AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR OPERATION OF A RESTAURANT AT 13275 MANCHESTER ROAD TO KOIBITO POKE FRESH EATERY - Des Peres
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PROPOSED BY: Planning & Zoning Commission BILL NO: 22-2956
INTRODUCED BY: ORDINANCE:
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR OPERATION OF A RESTAURANT AT 13275
MANCHESTER ROAD TO KOIBITO POKE FRESH EATERY
WHEREAS, Section 405.130 of Appendix C. Zoning Regulations of the
Municipal Code of the City of Des Peres requires that a Conditional Use Permit be
obtained for operation of a restaurant within the General Commercial Zoning District
which includes the development know as Des Peres Pointe located at the western
juncture of eastbound and westbound Manchester Road (State Route 100); and
WHEREAS, Des Peres Pointe is a 8.41 acre tract of land developed as a
Unified Development under Ordinance 2741 enacted February 8, 2016 under the C-5
Special Business District Zoning Regulations which provided for adoption of an
overall Master Development Plan and allowed as permitted uses any permitted or
conditionally allowed within the C-1 Commercial Zoning District without issuance of
individualized conditional use permits; and
WHEREAS, in accordance with the provisions of the (then) C-5 Planned
Business District, the city issued business permits for operation of a restaurant at
12375 Manchester the most recent of which was Smoothie King; and
WHEREAS, Ordinance 2800, adopted October 9, 2017, repealed the Des
Peres Zoning Code in its entirety including C-1 and C-5 Commercial Zoning
Regulations and adopted in their place a new zoning code establishing a general
commercial district (C-1); continued the C-2 and C-3 commercial districts; and
adopted new regulations providing for Planned Development Districts – Commercial
to allow for “greater flexibility in development of land in a manner not always possible
in conventional zoning districts; to encourage a more imaginative and innovative
design of land development; and to promote a more desirable community
environment”; and
WHEREAS, Ordinance 2800, adopted October 9, 2017, also adopted a
revised Official Zoning Map which rezoned Des Peres Pointe Shopping Center into
the general “C-1” Commercial Zoning District; and
WHEREAS, on April 10, 2022 Koibito Poke Fresh Eatery submitted a petition
on behalf of their tenant, Chipotle filed a petition for a Conditional Use Permit to
operate a restaurant at 13307 Manchester Road within the Des Peres Pointe
Shopping Center located in the space formerly occupied by a restaurant user; and
WHEREAS, at their meeting held May 11, 2022 the Planning & Zoning
Commission recommended approval to granting the petition of Koibito Poke Fresh
Eatery for operation of a restaurant in Des Peres Pointe Shopping Center comprising
1,500 gross leasable square feet; and
Bill 22-2956 Page 1
WHEREAS, having first given fifteen (15) days’ notice by posting in 4 locations
within the city; posting on the city website and by publication in a newspaper of
general circulation, the Board of Aldermen held a Public Hearing on Monday, June
13, 2022 on the petition of Koibito Poke Fresh Eatery for a conditional use permit for
operation of a restaurant; and
WHEREAS, the Board of Aldermen has determined that the granting of a
Conditional Use Permit for operation of a restaurant in Des Peres Pointe would not be
detrimental to the public safety, health or welfare of the community and hereby finds
and concludes in accordance with Section 408.010(A)(6) of the Municipal Code as
follows:
a) That the proposed use is compatible with the surrounding areas and uses;
b) That the comparative size, floor area and mass of the proposed use is
appropriation and reasonable in relation to adjacent structures on the
surrounding property and surrounding neighborhoods;
c) That the frequency and duration of various indoor and outdoor activities and
special events associated with the proposed use will not have a deleterious
impact on the surrounding area;
d) That the streets adjacent to the proposed use have sufficient capacity to
service any increased traffic volume associated with the proposed use while
maintaining adequate and reasonable levels of service for the community;
e) That the number of transit movements on abutting streets and minor streets in
the neighborhood to be generated by or associated with the proposed use will
not cause significant increases in hourly or daily traffic levels;
f) That the added noise levels generated by activities associated with the
