Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION MEETING
August 3, 2009
Held at the Donald “red” loehr police and court center 300 PARK DRIVE
7:00 P.M.

AGENDA

 1. Call to Order

 2. Approval of Minutes 

 3. Swearing in of New Commission Member

 4. SUE 09-3 – Special Use Exception Petition
  (Alcoholic Beverage Sales by the Drink for Consumption on the Premises)
  The Loft, 930 Kehrs Mill Rd, Suite 302, Ballwin MO  63011
  Petitioner:  Mr. Robert Wilhite, 4909 Devonshire Ave, St. Louis MO 63109
  
 5. SUE 09-5 – Special Use Exception Petition
  (Indoor Entertainment)
  Candicci’s Entertainment, 100 Holloway Rd, Ballwin MO  63011
  Petitioner:  Mr. Robert Candice, M&S Management Co, 100 Holloway Rd, Ballwin MO 63011

 6. Adoption of Definition of Family

 7. Election of Officers

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

 9. Business Licenses Issued

 10. Adjournment

PLANNING & ZONING COMMISSION
BRIEFS
August 3, 2009
7:00 P.M.

This is a condensed summary of the action items that will be considered at the Planning and Zoning Meeting.  It has been prepared to give you, the audience, a greater understanding of the issues that will be discussed.  If you have comments, questions, or concerns, please call (636) 227-8580.  If you would like to know more about the pro-grams or services that we provide, please dial our 24-Hour Information Line (636) 207-2300.

When addressing the Commission, please step up to the podium and state your name and address for the record.  We ask that you limit your remarks to 3 minutes when speaking as an individual and no more than 5 minutes if you are representing a group.  Thank you for your cooperation.

1. SUE 09-3 – Special Use Exception Petition 
 (Alcoholic Beverage Sales by the Drink for Consumption on the Premises)
 The Loft, 930 Kehrs Mill Rd, Suite 302, Ballwin MO  63011
Petitioner:  Mr. Robert Wilhite, 4909 Devonshire Ave, St. Louis MO 63109

Mr. Wilhite opened the Sky Lounge in the spring of 2007 in Suite 201 of the Barn at Lucerne.  The Sky Lounge is a nightclub that operates with special use exceptions for the sale of alcoholic beverages by the drink for consumption on the premises and entertainment.  There was no special use exception for food preparation and sales as there was no intention of a restaurant operation in conjunction.

Sky Lounge has since expanded into the former Ladies of Lucerne space, which adjoins the lounge off a shared lobby at the main entrance to the Barn.  It initially opened as part of Sky Lounge under Sky Lounge’s permits and liquor license, but it has a kitchen and is capable of providing a full restaurant menu.  Mr. Wilhite would like to separate The Loft and the Sky Lounge into two separate businesses, each with their own special use exceptions for the sale of alcohol by the drink on the premises and liquor licenses.  This would allow him to open The Loft separately from the Sky Lounge on Sundays and be compliant with the liquor license regulations. 
  
2. SUE 09-5 – Special Use Exception Petition 
 (Indoor Entertainment)
 Candicci’s Entertainment, 100 Holloway Rd, Ballwin MO  63011
  Petitioner:  Mr. Robert Candice, M&S Management Co, 100 Holloway Rd, Ballwin MO 63011

 Mr. Candice opened Candicci’s restaurant in May of 2009.  He remodeled and occupied a space that formerly housed a series of other restaurant tenants.  He sells alcohol by the drink under the provisions of a special use exception granted per ordinance 1869 that was approved in 1987.  The restaurant oc-cupies a 3700 square foot area of the building.  There is table seating for 170 patrons.  Mr. Candice would like to add entertainment facilities to expand the ambiance of the operation.  A special use excep-tion is required for this activity and has not previously been issued for restaurants at this location.

Meeting Minutes

RECORD OF PROCEEDINGS

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

August 3, 2009

The meeting of the Planning and Zoning Commission was called to order by Acting Chairman Frank Karr at 7:02 p.m.  Members in attendance were: 

Swearing In of New Commission Members

Mr. Chris Wright, 457 Vail Ct (Ward 1), was sworn in by Assistant City Administrator Thomas Aiken.  Mr. Weaver replaces Mr. Ron Kadane, who resigned from the Commission.  

Mr. Mark Weaver, 417 Claymont Drive (Ward 3), was sworn in by Assistant City Administrator Thomas Aiken.  Mr. Weaver replaces Mr. Jim Leahy, whose term expired.

Approval of Minutes

A motion was made by Mayor Pogue and seconded by Commissioner Apel to approve the minutes of the May 27, 2009 special meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the Commission members present.

A motion was made by Commissioner Apel and seconded by Mayor Pogue to approve the minutes of the June 1, 2009 regular meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the Commission members present.

As there was no one present to represent Petition SUE 09-3, Acting Chairman Karr moved on to the next agenda item.

