Planning and Zoning Meeting Agendas and Minutes

Every effort is made to ensure that the Agendas and Minutes provided on this and subsequent pages is timely and correct; however, users should keep in mind that this information is provided only as a public convenience. In any case where legal reliance on information is required, the official records of the City of Ballwin should be consulted.

Planning and Zoning Commission Meeting

Meeting Agenda

Held at the Donald “Red” Loehr Police and Court Center
300 Park Drive

September 2, 2014 • 7:00 P.M.

Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation. If one requires an accommodation, please call (636) 227-8580 V or (636) 527-9200 TDD or 1-800-735-2466 (Relay Missouri) no later than 5:00 p.m. on the third business day preceding the hearing. Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.

AGENDA / briefs

1. Call to Order

2. Swearing in of Members

3. Approval of Minutes

4. Z 14-03 Zoning Ordinance Change (SUE Site Plan Amendment)
    Farber Center, 15567-15587 Manchester Rd, Ballwin MO 63011
    Petitioner: Mr. Edward Kohn, Greenberg Development LLC, 15563 Manchester Rd, Ballwin MO 63011

Greenberg Development, LLC is requesting the application of a Manchester Road Revitalization Overlay district over an existing C-1 commercial zoning for the approximately 1.29 acre site commonly known as 15567 – 15587 Manchester Rd. There is an existing special use exception granted per ordinance 01-17 in 2001 for this underlying site. The site development plan associated with this SUE will be amended through the MRD approval process. The site plan amendment proposes the addition of a curb cut onto Highview Dr. for the parking lot facing on Manchester Rd., the creation of an outdoor patio area in the Highview Rd. front yard adjacent to the building and the placement of a storage building adjacent to the dumpster enclosure in the rear yard. There will be no increase in building area and no increase in parking demands for the site.

5. Adjournment

Meeting Minutes


September 2, 2014

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                            Secretary Mark Weaver
Commissioner Frank Karr                         Commissioner Chris Wright
Commissioner Lynn Goetz                        Commissioner Lisa Zimmerman
Commissioner John Schwent
Commissioner Mike Utt
Alderman Michael Boland
Mayor Tim Pogue
Assistant City Administrator/City Planner Thomas Aiken
City Engineer Gary Kramer
City Attorney Robert E. Jones

Swearing in of Members / Election of Officers

Reappointed Commissioners Utt and Goetz were sworn in by City Planner Thomas Aiken.

Approval of Minutes

A motion was made by Mayor Pogue and seconded by Commissioner Karr to approve the minutes of the May 5, 2014 meeting of the Planning & Zoning Commission (the most recent meeting) as submitted. The motion received unanimous approval from the Commission members present.

Z 14-03 Zoning Ordinance Change (SUE Site Plan Amendment)
Farber Center, 15567-15587 Manchester Rd, Ballwin MO 63011
Petitioner: Mr. Edward Kohn, Greenberg Development LLC, 15563 Manchester Rd, Ballwin MO 63011

Mr. Edward Kohn of Greenberg Development, owner of Farber Center, addressed the Commission, re-questing approval for a site plan amendment to add an additional curb cut onto Highview Drive, as well as a patio for outdoor restaurant seating. Mr. Kohn said that the addition of the curb cut will provide better access to Farber Center via Highview Drive. It will allow customers to go from the upper lot of Farber Center to the lower level without having to make a left turn onto Manchester Rd. Mr. Kohn introduced Mr. Jim Randall of BBQ ASAP, saying that the outdoor seating area would be for the use of Mr. Ran-dall’s restaurant.

Alderman Boland asked why a patio would be requested next to an AT&T store. Mr. Kohn said that AT&T is no longer a tenant in the building. Alderman Boland asked City Planner Aiken if the restaurant proposing to use the patio will have to come before the Planning & Zoning Commission when that be-comes a reality, since the landlord is installing the patio. Mr. Aiken said the ordinance provides for such spaces as part of the allowed use. Alderman Boland asked about regulations regarding trash receptacles and noise ordinances. Mr. Aiken said those regulations are in place for any business at any time. Outdoor entertainment and the sale of alcoholic beverages fall under another SUE that has to be approved separately.
Alderman Boland asked if the current liquor license held by BBQ ASAP allows customers to take a bev-erage from inside the restaurant to the patio. City Planner Aiken said he is unsure, since the patio is not directly adjacent to the restaurant. Chairman Wind asked City Attorney Jones to research the answer to that question.