proposed use will not adversely impact the ambient noise level of the
surrounding area or neighborhood;
g) That the activities associated with the proposed use will not generate
obnoxious odors to the determinant of the surrounding areas;
h) That the proposed use will not significantly increase demands on fire and
police protection services in excess of the individual demands of adjacent land
uses and that the proposed use will not present any real or potential fire or
public safety hazard;
i) That the proposed use will not adversely affect the general appearance of the
neighborhood due to the location of the proposed use on the parcel of ground
or due to the materials used in construction of any proposed buildings being
greatly dissimilar to surrounding appearances of buildings, or due to the
architecture of any proposed buildings being of such a nature as to create
visual disharmony within the neighborhood;
Bill 22-2956 Page 2j) That the intensity, duration or frequency of lighting associated with the
proposed use will not adversely impact the ambient light level of night light in
the neighborhood;
k) That the landscaping associated with the premises to be occupied by he
proposed use is adequate in regard to the creation and maintenance of
landscaped areas as opposed to areas to be left in a natural state and the use
of buffers and screens as opposed to open land areas;
l) That the proposed use will not adversely affect the neighborhood in terms of
water runoff, noise, or transfer or heat generation due to a significant amount
of hard surfaced areas for buildings, sidewalks, drives, parking and service
areas.
m) That the proposed use is likely to remain in existence for a reasonable length
of time and not become vacant or unused and that the use proposed does
not involve the presence of unusual single purpose structures or components
of a temporary nature.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE CITY OF DES PERES, MISSOURI, AS FOLLOWS:
SECTION ONE: CONDITIONAL USE PERMIT – KOIBITO POKE
A Conditional Use Permit is here granted for the operation of a restaurant in Des
Peres Pointe in accordance with Section 405.130 of the Municipal Code of the City of
Des Peres, Missouri. Said permit is issued to Koibito Poke Fresh Eatery and such
permit may not be transferred or amended without the prior review and approval by
the Board of Aldermen.
SECTION TWO: OPERATIONAL CONDITIONS OF RESTAURANT PERMIT
The authority and approvals embodied in this Ordinance are granted subject to
compliance with all ordinances of the City of Des Peres, Missouri and the following
additional conditions and restrictions:
(A) That the gross leasable floor area of said restaurant shall not exceed
1,500 leasable square feet located within Des Peres Pointe and
addressed as 13275307 Manchester Road.
(B) The restaurant shall be permitted exterior seating for the sale and
service of food provided that the size and location of exterior seating
shall be approved by the Director of Public Works and Director of
Public for fire safety, zoning compliance and compliance with
provisions of the American with Disabilities Act.
(C) The restaurant may not provide a drive-thru order or delivery window
without amendment of this permit by the board of aldermen.
(D) Nothing herein shall preclude issuance of a liquor license to the
operators of the restaurant subject to obtaining and maintenance of the
Bill 22-2956 Page 3appropriate liquor licenses from the City of Des Peres from the Board
of Aldermen as require under Section 4-21 of the Municipal Code of
the City of Des Peres.
(E) The hours of operation of the restaurant authorized herein shall be in
accordance with the general provisions of the Municipal Code of the
City of Des Peres and State Liquor Laws.
(F) Smoke and odor emission devices shall be installed and operated at all
times as may be directed by the Missouri Department of Natural
Resources, the County Department of Health or the Department of
Public Works of the City of Des Peres. If smoke or odor emissions
interfere with the peaceable use and enjoyment of nearby properties,
the City may, after a hearing at which the public and permit holder shall
be allowed to present evidence, require the installation of additional
emission control devices or revoke the permit granted herein.
(G) All signs shall be in compliance with the General Sign Code of the City
of Des Peres and in conformance with uniform sign standards to be
adopted by the Planning & Zoning Commission for the Des Peres
Pointe Development. Provided, however, no order board or menu shall
be on display at the Chipotlane window.
