CITY OF WILDWOOD RECORD OF PROCEEDINGS MEETING OF THE PLANNING AND ZONING COMMISSION CITY HALL, 16860 MAIN STREET, WILDWOOD, MISSOURI JULY 1, 2013 The meeting was called to order by Chair Bopp at 7:30 p.m. on Monday,, at Wildwood City Hall, 16860 Main Street, Wildwood, Missouri. I. Welcome to Attendees and Roll Call of Commission Members Chair Bopp requested a roll call be taken. The roll call was taken, with the following results: PRESENT (8) ABSENT (1) Chair Bopp Council Member Geile Commissioner Gragnani Commissioner Archeski Commissioner Peasley Commissioner Topik Commissioner Lee Commissioner Finnegan Mayor Woerther Other City Officials present: Director of Planning Vujnich, City Attorney Golterman, and Planner Weiss. II. Review Tonight s Agenda / Questions or Comments III. Approval of Minutes from the Meeting of June 17, 2013 A motion was made by Commissioner Archeski, seconded by Commissioner Finnegan, to approve the minutes from the June 17, 2013 meeting. A voice vote was taken regarding the motion for approval of the minutes. Hearing no objections, Chair Bopp declared the motion approved. IV. Department of Planning Opening Remarks V. Public Hearings No Items VI. Old Business One (1) Item Correspondences One (1) Item a.) A response to communication from Stephanie Mulholland and John Fox, Big Chief Roadhouse, that is dated March 28, 2013 regarding St. Louis County s P.C. 69 81 Frank Erikson (Lot A); Amended C 8 Planned Commercial District (Town Center Pond Historic District); south side of Manchester Road, west of Walnut Avenue; requesting an amendment to the governing ordinance that requires all
business activity associated with this building to be contained within its interior, thereby allowing live entertainment (music) to be provided on an outside patio area, which had previously been constructed at the rear of the restaurant. (Ward One) This item was postponed at the May 6, 2013 and June 17, 2013 meetings. Director of Planning Vujnich reviewed the background associated with the request and noted the petitioner requested a postponement of this item at the June 17, 2013 meeting due to personal reasons. Director Vujnich then thanked the petitioner for allowing the Commission to visit the subject property and tour it, and the surrounding areas, at the Site Visit/Work Session, which was held prior to tonight s meeting. Additionally, he noted the Department had received two (2) additional comment letters from surrounding property owners, as well as several e mail correspondences from neighboring properties that were collected by Randy Herberg, who lives in the vicinity of Big Chief Roadhouse as well. Director Vujnich explained, Mr. Herberg had tried to create a discussion between the neighbors to possibly develop a compromise relating to outdoor music at Big Chief Roadhouse. Director Vujnich then reviewed the history associated with the site by noting St. Louis County approved the C 8 Planned Commercial District in 1981, partially in order to preserve this historic property in the Pond Area, along with recognizing its long standing use for commercial purposes. He went on to note that, over the years, previous owners have requested live music be allowed outdoors and, while supported by the in some instances, it was not ultimately supported by City Council due to concerns relating to the level of noise impacting surrounding neighbors. Thus, Director Vujnich noted the most recent operator of Big Chief Roadhouse has submitted a request to allow outdoor live entertainment upon the patio to the south end of the existing restaurant building. Upon review and consideration of this request, Director Vujnich noted the Department supports a change to the governing ordinance to allow for outdoor entertainment, as a means to assist in the continued reuse and maintenance of this historic asset and property. He noted in order to limit the impact on surrounding properties, the following restrictions are also recommended: live outdoor music is to be authorized on Friday and Saturday evenings, between the hours of 5:30 p.m. and 9:30 p.m.; the band would be situated on the current patio on the southeastern portion of it; bands are to consist of no more than three (3) members, with no use of sound amplification equipment; and the would review this activity, if approved, on a yearly basis. Based upon the aforementioned conditions, Director Vujnich stated the Department is recommending the site specific ordinance be amended to allow outdoor live music. After a motion and a second, Director of Planning Vujnich noted the Department would be available to answer any questions the Commission may have on the recommendation. A motion was made by Mayor Woerther, seconded by Commissioner Topik, to discuss the recommendation. A voice vote was taken regarding the motion for discussion. Hearing no objections, Chair Bopp declared the motion approved. Page 2
