Planning and Zoning Commission Meeting

Meeting Agenda

Meeting Minutes

RECORD OF PROCEEDINGS

MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE

September 4, 2007 

RECORD OF PROCEEDINGS

The meeting of the Planning and Zoning Commission was called to order by Chairman Michael Wind at 7:03 p.m.  Members in attendance were:

PRESENT                                        ABSENT
 
Chairman Michael Wind 
Commissioner Pat Apel 
Commissioner Pat Buehrle 
Commissioner Sue Heath 
Commissioner Anna Hunter 
Commissioner Ron Kadane 
Commissioner Frank Karr 
Commissioner Jim Leahy 
Alderman Jane Suozzi 
Mayor Walt Young  
Assistant City Administrator Tom Aiken 
City Engineer Gary Kramer 
City Attorney Robert Jones 

Approval of Minutes

A motion was made by Commissioner Heath and seconded by Commissioner Karr to approve the minutes of the August 6, 2007 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval.

SUB 07-3 – Subdivision Petition
Wildwood Lot 112, 599 Fieldstone Lane, Ballwin MO  63011 – Gary & Margaret Stahl

Mrs. Margie Stahl, petitioner, presented the proposal to the Commission.  She described the site and its dimensions.  Commissioner Wind asked if the petitioners are agreeable to the subdivision requirements as noted in the letter from the subdivision trustees.  Mrs. Stahl said that the proposal has been amended to address most trustee issues and they will work with the trustees on the remaining points.

Commissioner Wind opened the public hearing and asked if there were any proponents wishing to speak in favor of petition SUB 07-3.  There were none.  Chairman Wind then asked if there were any opponents wishing to speak against the petition.

   Mr. Russell Van Hecke, 103 Five Meadows Lane, addressed the commission, stating that while he is not opposed to the petition, he is concerned about the size of the house that will be built on the new lot.  Commissioner Wind said that zoning regulations restrict height and yard setbacks, and that the petitioner has agreed to work with the trustees to ensure the house fits in with the neighborhood.

There were no other opponents, and Chairman Wind closed the public hearing.

Commissioner Heath asked the petitioner why they wanted to subdivide their property.  Mrs. Stahl said that they have been considering it for about four years.  It is a large yard and they are getting older, and wanted to take the opportunity now to move forward with it.

Commissioner Kadane asked if the petitioner if they have talked to MSD about detention needs.  He said chances are it won’t need further stormwater detention, but he said the grading on the south side of the proposed home may cause a problem.  Planning Director Aiken said that they will probably have to build a swale to direct the water away from the existing home.

Commissioner Kadane made a motion to recommend approval of Petition SUB 07-3 to the Board of Aldermen.  Commissioner Heath seconded the motion, which received unanimous approval.

SUE 07-8 – Special Use Exception Site Development Plan Amendment Petition
Gordon Plaza, 15505 Manchester Road, Ballwin MO  63011 – Mr. Bob Greenberg

Billy Cobb of Cole & Associates presented the proposal to the Commission.  He described the site and said that the petitioner is proposing to add a 4300 sq. ft. building to the east end of the plaza and create an additional parking area.  Part of the new drive along Hillsdale Drive is proposed to go through the existing detention basin, so the detention basin will be relocated to the lot at 105 Hillsdale Drive.  Mr. Cobb said that the petitioner has obtained verbal approval from MSD.

Mr. Cobb said that a detailed landscaping plan will be submitted and will comply with the landscape screening requirement.  He said that the petitioner will also submit a detailed lighting plan, and will match the architectural style to the existing building.  Mr. Cobb said the petitioner will provide a decorative fence for the detention basin, and will locate the dumpster to provide the best traffic circulation.

