Planning and Zoning Commission Meeting

Meeting Agenda

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Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE
January 3, 2011

The meeting of the Planning and Zoning Commission was called to order by Chairman Michael Wind at 7:02 p.m.  Members in attendance were:
 
PRESENT                                                               ABSENT
Chairman Michael Wind                          Commissioner Pat Apel
Secretary Frank Karr                                Commissioner Mike Utt
Commissioner John Schwent 
Commissioner Sue Theodore 
Commissioner Mark Weaver 
Commissioner Chris Wright 
Alderman Frank Fleming 
Mayor Tim Pogue 
Assistant City Administrator Thomas Aiken 
City Engineer Gary Kramer 
City Attorney Robert Jones 

Approval of Minutes

A motion was made by Secretary Karr and seconded by Mayor Pogue to approve the minutes of the De-cember 6, 2010 meeting of the Planning & Zoning Commission as submitted.  The motion received unan-imous approval from the Commission members present. 

SUE 10-06 – Special Use Exception
 (Alcoholic Beverage Sales by the Drink for Consumption on the Premises Where Sold)
 Mr. Harry’s Carnival Foods, 15581 Manchester Rd, Ballwin MO  63011
Petitioner:  Mr. Harry Freund, 15581 Manchester Rd, Ballwin MO  63011

Mr. Harry Freund addressed the Commission, requesting approval for this special use exception.  Chair-man Wind asked about the hours of operation.  Mr. Freund said that the winter hours are 11:00 a.m – 8:00 p.m.; in the spring and summer, the hours are 11:00 a.m. – 11:00 p.m.  The hours will not change if this petition is approved.

Mayor Pogue asked Mr. Freund why he felt the need for alcohol sales, given the “carnival” theme of his restaurant.  Mr. Freund said that he recently teamed with ASAP Competition Barbecue, and feels that alcohol would go well with the barbecue items he has added to his menu.  He said that customers repeat-edly ask him about selling beer and cocktails.

Chairman Wind opened the public hearing and asked if there were any proponents wishing to speak in favor of the petition.  There were none.  Chairman Wind asked if there were any opponents who wished to speak in opposition to the petition.

Mr. David O. Wright, 224 Highview Drive, said that he lives near Mr. Harry’s Carnival Foods.  Mr. Wright believes that the business has been very good for the neighborhood.  He doesn’t feel that alcohol sales are acceptable, given the family-oriented nature of the business and the young age of his clientele.
Chairman Wind asked if there were any other opponents wishing to speak in opposition to the petition.  There were none, and Chairman Wind declared the public hearing closed.

Mr. Freund said that he appreciated the comments made my Mr. Wright; however, alcohol is readily available at venues that are frequented by children, such as Ballwin Days and Chuck E Cheese.  He feels that the additional revenues from alcohol sales would be a boost to his business in a difficult economy.  Mr. Freund said that he would be willing to limit the hours that alcohol is served. 

Alderman Fleming said that Chuck E Cheese is a family-oriented business – children don’t come in by themselves.  Do children come into Mr. Harry’s without their parents or other adults?  Mr. Freund said that if they live close enough, they do walk to his restaurant by themselves.  Alderman Fleming asked City Attorney Jones if there is an issue with the high-school age workers, as long as someone who is of age dispenses and sells the alcohol.  City Attorney Jones said that workers must be 18 to serve alcohol.  Alderman Fleming asked if there is ever a time when underage workers would be left without someone of age to serve alcohol.  Mr. Freund said that he, his wife, or his partner are always on the premises.

Alderman Fleming asked City Planner Aiken whether the sushi restaurant next door to Mr. Harry’s has a liquor license.  Mr. Aiken said that they do.

Alderman Fleming made a motion to recommend approval of SUE 10-06 to the Board of Aldermen.  Commissioner Weaver seconded the motion, which received unanimous approval from the Commission members present.

SUE 10-07 – Special Use Exception
 (Automobile and Motor Vehicle Service and/or Repair)
 All the Details, 15471-B Manchester Rd, Ballwin MO  63011
Petitioner:  Ms. Christy Nance, JLCN Inc, 15471-B Manchester Rd, Ballwin MO  63011

Mr. Len Nance addressed the Commission, requesting approval for this petition.  He said his business is currently located in Town and Country.  He would like to move to Ballwin to be closer to the auto dealers he services.  Chairman Wind asked about the hours of operation.  Mr. Nance said the hours are typically 9:00 a.m. – 5:00 p.m. Monday through Friday, maybe as early as 8:00 a.m.  He said it is exclusively au-tomobile detailing.  There is no mechanical work done at all.

Chairman Wind said that the site could benefit from some additional landscaping along Mimosa Drive.  Is the petitioner willing to make such improvements?  Mr. Nance said he is willing to work with the owner of the property, Lenette Realty, to provide additional landscaping. 

Mayor Pogue asked the petitioner if he is willing to comply with the recommendations of the petition re-view report, such as restricting the parking to the lot north of the building.  Mr. Nance said he is in agreement with the recommendations.  Typically there are only four or five cars there at a time.