(H) The holder of this Conditional Use Permit shall at all times possess a
Missouri Sales Tax License for the address of the establishment
authorized herein and be current in payment of all sales taxes and
other business license fees required by law. Failure to comply with this
section shall be sufficient grounds for revocation of this permit.
SECTION THREE The authority to operate a restaurant under this permit shall
expire July 12, 2023 unless before that time an Occupancy Permit has been issued
by the City or an extension of time is granted by the Board of Aldermen or after that
date the approvals granted in this ordinance shall be deemed to be null and void.
Further such permit shall be considered abandoned and the approvals authorized
herein shall be null and void if the restaurant use approved herein is discontinued for
a period of twelve (12) months. For purposes of this section, the term “discontinued”
is defined in Section 414.015 of the Des Peres Zoning Code.
SECTION FOUR: The Director of Public Works, or his authorized representative,
shall be responsible for enforcement of this Ordinance. Failure to comply with any or
all of the conditions of this permit shall be adequate cause, following a public hearing
before the Board of Aldermen for revocation of this permit and termination of the use
of the premises permitted herein.
SECTION FIVE: It is hereby declared to be the intention of the Board of
Aldermen that each and every part, section and subsection of this Ordinance shall be
separate and severable from each and every other part, section and subsection hereof
and that the Board of Aldermen intends to adopt each said part, section and subsection
separately and independently of any other part, section and subsection. In the event
that any part of this Ordinance shall be determined to be or to have been unlawful or
Bill 22-2956 Page 4unconstitutional, the remaining parts, sections and subsections shall be and remain in
full force and effect.
SECTION SIX: This ordinance shall be in full force and effect both from and
after its passage and approval by the Mayor and Board of Aldermen.
Voting in Favor:
Voting Against:
Absent:
This Ordinance passed this _____ day of June, 2022.
________________________________
Presiding Officer
ATTEST:
_________________________________
Amanda Hurley, City Clerk
This Ordinance approved this _____ day of June, 2022.
________________________________
Mayor Mark Becker
ATTEST:
_________________________________
Amanda Hurley, City Clerk
1st Reading 05-23-2022
Public Hearing 06-13-2022
2nd Reading 06-13-2022
Bill 22-2956 Page 52-3 Employees
Please see picture 7-9 seats for customers
450 sq ft of public space
1500 total space
11am-9pm we are not changing the layout of the old Smoothie KingShane Yearian Koibito Poke Fresh Eatery 13275 Manchester Rd, Suite 103 Des Peres, MO 63131 Mr. Meyer Public Works Director City of Des Peres 12325 Manchester Rd Des Peres, MO 63131 Dear Mr. Meyer, Central Restaurant Concepts LLC/ Koibito Poke Fresh Eatery is applying for a conditional use permit for restaurant space at 13275 Manchester Rd, Suite 103, Des Peres, MO 63131. We are interested in opening a location in this recently vacated space. Koibito will have minimal changes to the existing build out of the current space. We intend to use the same line layout and seating arrangements as the old Smoothie King. We will not change anything on the outside of the building, except for new signage that meets the landlords and cities specifications. Koibito Poke is excited to bring a very healthy fast food option to the Des Peres area. If you need any additional information about Koibito Poke please let me know. Sincerely, SHANE YEARIAN Owner/President 618-830-2825 (cell)
REVISIONS
No. Date
’
PLANS FOR REVIEW
UPDATED: 4.27.2022
PROJECT INFORMATION CURRENT CODES
I HEREBY CERTIFY THAT THE PORTION OF THIS TECHINICAL
SUBMISSION DESCRIBED HEREIN WAS PREPARED BY ME OR
UNDER MY DIRECT PERSONAL SUPERVISION.
I AM A DULY LICENSED ARCHITECT/ENGINEER UNDER THE
LAWS OF THE STATE OF MISSOURI.