Mr. Cobb said that the front of the proposed new building will face Hillsdale Drive.  Commissioner Kadane asked for clarification regarding the sidewalk and building setback.  Chairman Wind said that if the entrance is on the Hillsdale side of the building, customers will need a sidewalk to safely access other stores in the plaza.  Planning Director Aiken said that the existing proposed 5’ sidewalk isn’t consistent with the existing sidewalks in the plaza, which are all at least 15’ wide.

Commissioner Hunter asked if the existing fence on the rear of the property will be replaced by the new six-foot fence.  The petitioner said that the old fence will be repaired and the new fence will be added to it.

Commissioner Kadane asked if the petitioner is aware of the 25’ landscape buffer zone between commercial and residential property.  Mr. Cobb said the petitioner is aware of that requirement.  Mr. Kadane then asked if they would be able to plant in the detention basin since it extends into the 25’ buffer zone.  Mr. Cobb said they are planning to plant along the top of the detention basin and meet the rest of the requirement with green space.  

Alderman Suozzi said that there are many points that Planning Director Aiken has made regarding the architectural design of the proposed building.  She said that without those plans, and with the sidewalk issue, it isn’t possible to compare the petitioner’s plan with the 2007 Comprehensive Plan.    Chairman Wind agreed, saying that the Commission needs elevation drawings showing the design of the building in addition to an overhead view showing the square footage.  Commissioner Karr asked if there are other detention basin designs available to the petitioner so that it wouldn’t have to be the common square design with a four-foot fence.  Planning Director Aiken said that while ultimately, the detention basin is under MSD’s jurisdiction for approval, there is nothing to prohibit a different design.  Alderman Suozzi said that the current detention basin is overgrown and looks terrible.  She wants the new detention basin to be maintainable.  

Mr. Ed Cohen of Greenberg Development indicated that they are the new owners.  He said it is their intention to maintain the property.  

Commissioner Wind opened the public hearing and asked if there were any proponents wishing to speak in favor of petition SUE 07-8.  There were none.  Chairman Wind then asked if there were any opponents wishing to speak against the petition.

   Ms. Stacy Readenour, 107 Hillsdale Drive, owns the property to the north of the detention area.  She is concerned about the maintenance of the detention basin.  Other concerns are lighting, noise and inappropriate evening activity in the parking lot.  She said that people who miss the Hillsdale Drive entrance to Gordon Plaza turn around in her driveway.                                                     

There were no other proponents, and Chairman Wind closed the public hearing.  Commissioner Kadane asked if the Planning & Zoning Commission recommended disapproval of the petition to the Board of Aldermen, would it be appropriate to require additional information or special stipulations?  City Attorney Jones said that stipulations generally accompany petitions that are recommended for approval.  Commissioner Hunter suggested holding the petition over to the next meeting of the Commission to allow the petitioner to address the concerns that have been raised.  City Attorney Jones said that the Commission must make its decision on a petition within 60 days of when the petition review report is certified to the Commission.  The petition can be held over with the petitioner’s permission, to allow them to comply with the Commission’s request for information.  Mr. Cohen and Mr. Greenberg agreed to allow the petition to be held over.

Commissioner Kadane made a motion to hold over Petition SUE 07-8 to the next meeting of the Planning & Zoning Commission on October 1, 2007.  Commissioner Buehrle seconded the motion, which received unanimous approval.

Z 07-1 – Zoning Ordinance Change Petition and
SUB 07-1 – Subdivision Petition
520 Kehrs Mill Road – Charter Development Group I, LC, 11737 Administration Dr. #101,
St. Louis MO   63146 – Mr. Christopher Kersten

Mike von der Heide, Cornerstone Land Surveying and Civil Engineering, addressed the Commission on behalf of the petitioner and requested a continuance in order to allow the petitioner to better address the comments in the petition review report. 

Commissioner Wind opened the public hearing.  Commissioner Heath made a motion to continue the public hearing for Petitions Z 07-1 and SUB 07-1 to the next meeting of the Planning & Zoning Commission on October 1, 2007.  Commissioner Karr seconded the motion, which received unanimous approval.