Commissioner Weaver asked if the work is done with the garage doors up or down.  Mr. Nance said that it depends on the weather and season.  The bays are heated, but not air conditioned, so in warm weather, the doors are usually up.

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

Chairman Wind made a motion to recommend approval of SUE 10-07 to the Board of Aldermen.  Com-missioner Wright seconded the motion, which received unanimous approval from the Commission mem-bers present.

Z 10-08 – Zoning Change (Add Manchester Road Revitalization Overlay Zoning)
 SUB 10-05 – Subdivision
 CAP Carpet Consolidation Sub., 14932-14940 Manchester Rd, Ballwin MO  63011
Petitioner:  Mr. Richard J. Bloomer, CAP Carpet Inc, 535 S. Emerson St., Wichita KS 67209

Mr. Steven Quigley of Clayton Engineering addressed the Commission on behalf of the petitioner.  He described the site and the proposed development, which includes a flooring store as well as speculative retail space.  Parking provided on the site is at five spaces per thousand feet of the spec retail space.  The parking for the flooring store has been reduced to fifteen, based on the petitioner’s experience for what is needed to operate the business.  There is room on site to increase parking if necessary.

Generous access has been provided for delivery and pick up of flooring materials.  The petitioner will fill and raise the site to bring it level with Manchester Road.  The petitioner is working with the neighboring property owners to provide cross access to Ballpark Drive, as well as the Schrader Funeral Home property.  There is approximately a 40’ setback from the rear property line.  The petitioner is proposing additional landscaping as well as a 6’ white vinyl sight-proof fence.

Mr. Quigley said that the petitioner has been in discussions with MoDOT, and has been asked to move the Manchester Road curb cut 40’ to the east.  The petitioner responded that this would create a difficult sit-uation for the tractor-trailer trucks to move internally on the site.  Mr. Quigley said that to date, the peti-tioner has not heard back from MoDOT on this point, but will continue to work with them.

Mr. Kevin Harms of Cornerstone Architecture presented the building plans and described the architecture.  Chairman Wind said that it is a very nice-looking building; however, on the east and west elevations, there is a significant amount of blank wall.  He would like to see some additional architectural detailing to those walls. Mr. Keith Brandt of CAP Carpet addressed the cost of the architectural improvements.  Mr. Harms said that modifications can be made that will not be cost prohibitive.  Mr. Brandt agreed to explore the requested changes to the east elevation. 

Secretary Karr said that this is a key property on Manchester Road relative to the Great Streets Initiative. The petitioner should work with the neighboring property owners to create a site that will meet the access and traffic flow recommendations of this initiative.

Chairman Wind asked about the landscaping at the rear property line.  The proposed sight-proof fence does not extend across the entire property line.  What is planned for the area that the fence doesn’t cover?  Mr. Quigley said the purpose of the sight-proof fence is to screen the parking lot from the ball fields.  It is at the top of the retaining wall.  An ornamental fence will be in place from that point west.  City Planner Aiken said that this is a situation in which all the various regulations should be taken into account to de-termine the best way to address the adjacency to the ball park.  This site is in the C-1 zoning district, with SUE issues that can be amended by the MRD.  It is up to the Commission to weigh the overlapping regu-lations and property interests.

Mayor Pogue said he would like to see the ornamental fence extend across the rear of the property and increase the landscaping effort.  He feels it would increase the presence of the facility.  Mr. Quigley said the petitioner can work with that.

Mr. Quigley said the petitioner will provide underground detention to MSD and Ballwin standards, and not credit any existing pavement on the property.  This detention will discharge towards the southwest corner to an existing storm sewer.  Mayor Pogue said the Commission received a letter from the property owners to the west, discussing shared detention.  Has the petitioner had any discussions with them in this regard?  Mr. Quigley said the petitioner has not, but would be willing to do so.  The petitioner has been approached by Schrader Funeral Home regarding shared detention.  Mayor Pogue said it could be a cost savings for the petitioner.

Secretary Karr asked if all the green space will be irrigated.  Mr. Quigley said yes.  Mayor Pogue asked if the dumpster could be relocated closer to the building if fire code allows.  The petitioner will look into it.
Alderman Fleming said his concerns are access, drainage, and appearance.  He said there are indications that the neighboring property owners want to discuss cross access and shared drainage with the petitioner. It would seem that more time is needed to allow discussions with them before coming to a final resolu-tion.  Mr. Quigley said the petitioner would like to move the project forward, and asked for the opportuni-ty to work out the details before going before the Board of Aldermen.  Alderman Fleming asked City Planner Aiken if, considering that the petitioner will need to meet the standards of MSD and the City of Ballwin, the Commission can move forward on the topic of drainage.  Mr. Aiken said that he has con-cerns, since the plan shows that the petitioner is proposing to connect to a pipe that is labeled “silted-in” on the plans.  Mr. Aiken said that those kinds of details may preclude simply “checking it off the list.” He said, however, that in the end MSD has to approve the drainage, detention and water quality plans.