Alderman Boland asked about the size of the patio and the capacity. Mr. Kohn said there would be eight tables of four, so it would seat 32 customers.

Jim Randall addressed the Commission, stating that he initiated the site plan amendment petition, and plans to lease the patio from Greenberg Development. He has signed a lease to expand BBQ ASAP into the unit to the east, formerly occupied by Curves. As part of the lease agreement, he requested better ac-cess for his delivery trucks into Farber Center. Mr. Randall said even though four spaces will be lost to the curb cut, two were added due to the latest restriping of the parking lot.

Mr. Randall shared his long-term plan for his business in Farber Center. He would like to lease the former AT&T space to use as a banquet center. This would leave one unit, currently occupied by Fantastic Sam’s, between his restaurant and the banquet center. Mr. Randall would like to take that space over at the end of Fantastic Sam’s lease and have the four indoor units as well as the patio. He plans to make the patio into a multilevel seating area and construct an awning to control sound from the area. Each seating grouping would have a fire pit centerpiece to extend the season into early spring and late fall. Mr. Randall does not plan to enlarge the patio. A retaining wall would be constructed on the north end of the lot to bring up the level of the patio, which will require removing trees; those trees would be replaced with new plantings to compensate for the loss of landscaping.

Chairman Wind said that the submitted drawings do not depict this vision. Mr. Randall stated that at this point, he doesn’t have the funds to move forward with it. He is just at the point of submitting a building permit to expand into the adjacent unit. Chairman Wind asked if the patio on the plans is what will be built initially. Mr. Randall said that the intent was to get approval for the patio along with the curb cut so they wouldn’t have to submit two separate petitions. The patio will not be constructed for 9-12 months.

Chairman Wind asked if customers of the other restaurant in the shopping center would have access to the patio. Mr. Randall said the patio would be for the exclusive use of his customers. Chairman Wind asked if there would be music or an outdoor sound system. Mr. Randall said there would be a sound system. City Planner Aiken said that would be a problem with the City’s regulations. He said that this is the first he’s heard about any of these plans. Mr. Aiken suggested that the Planning & Zoning Commission require the submission of plans that are more specific to the scope of work being proposed. Chairman Wind clarified that his question was whether a sound system is being requested as part of this petition. Mr. Randall said it is not. Chairman Wind cautioned Mr. Randall that based on Mr. Aiken’s comments, there will be issues associated with an outdoor sound system. Mr. Randall said he is aware of those regulations, and that is the reason for his plan for an awning over the patio and a solid surface wall on the north side.

Chairman Wind asked Mr. Kohn about the recommendations of the petition review report. Mr. Kohn said that he will comply with those recommendations. He also stated that he was unaware of Mr. Randall’s long-range plans when he submitted the petition. Mr. Kohn said that at this time he does not have a writ-ten agreement with BBQ ASAP in regards to expansion. His intent with this petition was to be able to install patio seating at some time in the future. When the time comes to construct the patio, if there are any changes, they will be addressed at that time.

City Attorney Jones said that in the provision regarding alcoholic beverages, the definition of “premises” is very broad, and refers to any portion of the property used in connection with the business. Mr. Jones said it would include the seating area proposed. Mayor Pogue asked if customers of either restaurant could use the patio – assuming there is no lease agreement. City Attorney Jones said that is correct.
Alderman Boland asked City Planner Aiken if the Planning & Zoning Commission needs to consider the patio and the curb cut separately. Mr. Aiken said that could be done, but it would require a second peti-tion for a site amendment.

Alderman Boland confirmed that what is shown on the plans is what is being requested. Mr. Kohn said that is correct. He said there’s no guarantee that BBQ ASAP will stay in Ballwin. If a new tenant comes in asking about a patio, he would like to be able to say that it is already approved in Ballwin. The patio will not be built unless there is a tenant to share the cost.

Mayor Pogue asked about the non-conforming front sidewalk. City Attorney Jones said that since the building is not being changed, the sidewalk maintains a legally non-conforming status, and the require-ment can be waived.

Chairman Wind asked about the parking spaces. City Planner Aiken said that it’s very close to the rec-ommended number of spaces, and the MRD allows flexibility for the parking to be varied from the stand-ard of the C-1 district.

Chairman Wind said that he feels the landscaping plan seems weak. There are trees that will be lost in the building of the retaining wall that screen the building on that side. He asked what the retaining wall will be constructed of. Mr. Kohn said it would be a Versa-Lok concrete block retaining wall. Chairman Wind suggested placing landscaping along the wall. Mr. Kohn agreed.

