study will not provide much more information than the Commission already has.  He feels the lighting and site issues are minor concerns.  Commissioner Buehrle asked if the Board of Aldermen can look at those issues, and deny the petitions if they are not satisfied.  Chairman Wind said it would require a 2/3 majority to overturn the Planning & Zoning Com-mission’s approval.  City Attorney Jones said that is incorrect; a supermajority is only required to over-turn a negative finding by the Planning & Zoning Commission. 

Mr. Brinkmann said that projects like the proposed development would typically be lit at 2½ foot-candles. For comparison, he said that the light from a full moon is half a foot-candle, and grocery stores are gener-ally at 5 foot-candles.  Mayor Pogue asked if the lighting can be put on a smart-grid system that would dim the lights in different sections at different times.  Mr. Brinkmann said that is an option. 

Mayor Pogue made a motion to hold over Petitions Z 09-3 and Z 09-4 until the June 1, 2009 meeting.    Alderman Terbrock seconded the motion.  A voice vote was taken with the following result:  Wind, Buehrle, Heath, Schwent, Karr, Pogue, and Terbrock – Aye;  Kadane – Nay.  The motion passed 8-1.

Chairman Wind reminded those in attendance that the public hearing for these petitions has been closed, and there will be no public hearing on these petitions at the June 1, 2009 meeting.

Short-Term Loan Institutions

Chairman Wind said that he requested this item be placed on the agenda and moved to postpone the dis-cussion until the June 1, 2009 meeting of the Planning & Zoning Commission.

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

There were no questions or discussions on the status report.

Adjournment

A motion was made by Commissioner Kadane and seconded by Commissioner Buehrle to adjourn the meeting.  The motion received unanimous approval, and the meeting was adjourned at 10:40 p.m.

 Michael Wind, Chairman
 Planning & Zoning Commission