Alderman Fleming said that his concern with leaving the drainage issue unanswered is that discussions with the adjoining property owners will not work out, and the petitioner will revert to the original plan in order to move forward.  Mr. Quigley said the petitioner definitely wants to work out the best situation with the neighboring properties, but if there comes a point where a deal cannot be struck, they will have to move forward with their project.  Alderman Fleming said he has the same concern with the cross access and vehicular circulation.  He asked the petitioner to discuss this with Schrader Funeral Home as well.  Mr. Quigley said the petitioner is willing to do so. 

Alderman Fleming asked if the three weeks until the Board of Aldermen meeting where this would be considered is realistically enough time for the petitioner to pull all this information together.  Mr. Quigley said if the petitioner does not have answers by that time, they would request that the petition be tabled. City Planner Aiken said that at this point, there are a lot of details to be worked out.  Without any specific direction to the petitioner other than “try to work it out,” Alderman Fleming does not want to leave so much for the Board of Aldermen to have to decide since they haven’t been in on this discussion.  Chair-man Wind asked if the petitions were tabled for four weeks until the next Planning & Zoning Commission meeting, would the petitioner then have to wait an additional three weeks to go before the Board of Al-dermen?  City Attorney Jones said those items can be left open and made a part of the recommendation, unless the proposal is for no cross access, which is against ordinance.

Secretary Karr said there seems to be a lot of discussion that needs to take place before the Commission can make a recommendation on this petition.  To put this on a fast timeline would be unfair to all parties.  Commissioner Weaver and Chairman Wind agreed.  This is a significant property.  Alderman Fleming said he is supportive of this project and would be willing to vote in favor of approval tonight, subject to con-ditions raised in this meeting.  However, if discussions between property owners were not complete by the next Board of Aldermen meeting, he would ask that the petition be tabled to the next month’s meeting.  Chairman Wind asked if the onus falls on the Board of Aldermen or the Planning & Zoning Commission to finalize approval of this development plan.  Alderman Fleming asked if Chairman Wind feels the Board of Aldermen will be concerned about the same issues as the Planning & Zoning Commission.  Mr. Wind said his concern is that the Board of Aldermen is relying on the Planning & Zoning Commission to be diligent in its responsibility and make the appropriate recommendation.  Is it the responsibility of the Board of Aldermen to do a detailed review of the plan?  He feels the Planning & Zoning Commission should present a recommendation to the Board of Aldermen that is 99% complete. 

Mayor Pogue asked if it would be appropriate to hold the petitions over until the February Planning & Zoning Commission meeting, and then put it on the Board of Aldermen agenda for the following week. Chairman Wind said he would like to give the petitioner that time to get the answers that are needed. Mayor Pogue said with these questionable items resolved, the Planning & Zoning Commission could give a stronger recommendation to the Board of Aldermen. Mr. Brandt said that he has a great interest in gain-ing the cross access.  Mr. Quigley said that he feels the mayor’s proposal will only cost the petitioner an additional week of time.   Chairman Wind said that he would like the petitioners to come to an agreement with the adjoining property owners regarding cross access and shared drainage.  City Attorney Jones re-minded the Commission that the cross access shown on the plans fulfills the city’s requirements. 

Chairman Wind opened the public hearing and asked if there were any opponents who wished to speak in opposition to the petition.

Mr. Pat McDermott, 242 East Skyline Drive, said it is very important that the Planning & Zoning Commission resolve all major issues before the petition comes before the Board of Aldermen.  He urged them not to defer to the Board of Aldermen to resolve these issues. He said that Schrader’s was unaware of this development until he and Frank Karr met with them; now they are very interested in working with the petitioner.  Mr. McDermott said that he wants petitioners to work with the adjoining properties to create developments that fulfill the objectives of the Great Streets initiative.

There were no other opponents.  Chairman Wind asked if there were any proponents wishing to speak in favor of the petition.  There were none.  The public hearing was not closed.

Mayor Pogue made a motion to table petitions Z 10-08 and SUB 10-05 until the February 7, 2011 Plan-ning & Zoning Commission meeting and hold the public hearing open, as the petitioner is willing to do so.  Secretary Karr seconded the motion, which received unanimous approval from the Commission members present.

Other Business

Chairman Wind asked about the status of the Schnucks petition.  City Attorney Jones said Judge Ross found in favor of the City of Ballwin, ruling that the decision of the Board of Aldermen was not arbitrary or unreasonable.  The decision was handed down on December 23, 2010, and the plaintiffs have 30 days to appeal to the Missouri East District Court of Appeals, or they could file a motion for a new trial. 

City Planner Aiken said that a petition from 5th/3rd Bank will be on the February agenda to build a bank-ing facility at 15200 Manchester Rd.

In light of the December 31 storms, Mayor Pogue encouraged the Commission members to consider tak-ing the Community Emergency Response Team (CERT) training offered by the Metro West Fire District.

Adjournment

A motion was made by Secretary Karr and seconded by Commissioner Theodore to adjourn the meeting.  The motion received unanimous approval, and the meeting was adjourned at 9:00 p.m.

Michael Wind, Chairman
Planning & Zoning Commission