Michael Rempe, 16346 Centerfield Court, General Manager, Big Chief Roadhouse, noted the restaurant s strong desire to be allowed to have outdoor live music in order to compete with other establishments in Wildwood and provide their customers this type of desirable ambiance. He added the need for sound amplification for instruments, along with voice is necessary, or the music would not be heard. He added the amount of time outdoor live music would be played is minimal to their overall operating hours. In conclusion, he noted the, Big Chief Roadhouse is a family restaurant and committed to being respectful of the neighborhood where it is located. Discussion was held among Commission Members regarding the following items: the belief the three (3) member band should be situated on the southeastern portion of the outdoor patio area; if a Special Events Permit was approved for the allowance of music on Father s Day; the belief the sound amplification restriction should be eliminated; how sound amplification is controlled; and if a decibel limit should be set and enforced at the edge of the property. Stephanie Mulholland, 19301 Deer Pointe Estates, petitioner, thanked the Commission for their consideration and noted the City has an approved Noise Code in place and the police have not issued her a citation for violating it. She also added her desire to be able to choose the days of the week they provide live music. Mayor Woerther made a motion to close the discussion, seconded by Commissioner Lee. A voice vote was taken regarding the motion to close the discussion. Hearing no objections, Chair Bopp declared the motion approved. A motion was made by Commissioner Topik, seconded by Commissioner Peasley, to remove the restriction relating to the prohibition of sound amplification for instruments and add the requirement that the outdoor live music must be situated on the southeastern portion of the outdoor patio. A voice vote was taken regarding the motion. Hearing no objections, Chair Bopp declared the motion approved. A motion was made by Commissioner Topik, seconded by Commissioner Peasley, to approve the Department s recommendation, as amended. Ayes: Commissioner Topik, Commissioner Gragnani, Commissioner Finnegan, Commissioner Peasley, Commissioner Archeski, Commissioner Lee, Mayor Woerther, and Chair Bopp. Abstain: None Whereupon, Chair Bopp declared the motion approved by a vote of 8 to 0. VII. New Business One (1) Item Correspondences One (1) Item Page 3
a.) A response to communication from George M. Stock, c/o Stock and Associates, 257 Chesterfield Business Parkway, Chesterfield, Missouri, 63005, requesting an extension of time for the submittal and approval of the Record Plat for Eatherton Road Corporate Park. This request pertains to a proposed industrial subdivision located in the M 3 Planned Industrial District and the FPM 3 Floodplain Planned Industrial District [St. Louis County Ordinance #6004; P.C. 33 71 Fruin Colnon Corporation]; west side of Eatherton Road, north of Centaur Road; a fifty two (52) acre tract of land, consisting of twenty (20) lots, ranging from 1.32 acres to 5.22 acres in size. This extension would be for twelve (12) months, if granted. (Ward One) Director of Planning Vujnich gave an overview of the request, the background associated with the property, and described its physical characteristics. He noted the site has a number of characteristics that are similar to other properties located in the Wildwood portion of the Chesterfield Valley Area. Among some of these characteristics he noted the following: its current use is agricultural and its future use is office/warehouse types of activities; the majority of the site is protected floodplain due to the location of the Monarch Chesterfield Levee; and it has frontage along North Eatehrton Road, a St. Louis County arterial roadway. Director of Planning Vujnich went on to note the original Preliminary Plat for this subdivision was approved in April 2009 and has been re approved each year for the past four (4) years by the Department. He noted that, with the fifth extension being sought, the Department believed it was appropriate to present the Preliminary Plat/Record Plat