MINUTES OF A REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF CREVE COEUR, MISSOURI December 6, 2010

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1 MINUTES OF A REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF CREVE COEUR, MISSOURI December 6, 2010 A regular meeting of the Planning and Zoning Commission of the City of Creve Coeur, Missouri was held on Monday, December 6, 2010, at the Creve Coeur Government Center, 300 North New Ballas Road. Chair Tim Madden called the meeting to order at 7:00 p.m. MEMBERS PRESENT: OTHERS PRESENT: Mr. Timothy Madden, Chair Dr. Michael Barton Mr. Gary Eberhardt, Vice Chair Mr. Barry Glantz Ms. Cynthia Kramer Dr. Scott Saunders Mr. Jim Schnarr Mr. Carl Lumley, City Attorney Mr. Paul Langdon, Director of Community Development Ms. Whitney Kelly, City Planner Ms. Pat Rosenblatt, Recording Secretary 2. CHANGES TO ACCEPTANCE OF THE AGENDA The Commission members voted approval of the agenda, as distributed. 3. APPROVAL OF MINUTES OF THE MEETING OF NOVEMBER 15, 2010 Mr. Eberhardt moved to approve the minutes of November 15, Dr. Saunders seconded the motion, which unanimously passed. 4. PUBLIC COMMENT None. 5. UNFINISHED BUSINESS Storm Water Ordinance Update Mr. Jim Heines, Director of Public Works, requested approval of the proposed Storm Water Ordinance for residential properties with regard to storm water control. He began his presentation with photographs and descriptions of various rain gardens which Commission members had previously requested.

2 Mr. Heines stated that this ordinance does not necessarily say you have to put in a rain garden, instead it is a recommendation for non-structural devices, which could be anything from rain barrels to cisterns to bio-detention to rain gardens or anything else an engineer could come up with to provide water quality and the necessary detention value. There were comments that the ordinance is too cumbersome for the average person to read and digest, so with help from the City Attorney, such issues were addressed and a lot of the information currently in the Storm Water Regulations was removed from the ordinance. He noted that the storm water regulations for single family residential properties were moved into Section 425. Mr. Heines explained how all permits would be combined into just one permit, with no inspection fees for future inspections, which are necessary to make sure the facilities stay functional in providing the detention value and water quality for years to come. He pointed out that a deed restriction would make future home owners aware of this existing feature and the need for them to maintain it. Mr. Glantz inquired about the permit fee and how often inspections would be done. Mr. Lumley pointed out that the storm water fund contribution has been deleted. Mr. Eberhardt felt this ordinance was a substantial improvement over the previous one but needed further clarification. Dr. Saunders also felt it was an improvement but questioned the appropriateness of a small group of people having to deal with the cost of managing a large regional sewage problem. Mr. Heines identified the two issues of the proposed ordinance as water quality and detention value. A lengthy discussion followed, after which Commission members were asked to forward their modifications to the City Attorney to be incorporated into the ordinance for further review. Mr. David Caldwell, 257 Brooktrail Court, felt that the objections raised could be broken down into three general areas, namely, bureaucracy that occurred at the beginning of the process; cost of the facilities; and future encumbrances with regard to the deed restriction, etc. He inquired as to what has been changed that would reduce the cost of implementing this policy to the individual homeowner. Mr. Caldwell referred to the proposed storm water control as a bureaucratic future nightmare that sets up the Director of Public Works as a Czar with a lot of subjective and undefined powers. He called the ordinance untimely and felt that it should not be approved at this time. Mr. Robert Fry stated that he agreed with Mr. Caldwell. Mr. Jeff Bernstein, 24 Spoede Lane, stated he is a custom home builder and spoke in opposition of rain gardens as he feels the current maximum site coverage requirement addresses the storm water issue. Mr. Eberhardt moved, seconded by Mr. Glantz, to table the discussion pending a review of the items that were raised to modify the ordinance and for each Commission member to be able to give comments to the City Attorney to make potential further revisions to the ordinance. Ms. Charlotte Dalfonso, 128 Ladue Oaks, suggested looking at the Building Code before considering this ordinance as she does not see any protection from run-off and siltation for the neighbors that live downstream or next door to a tear down/rebuild. Mr. Eberhardt pointed out that the protection Ms. Dalfonso is seeking is included in the draft ordinance. Mr. Heines stated that the staff would be reviewing the plans to make sure the discharge is not going to have a negative impact to the neighbors. Chair Madden called for a vote on the motion to table the discussion, which unanimously carried. 2

