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

February 5, 2007

The meeting of the Planning and Zoning Commission was called to order by Acting Chairman Frank Karr at 7:02 p.m.  Members in attendance were:

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

Approval of Minutes

A motion was made by Commissioner Heath and seconded by Commissioner Hunter to approve the minutes of the December 4, 2006 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the members present.

SUB 06-6 –     Subdivision Petition
Swamy Subdivision – 901 Westrun Drive, Ballwin MO 63021 – Mr. & Mrs. Yoga Swamy

Mr. Gary Chura addressed the Commission on behalf of the petitioners.  He addressed the issues that the Commission members raised at the December 4, 2006 meeting.  He referred to a packet of information that was provided to the Commission members prior to this meeting.  Mr. Chura stated that the lot split plat shows that the proposed new home meets the Ballwin R-3 zoning requirements.  

Mr. Chura stated that the proposed new home will not create significant additional stormwater runoff, so no additional detention is warranted.  He noted that the current topographical map of the site shows a 7’-8’ drop from the front to the rear of the existing house, and the proposed house would have a 10’ drop from front to rear.  He feels that a 28.57% slope is buildable.

Mr. Chura referred to the original St. Louis County ordinance for this subdivision, which allowed for 120 single-family units with a minimum lot size of 7500 square feet, and otherwise imposed the requirements under St. Louis County R-4 zoning.  There are currently 108 units in the subdivision.   The two lots resulting from the proposed subdivision will still be two of the largest in the subdivision, at 17,188 square feet and 14,115 square feet.  

Mr. Chura said that the trustees of Deer Creek subdivision have approved the proposed petition.

Acting Chairman Karr asked Planning Director Tom Aiken if he had any additional concerns that were not addressed by the petitioner.  Mr. Aiken presented a copy of the recorded Record Plat for Plat One of Deer Creek subdivision.  This document was transferred directly from the St. Louis County Department of Planning to the City of Ballwin when the City annexed the area.  The file also contains an approved copy of the site development plan which notes that it was approved for 120 lots under the Planned Environmental Unit provisions.  This shows that the proposed split would not be in violation of the County’s original approved subdivision.

Commissioner Wind asked Mr. Aiken if he foresees any problems building a home on the lot with the slope that it has.  Mr. Aiken said that many lots in the City have slopes, and if there are soils issues, they will be addressed during the building permit process.

Acting Chairman Karr reopened public hearing and asked if there were any proponents to speak in favor of Petition SUB 06-6.  There were none.  Acting Chairman Karr then asked if there were any opponents to speak against the petition.  There were none, and Acting Chairman Karr declared the public hearing closed.  

Commissioner Hunter moved to recommend approval of Petition SUB 06-6 to the Board of Aldermen.  Commissioner Wind seconded the motion, which received unanimous approval from the Commission members present.

SUE 06-19 – Special Use Exception Site Plan Amendment Petition

Meineke Muffler, 14935 Manchester Road – DTKS Properties LLC, 381 Gateford Drive, Ballwin MO 63021 – Mr. David Wirthlin

Mr. David Wirthlin addressed the Commission, requesting approval for the addition of two bays to the Meineke Car Care building, which currently has four bays.  He is also proposing to upgrade the façade of the building.  Acting Chairman Karr asked Mr. Wirthlin if he had any questions or concerns with the Petition Review report.  Mr. Wirthlin deferred to his architect, Mr. Kevin Harms.

Mr. Harms said the petitioner feels that the six-foot sidewalk requirement at the rear of the property is an excessive request.  He provided pictures showing that none of the adjacent properties have sidewalks.  Mr. Harms also said that the cross-access would be difficult, if not impossible, on the east side of the rear of the property due to the present topography of the site.  He said there would be no problem with screening the dumpster.  Mr. Wirthlin said there would be no additional lighting on the building, and Mr. Harms said that any additional lighting would be up/down and would not create a problem.

Alderman Suozzi confirmed with Mr. Aiken that the owners of the property at the corner of Ballpark Drive and Orchard would be installing a sidewalk.  Mr. Aiken said that they will be doing so.  Acting Chairman Karr said that the intent is to add sidewalks as changes in ownership take place.  He noted that the City required the owner of Dent Devil to build a sidewalk along Holloway Road.  Mr. Aiken said that since it was not possible to install a sidewalk along the Orchard frontage, Dent Devil was allowed to make a contribution to the sidewalk fund.  Mayor Young asked if Mr. Wirthlin could do the same.  Commissioner Apel asked if it was necessary to build a sidewalk.  Mr. Aiken said that it is an ordinance requirement.  Mr. Wirthlin said he is willing to make a contribution to the sidewalk fund in lieu of building the sidewalk.

Ms. Suozzi addressed the cross-access easement issue, stating that the City is not asking the petitioner to build the cross-access, just to grant the easement so that it is in place in the event that interconnection is feasible in the future.  Mr. Aiken added that it is a long-term planning tool.   Mr. Wirthlin said that he is willing to grant the easement.

Acting Chairman Karr asked the petitioner if he plans to perform any outdoor repairs.  Mr. Wirthlin said he does not.  Mr. Karr asked Mr. Aiken if the Commission granted a stormwater detention waiver.  Mr. Aiken said that by ordinance, the Board of Aldermen makes that decision, but the Commission can express any concerns that it might have relative to the issue.  Mr. Harms said that the petitioner plans to convert some of the pavement back to green space, so there will actually be a decrease in runoff.

Acting Chairman Karr opened the public hearing and asked if there were any proponents to speak in favor of Petition SUE 06-19.  There were none.  Acting Chairman Karr then asked if there were any opponents to speak against the petition.  There were none, and Acting Chairman Karr declared the public hearing closed. 

Commissioner Wind made a motion to recommend approval of Petition SUE 06-19 to the Board of Aldermen, subject to the conditions of the petition review report and allowing the contribution to the sidewalk fund.  Commissioner Buehrle seconded the motion, which received unanimous approval from the Commission members present.                                                    

Review of Items Sent to the Board of Aldermen

An updated list was provided to all Commission members.  Acting Chairman Karr asked about the Coachlight subdivision petition, which is being held by the Board of Alderman.  Alderman Suozzi said that the Board expressed a lot of concern over the substantial deviation from the original plan, and is seeking a compromise from the petitioner.  Some of the issues raised were the high visibility of garage doors, the loss of the alley in the rear, and the loss of the common ground areas between the buildings.

Acting Chairman Karr questioned whether the Planning & Zoning Commission should have taken more issue with the proposal and not recommended approval.  City Attorney Lucchesi said that the duty of the Commission is not to be concerned with the Board of Aldermen’s decision, but rather apply the ordinances to the particular situation and make a recommendation based on the requirements laid out in the petition review report.

Commissioner Leahy asked about Fortel’s.  Alderman Suozzi said they decided not to move, and withdrew their petition.  Mr. Aiken added that they decided it would cost too much to move.

Comprehensive Plan Committee Update

Commissioner Hunter reminded the Commission members to turn in their copies of the first draft to Mr. Aiken, whether or not they made changes.

Adjournment 

A motion was made by Commissioner Wind and seconded by Commissioner Apel to adjourn the meeting.  The motion received unanimous approval from the members present.  The meeting was adjourned at 8:10 p.m.

 Frank Karr, Acting Chairman
Planning & Zoning Commission