to the Commission for re approval. He added the Department is supporting this extension due to the plat s compliance to the City s Master Plan and the recently resolved issues between the owner, Chesterfield Monarch Levee District, the Metropolitan St. Louis Sewer District, and the Missouri American Water Company. Director Vujnich concluded by stating the Department is recommending the plat be re approved for an additional twelve (12) months, since it continues to comply with the Zoning Ordinance and Subdivision and Development Regulations of the City. Mayor Woerther made a motion to approve the recommendation to re approve the plat, which was seconded by Commissioner Topik. Discussion was held among Commission Members regarding the following items: if landscaping is required by each individual lot owner; if landscaping will be provided in the common ground area by the developer; the belief more landscaping will be needed along North Eatherton Road; if a berm would be required along North Eatherton Road; and the belief that progress with the Chesterfield Monarch Levee District is an optimistic sign development will follow thereafter. Director of Planning Vujnich responded by noting landscaping and lighting would be required to be shown on the Site Development Plan, which would be reviewed by the Commission. He also noted a berm along North Eatherotn Road was not required due to this area being substantially encumbered by a stormwater channel. Page 4
Ayes: Commissioner Topik, Commissioner Gragnani, Commissioner Finnegan, Commissioner Peasley, Commissioner Archeski, Commissioner Lee, Mayor Woerther, and Chair Bopp. Abstain: None Whereupon, Chair Bopp declared the motion approved by a vote of 8 to 0. VIII. Site Development Plans Public Space Plans Record Plats One (1) Item a.) Recommendations regarding three (3) Site Development Plans for three (3) utility pole locations to support the rollout of high speed internet access service to the rural areas of Wildwood. These three (3) locations related zoning district designations and Addresses/Locator Numbers are as follows: Site Numbers Zoning District Designations Locator Numbers Addresses #1 NU Non Urban Residence District 28Z330122 4701 Fox Mountain Road #2 NU Non Urban Residence District 28Y520045 4622 Fox Creek Road Each of these locations is within residential subdivisions and the poles will be placed in easements created for this sole purpose. (Wards One, Two, and Six) Director of Planning Vujnich provided an overview and background regarding tonight s recommendation, which is to address a problem in the rural areas of the community regarding the provision of high speed internet access. He went on to describe the work the Rural Internet Access Committee (RIAC), a group of four (4) citizens, two (2) City Council liaisons, and the Mayor over the past five (5) years. He added that, since the fall of 2012, two (2) wireless internet service providers and the City have been working on the expedited rollout of services. These companies are Bays ET and WisperISP and their proposals propose service to areas of the City by utilizing their current networks to provide high seed internet access to these underserved and un serviced areas. Director Vujnich noted the City has developed two (2) Site Development Plans for the Commission s consideration at tonight s meeting. He noted these proposed poles are planned within the southern half of the City and have been reviewed favorably by the City Attorney and the Department. He also noted the two (2) plans comply with the requirements of the City s Model Telecommunications Ordinance, since they would be located on property under the direct control of the City of Wildwood through a lease agreement or placed in existing public right of way. Therefore, the Department is requesting favorable actions on both of the Site Development Plans submitted for Site #1 (4701 Fox Mountain Road) and Site #2 (4622 Fox Creek Road). A motion was made by Commissioner Topik, seconded by Commissioner Peasley, to approve the recommendation. Discussion was held among Commission Members regarding the following item: how many households these poles would serve with high speed internet access. Page 5