3 6. NEW BUSINESS St. Timothy s Episcopal Church Parc Provence St. Timothy s Episcopal Church Mr. Chris Chiodini, with Chiodini Associates, represented St. Timothy s Episcopal Church in a request for approval of a Conditional Use Permit and Site Development Plan for a new addition and parking lot at 808 North Mason Road. Mr. Chiodini stated that the use of the property is not changing and pointed out how the proposed addition would better serve the St. Timothy congregation. He stated that the additional 24 requested parking spaces would provide 132 parking spaces on site and pointed out that the Montessori School allows them the use of their parking when necessary for any overflow. Mr. Chiodini identified the additional landscaping proposed and spoke of the neighborhood meeting that took place last week with the residents requesting the berm be extended around the ends of the retaining walls. He presented an overall plan of the facility and pointed out that they were not looking for simultaneous use of the Parish Hall and Sanctuary. A brief discussion followed. Dr. Barton moved to recommend approval of the Conditional Use Permit and Site Development Plan Amendment for the St. Timothy s Episcopal Church, submitted with Application #10-038, subject to the conditions contained in the draft ordinance attached to the staff report dated December 6, 2010 and subject to the extension of the berm. Dr. Saunders seconded the motion, which unanimously carried Parc Provence Mr. Nicholas Walker, with Parc Provence Real Estate, LLC, requested approval of a Final Subdivision Plat to divide the 16-acre Parc Provence property, addressed as 605 Coeur de Ville Drive, into two lots. Mr. Langdon, Director of Community Development, stated that staff has reviewed the drawing and finds no technical discrepancies with the Zoning Code or the Subdivision Code and suggested the Commission forward a recommendation of approval to City Council. A brief discussion followed. Mr. Douglas Baron, Attorney representing Parc Provence, stated that Parc Provence is seeking to subdivide its 16-acre tract into two parcels, with a 5.5 acre tract known as Parc Provence and an undeveloped 10.5-acre tract that contains the detention basin and lake. He pointed out that the City first approved Phase I Site Development Plan for a luxury 120-bed skilled-care, assisted-living facility now known as Parc Provence, which has been successfully operating since In 2002, the City also approved a Site Concept Plan for an independent living facility, which would have been built on the 10.5-acre tract. Due to market conditions, Phase II did not occur, and the Concept Plan expired. Mr. Baron stated that Parc Provence has 3

4 no plans to redevelop the 10.5 acres of excess land at this time. He pointed out the real reason for subdividing the property is because Parc Provence has the unique opportunity to have its excess property released as collateral from its current mortgage. The City Council was informed several months ago that Parc Provence would be refinancing its current mortgage. Discussion continued. Mr. Robert Fry inquired as to the on-going maintenance of the detention area, and Mr. Baron responded by saying that there are a series of easements provided in the Subdivision Plat, and that Parc Provence will continue to maintain the detention pond and various easements until the 10.5-acre tract is commercially developed. He pointed out that the recorded Maintenance Agreement is being amended. The 10.5-acre tract will retain its PC Planned Community District zoning. Mr. Eberhardt moved to recommend approval of the re-subdivision plat of Parc Provence as attached to the staff report on Application # dated December 6, Mr. Glantz seconded the motion, which unanimously carried. 7. WORK AGENDA A. Downtown Discussion Mr. Langdon encouraged the Commission members to read the form-based code which is already in use in Farmers Branch, Texas. He pointed out that the Regulating Plan and the Architectural Guidelines have already been completed by the City in the form of the 2005 Central Business District Land Use Plan and the 2006 Downtown Architectural Guidelines. He noted that the online document is an ordinance written in plain English so that it can readily be used by the general public without the need of a different version. Mr. Langdon asked members to be ready with questions and concerns for the next meeting and with suggestions as to how the example ordinance could be used or modified for our central business district. B. Graeser R.O.W. Mr. Langdon pointed out that this discussion relates more to Dautel than to Graeser as he alluded to the project previously reviewed by the Commission, which included a new piece of road between the new Walgreen s and the new lots to be created on top of the old Graeser Acres. He reminded the Commission members that right-of-way has to be dedicated to the City, which was made clear at the time the project was approved, with a portion going to MoDOT, a portion to the City, and a very tiny portion at the top going to the County. There is no change in the plan or in the schedule. C. P&Z Meeting Dates 2011 Mr. Langdon referred to the P&Z meeting dates for 2011 and asked if the members had any changes to the schedule. No changes were requested. Mr. Langdon informed the Commission members that only one application had been received for the December 20 th meeting, and that the applicant is agreeable to wait until the meeting in January. Mr. Eberhardt moved to eliminate the December 20th meeting unless there 4

5 is an emergency. Dr. Saunders seconded the motion, which received acceptance from all members except for Mr. Glantz who voted No. 8. OTHER BUSINESS A. Planning Department Report Mr. Langdon stated the one application that has been received is for an amendment to the Plaza Motors Master Sign Plan. Hopefully, time will be spent on the Sign Code revision. He said the City had received a total of 45 responses to the bus shelter project, which will be narrowed down to a very short list. Discussion followed. B. City Attorney Report Mr. Lumley suggested that comments on the storm water be forwarded to him this week since the next meeting is January 3, ADJOURNMENT There being no further business to come before the Planning and Zoning Commission, upon motion being made and duly seconded, the meeting was adjourned at 9:07 p.m. Timothy Madden, Chair Pat Rosenblatt, Secretary 5

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