SUE 09-5 – Special Use Exception Petition (Indoor Entertainment)
 Candicci’s Entertainment, 100 Holloway Rd, Ballwin MO  63011
 Petitioner:  Mr. Robert Candice, M&S Management Co, 100 Holloway Rd, Ballwin MO 63011

Mr. Robert Candice addressed the Commission requesting approval for a special use exception for live indoor entertainment.  Acting Chairman Karr asked Mr. Candice if he received a copy of the petition re-view report.  Mr. Candice confirmed that he received and reviewed the report.  Mr. Karr asked if Mr. Candice had any questions or concerns.  Mr. Candice said his plan is to provide live music from approxi-mately 9:00 p.m. until 12:30 a.m.  He has not had any problems or complaints about his business, and doesn’t anticipate any issues in the future.

Acting Chairman Karr stated that the Commission has a responsibility to the surrounding neighborhood and businesses.  He said that the Commission has to base their decision in part on the availability of ade-quate parking.  Mr. Candice said that parking has never been an issue.  Mr. Karr said that each business in the shopping center has an assigned number of spaces, and the Planning & Zoning Commission must en-sure that each business has access to their parking spaces.  Mr. Candice said that the other businesses in the center are closed by the time parking is needed for his restaurant in the evening.

Acting Chairman Karr suggested that Mr. Candice obtain a written agreement from the property owner giving permission to use the other parking spaces in the lot.

Commissioner Apel asked about the issue of providing security if necessary.  Mr. Candice said that he would do so; however, he does not anticipate any problems.  He said their customers are mostly older and more responsible. 

Acting Chairman Karr opened the public hearing and asked if there were any proponents wishing to speak in favor of Petition SUE 09-5.  There were none.  Acting Chairman Karr asked if there were any oppo-nents wishing to speak in opposition to the petition.  There were none and Acting Chairman Karr closed the public hearing.

Alderman Terbrock made a motion to recommend approval of Petition SUE 09-5 to the Board of Alder-men, with the provisions that the live entertainment end at 12:30 a.m.; that in case of a problem, the City Administrator and/or Chief of Police can require the petitioner to provide site security; and that the extra parking required for entertainment is sufficient per the 1985 code, and this business is legally noncon-forming per that code.  Commissioner Apel seconded the motion, which received unanimous approval from the Commission members present.

As there was no one present to represent Petition SUE 09-3, Acting Chairman Karr moved on to the next agenda item.

Adoption of Definition of Family

City Attorney Jones stated that the definition of “family” previously used in ordinance and code compli-ance sections was restrictive and did not necessarily include some of the more modern households.  After receiving a complaint from the Equal Housing Alliance, Mr. Jones said that he reviewed ordinances of other communities to draft a definition of “family” that would recognize a more modern definition of “family” while still keeping the idea that this is a housekeeping unit that lives together and prepares meals together. 

Alderman Terbrock asked how church-owned group homes fit this definition.  Planning Director Aiken said that a different set of rules govern group home living arrangements of this type.  State law has man-dated that these are to be considered an allowed use in single-family residential district. City Attorney Jones agreed.

Alderman Terbrock made a motion to recommend approval of the adoption of the revised definition of “family” to the Board of Aldermen.  Commissioner Apel seconded the motion, which received unanimous approval from the Commission members present.

City Attorney Jones said that he attempted to call Mr. Robert Wilhite, petitioner for SUE 09-3, but reached Mr. Wilhite’s voice mail.

Discussion was held as to the availability of Commission members for the September 2009 meeting.  Planning Director Aiken said there is an agenda item, and historically when there has been a Monday holiday conflict, the meeting has been moved to the Tuesday immediately following.  It was determined that the next regular Planning & Zoning Commission meeting will be scheduled for Tuesday, September 8, 2009.

SUE 09-3 – Special Use Exception Petition
  (Alcoholic Beverage Sales by the Drink for Consumption on the Premises)
  The Loft, 930 Kehrs Mill Rd, Suite 302, Ballwin MO  63011
  Petitioner:  Mr. Robert Wilhite, 4909 Devonshire Ave, St. Louis MO 63109

In the absence of the petitioner, Planning Director Aiken gave an overview of this petition.  Acting Chair-man Karr opened the public hearing. Commissioner Apel made a motion to continue the public hearing to the September 2009 meeting of the Planning & Zoning Commission.  Commissioner Weaver seconded the motion, which received unanimous approval from the Commission members present.

Election of Officers

Nominations were taken for Chairman, and Acting Chairman Karr nominated Michael Wind.  Commis-sioner Apel seconded the nomination.  Planning Director Aiken said that Mr. Wind had expressed his willingness to continue serving as chairman. No other nominations were received.

Nominations were then taken for Secretary.  Commissioner Apel nominated Frank Karr.  Mayor Pogue seconded the motion, and Mr. Karr accepted.  No other nominations were received. 

The Commission members present voted unanimously to retain Michael Wind as Chairman and Frank Karr as Secretary of the Planning & Zoning Commission. 

Acting Chairman Karr gave an overview of the Great Streets Initiative for the new members of the Plan-ning & Zoning Commission.

Adjournment

A motion was made by Commissioner Apel and seconded by Commissioner Weaver to adjourn the meet-ing.  The motion received unanimous approval, and the meeting was adjourned at 7:50 p.m.

 Frank Karr, Acting Chairman
 Planning & Zoning Commission