   Mr. Don Brush, 566 Kehrs Mill Road, submitted a document to the Commission, asking them to determine if the petitioner has a clear title to the property and is therefore legally entitled to submit these petitions.   

Z 07-4 – Zoning Ordinance Change Petition
Clayton Valley Subdivision, 14706 & 14714 Clayton Road, Ballwin MO  63011 
California Homes Inc., 1215 Polo Lake Ct., Ellisville MO  63021 – Mr. C. Todd Brady

Patrick Worzer of Land Design Services addressed the Commission on behalf of the petitioner to present the final plan for Clayton Valley Subdivision. He said that pursuant to discussions with MoDot, the curb cut on Clayton Road was relocated to minimize possible turning conflicts.   Mr. Worzer said the petitioner is aware of and concurs with the recommendations of the petition review report.

Commissioner Heath asked about the internal buffers and the spacing between the homes on Lots 2, 3, and 4.  Mr. Worzer said that what is shown on the plans is typical and the actual house footprints would be adjusted to comply with the setbacks.

Commissioner Kadane asked if the storm sewer easement on the east side is on common ground.  Mr. Worzer said the petitioner will obtain an easement for MSD from the Wildwood Subdivision Trustee Association to allow that to occur on the common ground.  The trustees have previously agreed to this.

Chairman Wind asked about the useable open space.  Mr. Worzer asked if “useable open space” can include paved areas or does it refer to only green space?  Mr. Aiken said that the useable open space can be part of the overall green space.  There are specific area dimension and slope standards that are different than the overall green space requirements.  It doesn’t have to be publicly dedicated.  Mr. Worzer said that there is approximately 70% green space on the property.  He said they can grade accordingly and achieve the minimum area of 6000 square feet.

Commissioner Wind opened the public hearing and asked if there were any proponents wishing to speak in favor of petition Z 07-4.  

   Mr. Russell Van Hecke, 103 Five Meadows Lane, addressed the commission, stating his concern about the common ground preservation and protection.  

Mr. Aiken said that the adjoining common ground is in Wildwood Subdivision and is subject to the indentures of that subdivision.  The granting of an easement can only be done by the trustees of that association, which was agreed to when the preliminary plan was approved.

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

Commissioner Kadane made a motion to recommend approval of Petition Z 07-4 to the Board of Aldermen, subject to compliance with the recommendations of the petition review report.  Commissioner Buehrle seconded the motion, which received unanimous approval.

Other Business

Mr. Aiken noted that in response to the request of the Commission members, a listing of all new business licenses issued year-to-date was distributed before the meeting.  It does not include existing businesses unless they changed ownership.

Mr. Aiken said that the petition status summary was fundamentally unchanged, except that the Board of Aldermen did approve the ELCO Chevrolet special use exception site plan amendment.  The Board also passed a resolution accepting the Comprehensive Plan.

Chairman Wind confirmed with Mr. Aiken that elevations of businesses will be required from this point forward.  Mr. Aiken said that he is reworking his reports and petitioning forms to include that requirement.

City Attorney Jones said that in regards to Petitions Z 07-1 and SUB 07-1, insofar as the record title is concerned, Charter Development is the owner of that property, by virtue of a partition lawsuit filed between Mr. Essen and his sisters.  The sisters conveyed their interest in the property directly to Charter Development as part of the closing.  The remaining interest (Mr. Essen’s) was conveyed by Mr. Jones, not in his capacity as City Attorney, but as a private attorney appointed by the court to act as commissioner in the case.  Mr. Jones said there is an appeal pending whereby the three parties are still fighting over whether the judgment was properly rendered in the partition case.

Adjournment 

A motion was made by Commissioner Kadane and seconded by Commissioner Hunter to adjourn the meeting.  The motion received unanimous approval, and the meeting was adjourned at 8:35 p.m.

Michael Wind, Chairman
Planning & Zoning Commission