Dan Gerogevitch, Bays ET Wireless, explained the company s use of reverse mapping software system and noted there would be an approximately 96% coverage rate for some 62 64 homes. Ayes: Commissioner Topik, Commissioner Gragnani, Commissioner Finnegan, Commissioner Peasley, Commissioner Archeski, Commissioner Lee, and Chair Bopp. Abstain: Mayor Woerther Whereupon, Chair Bopp declared the motion approved by a vote of 7 to 0, with one (1) abstention. IX. Other One (1) Item a.) A consideration of future action regarding P.Z. 5 11 Johnson Horse Solutions, L.L.C.; a Conditional Use Permit (CUP) in the NU Non Urban Residence District; west side of Allenton Road, north of Tamara Trail Drive; the petitioner has indicated it is her intent not to complete the Site Development Plan review process, which is beyond the prescribed deadline at this time, which either would lead to the permit s revocation or the consideration of an amendment to it for additional time. (Ward Six) Director of Planning Vujnich provided a background relating to the approval of the Conditional Use Permit (CUP) for P.Z. 5 11 Johnson Horse Solutions and noted the Site Development Plan review and approval was to be completed by April 2, 2013, which has not occurred. He added the petitioner did submit a Site Development Plan (SDP) to the Department on March 1, 2013 and comments ensued from the Departments of Planning and Public Works. However, the petitioner noted it was her intent not to proceed forward with the completion of the plan review process due to cost associated with it. Therefore, Director of Planning Vujnich noted the Department is seeking the direction of the Commission and believes there are two (2) choices in this regard: proceed with the revocation of the permit, per the requirements of the permit; or consider at the next available meeting an extension of time for the submittal of the plan, which is addressed in the permit and would not exceed an additional twelve (12) months of time (approximately eight (8) months, if acted upon by July of this year). Director of Planning Vujnich reiterated the Department is seeking the Commission s direction in this regard on how it would prefer to proceed. He noted that, after a motion to discuss or the selection of one (1) of the options described, the Department is available to answer any questions the Commission may have in this regard. A motion was made by Mayor Woerther, seconded by Commissioner Peasley, to discuss the item. Discussion was held among Commission Members regarding the following item: the need for further more definitive communication in the form of a letter from the petitioner, Ms. Johnson, regarding her request for an extension of time and future plans. Page 6
A motion was made by Mayor Woerther, seconded by Commissioner Topik, to close the discussion. A voice vote was taken. Hearing no objections, Chair Bopp closed the discussion. A motion was made by Commissioner Gragnani, seconded by Commissioner Peasley, to accept Option #2, which is to consider at the next available Commission meeting an extension of time for the submittal of the Site Development Plan (SDP), with the requirement the petitioner submit a letter requesting such extension. Ayes: Commissioner Topik, Commissioner Gragnani, Commissioner Finnegan, Commissioner Peasley, Commissioner Archeski, Commissioner Lee, Mayor Woerther, and Chair Bopp. Abstain: None Whereupon, Chair Bopp declared the motion approved by a vote of 8 to 0. X. Closing Remarks and Adjournment Chair Bopp requested an update on items Not Ready for Action on the Commission s Agenda. Specifically, P.Z. 7 10 Whispering Oaks Health Care Facility and P.Z. 13 04 McLain Properties (outdoor seating for Chimi s Restaurant). Director of Planning Vujnich noted no action has taken place on P.Z. 13 04 McLain Properties (outdoor seating for Chimi s Restaurant), since the restaurant owners have not contacted the property owners, Jones Properties, and therefore, the Department would prepare this item for removal from the agenda. City Attorney Golterman noted Nareen Chaganti, the owner of Whispering Oaks Health Care Facility, is involved in litigation with the previous property owner, from whom he purchased the facility. A motion made by Commissioner Archeski, seconded by Commissioner Finnegan, to adjourn the meeting. A voice vote was taken. Hearing no objections, Chair Bopp adjourned the meeting at 8:58 p.m. Approved by: The at the July 15, 2013 meeting. Secretary City of Wildwood Note: Recordation of the opinions, statements, and/or other meeting participation in these minutes shall not be deemed to be an acknowledgement or endorsement by the Commission of the factual accuracy, relevance, or propriety thereof. * If comment cards were submitted indicating they did not wish to speak at tonight s meeting, they have been attached and made part of the official record. Page 7