Chairman Wind asked about a feature at the corner, whether it is artwork or a bench, to highlight Farber Center. He suggested a complimentary feature at the other corner in front of Gordon Plaza, since Green-berg Development owns both. Mr. Kohn said that he will do what is financially feasible. In regards to landscaping, he doesn’t want to hide the plaza or impede visibility, but is willing to plant low shrubs.

Chairman Wind opened the public hearing and asked if there was anyone wishing to speak in opposition to Petition Z 14-03.

Ms. Colleen Gould spoke on behalf of her mother, who lives at 980 Parkway Dr, saying that her big-gest concern is the increase in traffic, especially commercial traffic, on Highview Dr.

No one else came forward. Chairman Wind asked if there was anyone wishing to speak in favor of the petitions. No one came forward, and Chairman Wind declared the public hearings closed.

Mr. Kohn addressed the issue of commercial traffic, stating that it will not really increase. Delivery trucks already deliver to the existing businesses, and many park on Highview Drive to do so. The curb cut will merely make it easier for the trucks to navigate the parking lot. Commissioner Utt and Chairman Wind agreed that the only change is traffic flow. Mayor Pogue agreed, saying the new curb cut will offer a safer alternative.

Mayor Pogue asked City Planner Aiken about the recommendation of the inclusion of three SUE excep-tions in the petition review report. Would those still have to come before the Planning & Zoning Com-mission for an SUE review? Mr. Aiken said not if they are included as an allowed use. He said he in-cluded them because the two existing restaurants in the center currently have those special use exceptions. Mayor Pogue said his concern is the language allowing distilling, brewing, and preparation of alcohol. Mr. Aiken said that is all included with the sale of alcohol by the drink. If there are concerns, it may be worth taking it out as an allowed use, and keeping it a special use exception. Mayor Pogue said it is his preference that, going forward, those items be reviewed by the Planning & Zoning Commission.

Chairman Wind asked about interconnection with Gordon Plaza. City Planner Aiken said that is not nec-essary because Gordon Plaza goes from street to street and there is no adjoining property with which to interconnect.
Alderman Boland asked about a cross access easement to the west, which is Ellisville. City Attorney Jones said it doesn’t make a difference. The easement is only for property in Ballwin.

Chairman Wind said he doesn’t have a problem with the curb cut or patio. His concern is the landscaping. He would like to see a better landscaping presentation before making a recommendation to the Board of Aldermen. Commissioner Utt asked if bringing a landscaping plan to the Board of Aldermen could be a provision in the recommendation. Chairman Wind said that he prefers to make a recommendation on a complete plan. He doesn’t feel the Board of Aldermen should have to do a review of something that the Planning & Zoning Commission has not seen.

Chairman Wind made a motion to table Petition Z 14-03 to allow the petitioner to submit an updated landscaping plan. Commissioner Goetz seconded the motion, which received unanimous approval from the commission members present.

Chairman Wind made a motion to reopen the public hearing for Petition Z 14-03, and hold it open for the next meeting at which the revised landscaping plan is considered. Mayor Pogue seconded the motion, which received unanimous approval from the commission members present.

Other Business

Progress Updates:

• Jimmy John’s and Buffalo Wild Wings - both should be opening soon, if they aren’t already.
• Shooting Range – the owner was delayed in his financing, but that has been squared away. It is expected that building permits will be applied for soon.
• 5th/3rd Bank - City Planner Aiken said he has not heard from them.
• GFS (Gordon Food Service) Marketplace is hiring.
• Residential developments. Essen Place and The Enclave at Lucerne are well underway.

Great Streets:
City Planner Aiken said that MoDOT’s 18-month Manchester Road Improvement project extends from just east of 141 to just east of 109. Mostly it is a mill/repave project, but there will be some Great Streets improvements as well. Most were covered by the original contract. Address bollards will be con-structed in Ballwin and Ellisville, but this was not included, so these two cities will offset the cost of that project. The westbound lanes from 141 through Holloway will be repaved this fall, but most of the Great Streets enhancements will not be done until late in the project.

Chairman Wind commended Mayor Pogue for participating the in ALS Ice Bucket Challenge.


Mayor Pogue moved to adjourn the meeting. Chairman Wind seconded the motion, which received unan-imous approval from the commission members present. The meeting was adjourned at 8:07 p.m.

Michael Wind, Chairman
Planning & Zoning Commission