SIGNATURE:
NAME: Nathan Elliott
DATE: 4/27/22
LICENSE RENEWAL DATE: 11/30/22
PAGES OR DIVISIONS COVERED BY THIS CERTIFICATION:DOOR / APPROACH CLEARANCES RESTROOM CLEAR FLOOR AREAS AT FIXTURES GRAB BARS
OBSTRUCTION
Y
X = 15" MIN. IF BARRIER IS X = 15" MIN. IF BARRIER IS
"X" ONLY ON ONE SIDE ONLY ON ONE SIDE
24" MIN. X = 18" MIN. IF BARRIER IS X = 18" MIN. IF BARRIER IS X
36" MIN. ON BOTH SIDES ON BOTH SIDES
24" 12" "x" "x"
MIN. MIN.
MIN. CLR.
60" MIN.
REVISIONS
(A) X = 2" MAX. CROSS
12"
MAX.
13 1/2"
48" MIN.
MIN.
12"
SECTION DIMENSION
"Y"
Y = 4" MIN TO 4.8" MAX.
39" - 41"
1-1/2" PERIMETER DIMENSION
18" MIN.
48" MIN.
"X" CLR.
54" MIN.
56" MIN.
CLR.
PULL SIDE
CLR.
PULL SIDE PULL SIDE GRAB BARS w/ A CIRCULAR Y
No. Date
42" MIN.
16" - 18" CLEAR
CROSS SECTION SHALL HAVE
FLOOR
48" MIN.
CLEAR
AN OUTSIDE DIAMETER OF 1-41"
CLR.
FLOOR AREA X
CLEAR MIN. & 2" MAX.
FLOOR AREA
AREA
NOTE: IF MIN. Y=60" THEN X = 36" MIN, NOTE: Y = 54" MINIMUM IF DOOR HAS A CLOSER
1-1/2"
CLR.
MIN.
IF MIN. Y=54" THEN X = 42" MIN. 30" MIN.
CLR. (B)
60" MIN.
30" MIN. OBSTRUCTION
CLR.
CLR. GRAB BAR w/ NON-CIRCULAR
"X"
"X" 24" MIN.
54" MIN. CROSS SECTION
REACH RANGES CLEAR WIDTH
48" MIN.
42" MIN.
42" MIN.
"Y"
"Y"
24 48 24
PUSH SIDE MAX. MIN. MAX.
PUSH SIDE
PUSH SIDE
>20" TO 25" MAX.
20" MAX
36MIN.
36MIN.
MIN.
MIN.
32
32
NOTE: X=12" IF NOTE: Y = 48" NOTE: Y = 48" MINIMUM IF
DOOR HAS BOTH A MINIMUM IF DOOR DOOR HAS BOTH A
CLOSER AND LATCH HAS A CLOSER CLOSER AND LATCH
48" MAX.
48" MAX.
CLEAR WIDTH OF AN ACCESSIBLE ROUTE
44" MAX.
15" MIN.
ADA PARKING SIGNAGE FLOOR OR GROUND OBSTRUCTIONS
60MIN.
FRONT APPROACH
48MIN.
NOTES:
1. IF SIGN/POST IS LOCATED ON A CIRCULATION
MAX.
1/4" MAX
1/2"
PATH/SIDEWALK CARE MUST BE TAKEN TO COMPLY WITH
1/4"
PROTRUDING OBJECTS REQUIREMENTS. 2
1/4"
2. DETAIL IS MEANT TO BE A GENERAL GUIDELINE. 1
ACCESSIBLE SIGN REQUIREMENTS MAY VARY BY
JURISDICTION, VERIFY WITH LOCAL AHJ.
12" 3. SIGNS SHOULD BE LOCATED SO AS NOT TO BE
OBSTRUCTED/OBSCURED BY A VEHICLE PARKED IN SPACE VERTICAL CHANGE IN LEVEL
BEVELED CHANGE IN LEVEL
48" MAX.
RESERVED
PARKING
46" MAX.
DOMINANT
34" MAX.
THIS AREA IS FOR LOCAL
CODES, NOTICES, FINES,
ETC.
