Planning & Zoning Commission Meeting

Meeting Agenda

Planning & Zoning Commission Meeting Agenda
Held at the Donald “Red” Loehr Police and Court Center 300 PARK DRIVE
June 4, 2012
7:00 P.M.

Agenda / Briefs

1. Call to Order

2. Approval of Minutes 

3. SUE 12-01 – Special Use Exception  Check Into Cash, 14842 Manchester Rd, Ballwin MO  63011 

Petitioner:  Ms. Carolyn Cannatella, Check into Cash of Missouri, 14842 Manchester Rd, Ballwin MO 63011 

Check into Cash was issued an occupancy permit to open a facility at 14842 Manchester Rd. in the Olde Towne Plaza in May of 2005. At that time, financial businesses were an allowed use in the C-1 District, and there were no special operational or design criteria to be met and no review processes associated with such a business. In 2008 the zoning ordinance was amended to require the issuance of a special use exception in the C-1 district for the operation of all financial institutions regulated by the Missouri Division of Finance. This new zoning regulation imposed a series of design and operational criteria as a condition of the issuance of the SUE.

4. Adjournment

Meeting Minutes

MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE
June 4, 2012 

Approval of Minutes

A motion was made by Secretary Karr and seconded by Mayor Pogue to approve the minutes of the April 2, 2012 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the Commission members present. 

SUE 12-01 – Special Use Exception
 Check into Cash, 14842 Manchester Rd, Ballwin MO  63011
  Petitioner:  Ms. Carolyn Cannatella, Check into Cash of MO, 14842 Manchester Rd, Ballwin MO 63011 

Mr. Daniel Burke of Armstrong-Teasdale addressed the Commission on behalf of the petitioner and the owner of the property, requesting approval for the special use exception.  Mr. Burke’s client, the property owner, has an opportunity to fill almost all of the vacant spaces in Olde Towne Plaza by moving Check into Cash over one unit to make room for Clarkson Eye Care.  Mr. Burke introduced Geoffrey Gillespie of Check into Cash, stating that he is available to answer questions.

Chairman Wind asked Mr. Burke if the petitioner is agreeable to complying with all the points of the peti-tion review report.  Mr. Burke said the only item in question is the safe.  The petitioner prefers to use the safe that is being used in the current location.  Chairman Wind asked City Planner Aiken and City Attor-ney Jones for clarification on the point that if the current safe does not meet the standards of the current code, the Planning & Zoning Commission does not have the authority to override the code specification and recommend approval.  Mr. Aiken and Mr. Jones said this is correct; however, a recommendation can be made to the Board of Aldermen with a contingency for compliance.  City Planner Aiken said he isn’t saying the safe doesn’t meet the requirements of the code; he said he does not have any documentation showing that it does.  Mr. Gillespie said Check into Cash will provide documentation that the current safe meets the UL listing or get a safe that does.  Commissioner Weaver said that in his experience as a lock-smith, the safe will meet the fire and tool rating.

Chairman Wind opened the public hearing and asked if there were any opponents who wished to speak in opposition to Petition SUE 12-01. 

 Mrs. Olivia Pieknik, 385 Walnut Pointe Ct, addressed the commission, stating her concerns regarding payday loan businesses.
  
Mayor Pogue stated that this is not a new business coming into the City.  It is a relocation at the plaza owner’s request.  Check into Cash would still be there, even if this special use exception were not granted.  In the time since this business opened, stricter rules have been put in place regarding financial institutions, and that is why the petitioner is before the Commission.  Chairman Wind noted that the Planning & Zon-ing Commission cannot refuse arbitrarily refuse a business be established in the City of Ballwin if that business meets all the requirements of the code.

There were no other opponents.  Chairman Wind asked if there were any proponents wishing to speak in favor of the petition.  There were none, and Chairman Wind declared the public hearing closed.

Commissioner Goetz asked Mr. Burke to comment on why there are so many payday loan stores in Ball-win.  Mr. Burke deferred to Mr. Gillespie, who said that in this economy, the median household income of their customers is going up.  Their operation is more sophisticated than the reputation suggests.  They offer traditional consumer loans as well as payday loans.  State laws have become stricter, but there is still a need, otherwise the stores would not exist.

Chairman Wind made a motion to recommend approval of Petition SUE 12-01 to the Board of Aldermen, contingent on compliance with all items in the petition review report, and that proof be provided for item 5c.   Commissioner Utt seconded the motion, which received unanimous approval from the Commission members present.

Other Business

Chairman Wind said the election of chairman and secretary needs to be added to the agenda.  Mayor Pogue asked Chairman Wind if he is willing to serve another term.  Chairman Wind said yes.  Mayor Pogue then nominated Michael Wind as chairman.  Chairman Wind then nominated Frank Karr as secre-tary, who said he is willing to serve another term.  A voice vote was held and both nominees were elected to their respective positions.

City Planner Aiken said there is one agenda item for the July 2, 2012 meeting of the Planning & Zoning Commission.  He asked if everyone will be available to attend.  Chairman Wind, Commissioner Utt, and Chris Wright will be unavailable, but there will be a quorum.

Mayor Pogue said there is an issue with the flag wrapping around the cable on the new flagpole at New Ballwin Park.  If the tower cannot fly the flag properly, it needs to be dealt with accordingly.  Commis-sioner Utt, who works for AT&T, said that City Planner Aiken can contact him about the situation.

Adjournment

A motion was made by Commissioner Goetz and seconded by Mayor Pogue to adjourn the meeting.  The motion received unanimous approval, and the meeting was adjourned at 7:30 p.m.

Michael Wind, Chairman
Planning & Zoning Commission