Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION
MEETING AGENDA
Held at the Donald “Red” Loehr Police and Court Center
300 Park Drive
 
JANUARY 7, 2013
7:00 P.M.
AGENDA / BRIEFS

1. Call to Order

2. Approval of Minutes 

3. SUE 12-08 – Special Use Exception 
  Marolt Antiques and Consignment Store, 14457 Clayton Rd, Ballwin MO  63011
  Petitioner:  Mr. Kenneth E. Marolt, 1005 Waldo Ln, St. Charles MO 63304 

Mr. Marolt is proposing to open an antique and consignment store in the Claymont Plaza Shopping Center at 14457 Clayton Rd. This plaza is at the northwest corner of the intersection or Clayton Rd. and Kehrs Mill Rd. The business will occupy a single existing vacant storefront unit in the plaza. 

4.  Z 12-03 – Zoning Ordinance Change 
  Sale of Used Firearms Regulations
  Petitioner:  City of Ballwin, 14811 Manchester Road, Ballwin MO  63011  

In the process of preparing a zoning compliance review, it was discovered that the sale of used firearms is governed by two contradictory code sections.  Article XIV Section1 (16) requires a special use exception for the sale of used firearms and imposes a 25% maximum on annual revenues and floor area of display for such sale.  Article IX, Section 2 (24) allows such sale of used firearms by right in the C-1 district, and imposes the 25% restriction on annual gross sales volume and floor area of the display. 

5. Adjournment

Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE
January 7, 2013

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 Lynn Goetz
Secretary Frank Karr                 Commissioner Mark Weaver
Commissioner John Schwent 
Commissioner Sue Theodore 
Commissioner Mike Utt 
Commissioner Chris Wright 
Alderman Richard Boerner 
Mayor Tim Pogue 
Assistant City Administrator Thomas Aiken 
City Engineer Gary Kramer 
City Attorney Robert E. Jones

Approval of Minutes

Secretary Karr made a correction to the fourth paragraph on page six, noting that “MSD” should be “Mo-DOT.”  A motion was made by Mayor Pogue and seconded by Commissioner Utt to approve the minutes of the December 3, 2012 meeting of the Planning & Zoning Commission as amended.  The motion re-ceived unanimous approval from the Commission members present. 

SUE 12-08 – Special Use Exception
 Marolt Antiques and Consignment Store, 14457 Clayton Rd, Ballwin MO  63011
 Petitioner:  Mr. Kenneth E. Marolt, 1005 Waldo Ln, St. Charles MO 63304 
   
Mr. Marolt addressed the Commission, requesting approval for the special use exception.  He said that his store will be an upscale consignment shop, not a used furniture store.  All items accepted will be in good condition.   Some new smaller accessory items will be sold.

Chairman Wind clarified that this petition is before the Commission because the Ballwin ordinances only allow 25% of a store’s annual sales to come from the sale of used items.  This type of establishment is an exception to the ordinance, provided that a Special Use Exception is issued.
 
Chairman Wind asked the petitioner about the hours of operation.  Mr. Marolt said he plans to be open from 9:00-6:00 Monday-Friday, 10:00-5:00 on Saturday, and closed Sunday.  Chairman Wind asked if there will be consignment booths.  Mr. Marolt said no, it is one store, owned and operated by himself, his wife, and his daughter.  Secretary Karr asked about the anticipated date of opening.  Mr. Marolt said he hopes to open by March 1st.

Chairman Wind opened the public hearing and asked if there was anyone who wished to speak in favor of the petition. No one came forward.  Chairman Wind then asked if there was anyone who wished to speak in opposition to the petition.  No one came forward, and Chairman Wind declared the public hearing closed. 
Mayor Pogue made a motion to recommend approval of Petition SUE 12-08 to the Board of Aldermen.  Alderman Boerner seconded the motion, which received unanimous approval from the Commission members present.

Z 12-03 – Zoning Ordinance Change
 Sale of Used Firearms Regulations
 Petitioner:  City of Ballwin, 14811 Manchester Road, Ballwin MO  63011

City Planner Tom Aiken stated that Ballwin has historically been restrictive in allowing the sale of used merchandise, other than used cars for sale by a factory franchised dealer, in conjunction with the sale of new automobiles.  Some years ago, when the City was approached by a business owner wishing to open an antique/consignment store at the Barn at Lucerne, the provision was added to the code that antique stores, along with consignment, could be allowed by special use exception.

At a later date, a business owner approached the City wishing to sell used firearms in conjunction with new firearms, and the ordinance was amended at that time to allow up to 25% of the annual sales to be from the sale of used firearms by special use exception. 

Eventually the provision was added that any business could sell used merchandise up to the 25% rule; however, that was written as a separate ordinance.  When the C-1 regulations were rewritten recently, firearms sales were made an allowed use.  Since all other businesses are allowed to sell up to 25% used merchandise by right, it serves no purpose to require the sale of used firearms by special use exception.  This petition will repeal the reference to the special use exception for firearms.

Chairman Wind opened the public hearing and asked if there was anyone who wished to speak in favor of the petition. No one came forward.  Chairman Wind then asked if there was anyone who wished to speak in opposition to the petition.  No one came forward, and Chairman Wind declared the public hearing closed. 

Mayor Pogue made a motion to recommend approval of Petition Z 12-03 to the Board of Aldermen, re-pealing the section of the zoning ordinance as it relates to the sale of used firearms.  Commissioner Wright seconded the motion, which received unanimous approval from the Commission members present.

Other Business

City Planner Aiken said there will be no meeting in February 2013.  Mayor Pogue noted that Wendy’s and Jet’s Pizza will both open soon.  City Planner Aiken said that the KFC has closed due to the owner’s decision not to renew their franchise.

Adjournment

A motion was made by Chairman Wind and seconded by Mayor Pogue to adjourn the meeting.  The mo-tion received unanimous approval, and the meeting was adjourned at 7:18 p.m.

Michael Wind, Chairman
Planning & Zoning Commission