DIRECTION OF
TRAVEL
18"
GALVANIZED METAL SIGN POST
MIN.
15"
42 42 36 36
LONG DIMENSION MIN. MIN. MIN. MIN.
PERPENDICULAR TO 10" CLEAR FLR CLEAR FLR >10" TO 24"
MAY VARY IF ON CIRC. PATH
DOMINANT DIRECTION MAX. SPACE SPACE X < 48" X < 48"
OF TRAVEL (A) (B)
SIDE APPROACH
180° TURN 180° TURN (EXCEPTION)
60" TYP.
1/2" MAX.
CLEAR WIDTH AT TURN
6"
FINISH GRADE
DETECTABLE WARNINGS/TRUNCATED DOMES MOUNTING HEIGHTS & CLEARANCES
X
1.6" - 2.4" X = BASE Ø = 0.9" -1.4"
1.6" - 2.4"
CONCRETE FOOTING
Y Y = TOP Ø = 50%-65% OF X
0.65" MIN.
Z = SPACING = 1.6" - 2.4" NOTE: SINKS IN
24"
EXPOSED PLUMBING COUNTERS TO BE
CLR.
C BARRIER FREE MOUNTED WITH RIM
HANDICAP PARKING SIGN: L NO
A A
LAVATORIES MUST
1. SEE USDOT REQUIREMENTS FOR ADDITIONAL C C BE MORE THAT 2'-10"
SPECIFICATIONS. L L HIGH AND WITH AT
INSULATED OR
3"
2. COLORS & STYLE PER STATE/LOCAL REQUIREMENTS C
L Z OTHERWISE LEAST 2'-3" KNEE
3. ALL SIGNS OF THIS TYPE TO MATCH. 12" CONFIGURED TO CLEARANCE.
4. VERIFY FINE AMOUNT W/ LOCAL REQUIREMENTS SPACING PLAN ELIMINATE POSSIBLE LEVER OPERATING
5. MOUNTING HEIGHTS PER LOCAL REQUIREMENTS CONTACT. CONTROLLED 9"
0.2" HGT.
TOP DIAMETER
BASE DIAMETER STROBE ALARM
PLAN TAPER EDGE ROOM DESIGNATION
1'-5"
WHERE LIGHT SWITCH MIN.
SECTION A-A EXPOSED
BOTTOM OF MIRROR
THERMOSTAT
5'-0"
FIRE PULL BOX
PROTRUDING OBJECTS
3'-4" MAX
2'-10" MAX
3'-4"
2'-5" MIN.
2'-5" MIN
2'-3" MIN.
2'-10"
ELECTRICAL OR
9" MIN.
8" MIN
PHONE/DATA
OUTLET
6" MAX
(FRONT REACH)
DEVICE LOCATIONS TYPICAL ACCESSIBLE 1'-3" 1'-3"
4" CLEARANCE AT LAVATORY INTERNATIONAL SYMBOL OF ACCESSIBILITY SIGN
MAX. SHALL BE INSTALLED ON LATCH SIDE OF ALL
RESTROOM DOORS
TYPICAL ACCESSIBLE LAVATORY
OBJECTS w/ LEADING AND MIRROR
EDGES MORE THAN 27"
VERTICAL CLEARANCE TO 6"
& NOT MORE THAN 80"
ABOVE FIN. FLOOR SHALL CEILING OBJECTS SHALL
BE 80" MIN.
PROTRUDE 4" MAX. 39"-41"
INTO THE CIRCULATION PATH
3'-0"
33"-35" TO CENTERLINE
6"
MIN.
18"
36"
12"
MAX.
OPERATING MECHANISM
19" MIN
4'-10" TYP.
TOWEL LOCATION
TO OPENING
80" MIN.
38" MIN.-43" MAX.
ACCESSIBLE
CLR.REVISIONS
X XYZ-#
No. Date
LIFE SAFETY LEGEND
HI TOP
48"x36"
LOWGENERAL NOTES DEMO GENERAL NOTES
REVISIONS
No. Date
KEYED NOTES
DEMO KEYED NOTES
HI TOP
48"x36"
LOWMATERIALS & FINISHES SCHEDULE FINISH LEGEND
X XYZ-#
EP-1
QEP-1
REVISIONS
QEP-1
No. Date
GENERAL NOTES
W P-1
ABOVE TILE
F EP-1
B EP-1
W P-1
W P-1
W P-3
KEYED NOTES
F QEP-1
B QEP-1
W P-1
F EP-1
B VB-1
W P-1EQUIPMENT GENERAL NOTES
REVISIONS
No. Date
EQUIPMENT SCHEDULE
1
2
3
4 3
5
6
3
7 8
8
9
3
10
11
12
13
14
15
16
17
4
18 13
19
20 6
21
5
16
14
10
17
12
15 1
19
17
11
20
5
17
21
5
7
7
9 5
2
HI TOP 18
48"x36"
LOWLIGHTING GENERAL NOTES
REVISIONS
No. Date
REFL. CEIL. GENERAL NOTES
MECHANICAL GENERAL NOTES
KEYED NOTES
SPRINKLER SYSTEM NOTESGENERAL PLUMBING NOTES
REVISIONS
No. Date
PLUMBING LEGENDPUBLIC WORKS
STAFF REPORT
CONDITIONAL USE PERMIT
APPLICANT/OWNER Koibito Poke Restaurant
Owners: Shane Yearian and Todd Stottlemeyre
Landlord: Montgomery Group
LOCATION: 13275 Manchester Road, Suite 103 (Des Peres Pointe-Phase I)
REQUEST: Conditional Use Permit for renovation of former Smoothie King
space into a poke restaurant (Japanese)
EXISTING ZONING: C-1, Des Peres Pointe (east building)
EXISTING USE: This space was previously home to Smoothie King, which was
considered retail and did not have a CUP
COMMENTS:
1. Cover Letter Provided
2. Site Plan The improvements are essentially a tenant finish, with no changes
Requirements: to the site. So a site plan is not required.
3. Sealed Drawings Drawings provided, but not sealed. Must be sealed for building
permits
4. Traffic and Parking No exterior changes from the Smoothie King.
Study; Kitchen: 2-3 employees on shift (3 max)
Internal Driveways, Interior seating: 450 SF
Parking Lots, and No exterior seating
Circulation Patterns Seating 8 /3=4.7 Greater of the
12
SF Dining area 543 /45=12 two->
Max employees on shift 3 x 2/3 2
Parking Req 14
As a retail store, Smoothie King’s parking load was calculated as:
1500 SF @ 5 spaces/thousand SF = 7.5 spaces
The per square foot parking calculation was created years ago
based upon a bar that limited seating but lots of standing room.
Based upon only 8 seats, the parking requirement would only be 7
spaces but for the per SF requirement.
We could go through the process of fully analyzing all uses within
the shopping center, determining the parking load, and giving a 20%
reduction based upon mixed use. But given the small size of this
proposed restaurant, the mix of uses, and the number of spaces in
the development, it stands to reason that this change is de minimis
and the parking is adequate.
5. Building Gross Floor Interior tenant finish, so only a floor plan is required. Based upon
Area, Elevation, and sheet G103:
Cross Sections • Restroom: 46 SF
• Kitchen: 805 SF
• Dining: 543 SF
• Total: 1,394 SF6. Loading Areas No changes
7. Lighting/Photometrics No changes
8. Landscaping Plan No changes
9. Refuse Enclosure No changes; common enclosure for tenants exists behind the
Elevations & Materials building.
10. Building Material No changes
Samples
11. Building Renderings No changes
12. Restaurant Name Koibito Poke Restaurant
13. Hours of Operation 11am - 9pm
14. Signage A photo has been provided for reference. Signage must comply with
uniform sign standards for the development. A permit has not been
submitted yet, but this can be a separate submittal outside the CUP
process, reviewed by staff.
15. Electronic Plans Provided
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