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

October 2, 2006

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

PRESENT                                                                ABSENT 
Commissioner Sue Heath                    Chairman Michael Boland 
Commissioner Anna Hunter                Commissioner Pat Buehrle 
Commissioner Frank Karr                    Commissioner Ron Kadane 
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

Swearing In of New Commission Member

Mr. Jim Leahy, 308 Wildforest Ct (Ward 3), was sworn in by Assistant City Administrator Thomas Aiken.  Mr. Leahy replaces Mr. Jeff Medler, who resigned from the Commission. 

Approval of Minutes

A motion was made by Commissioner Heath and seconded by Commissioner Hunter to approve the minutes of the August 7, 2006 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the members present.

Z 05-2 – Zoning Ordinance Change Petition and

SUB 05-2 – Subdivision Petition

Villas at Dogwood Glen Subdivision, 212 Jacob Lane, Ballwin MO  63021 – LLAM Enterprises Inc., 7 Swan Lake Ct., O’Fallon MO  63366 – Mr. Christopher Seaman

Acting Chairman Karr reopened the public hearing of the Commission.  He said that as the Commission has not received new information from the petitioner, the public hearing that was held over from the August 7, 2006 meeting would now continue.  He called for proponents or opponents to speak in favor of or opposition to Z06-2 and SUB06-5.

   Mr. Scott Ritter, 238 Jacob Lane, believes the development is incompatible with the surrounding neighborhood.  He cited several concerns, including underground retention, loss of trees, and retaining walls.  Mr. Ritter submitted a written copy of his comments, which will be placed in the petition file.

   Ms. Cindy Faris, 1216 Castle Manor Court, is opposed to the development and feels that it may be spot zoning.  She is concerned about responsibility for maintenance of the retaining wall after the developer is out of the project.  She does not want her yard to become a water retention area.  Ms. Faris also submitted a written copy of her comments to be placed in the petition file.

   Mr. Mike Filla, 1217 Castle Manor Court, is concerned about how the retaining wall will be built and maintained without going on his property.

   Ms. Marilyn Krekeler, 266 Jacob Lane, said that most of the houses in the neighborhood have small yards, and children play in the front yards and the street.  She feels the additional traffic generated by this development would be a problem.

Mr. John Yaakub, engineer for the petitioner, described the site, and said that they were planning to develop the site in accordance with the PSD zoning district. He said the density will match the surrounding neighborhood, with a total of four units.  He disputed claims that this would cause additional traffic congestion.  He said the petitioner has spoken with the neighbors on the surrounding property.

Mr. Dennis Seaman, the petitioner, said that he had spoken with most of the neighbors about filling the property to a level that would include their back yards, so as to avoid having to build a retaining wall.  A survey was done, and stakes placed in the yards to show the possible level of fill.  He said he would put a white vinyl fence around the perimeter of his property, and that some neighbors expressed support.  He has not gotten any formal written agreements.  Mr. Yaakub said that the petitioner proposes to negotiate TSL (temporary sloping construction) documents to accomplish the grading.

Mr. Yaakub said that he has been in contact with MSD and they have not phased out underground detention.  A lift station will be needed for the site, and maintenance will be the responsibility of the trustees.  

Acting Chairman Karr confirmed with Mr. Yaakub that the plan has not changed from the original submittal.  Mr. Karr said Planning Director Aiken had requested that the petitioner contact him with information regarding further documentation and progress.  There was no communication.  Mr. Karr reminded the petitioner that at the July meeting, the petitioner had said he would not come back before the Commission until the proposal was in order, but accepted the August date for the continuation of the hearing.  Mr. Karr said the Commission was expecting some communication or update from the petitioner in the last two months.  Mr. Yaakub said that he was told by staff that if the petitioner did not come to this meeting, he would have to start all over.  He said the petitioner is in the process of making the changes to the proposal, and wanted to give the Commission a progress report.  Mr. Yaakub said that the petitioner still hopes to amend the plan to one that will be acceptable to the community.  Mr. Yaakub and Mr. Seaman estimated that they could have signed statements by the next meeting of the Commission.  

Acting Chairman Karr declared the public hearing closed, and turned the matter over to the Commission members for their decision.  Planning Director Aiken said that from his perspective, it is not good practice to have a public hearing carried over from agenda to agenda with no decision made.   City Attorney Lucchesi said that items that sit on the Planning & Zoning agenda for too long may be considered approved.  Mayor Young said that Planning Director Aiken sent the petitioner a letter giving a deadline for submission of additional or new information, and since there was no response, it is time to make a decision on the information available.  Mr. Karr asked if the petitioner has option of withdrawing and resubmitting the petition at a later date, and City Attorney Lucchesi said that option is available at any time.  

Commissioner Hunter said that in light of the plan being unchanged and having gotten no new information, the most prudent course of action would be to vote on the petitions.  Acting Chairman Karr called for a motion.  Commissioner Hunter moved to recommend disapproval of Petition Z 05-2 to the Board of Aldermen.  Commissioner Heath seconded the motion, which received unanimous approval from the Commission members present.

Acting Chairman Karr asked if any action was required on the subdivision petition.  Planning Director Aiken said that it should be voted on in the event the Board of Aldermen overturned the Planning & Zoning Commission’s negative recommendation on the zoning petition.  Commissioner Hunter then moved to recommend disapproval of Petition SUB 05-2 to the Board of Aldermen.  Commissioner Heath seconded the motion, which received unanimous approval from the Commission members present.

SUE 06-11 – Special Use Exception Petition

Xenon Cosmetology School, 15429 Clayton Road, Ballwin MO  63011 – Ms. Kim McIntosh

Mr. Michael Burgess, co-owner of the Xenon Cosmetology School, addressed the Commission.  This is the second time he has come before the Planning & Zoning Commission requesting approval for a special use exception.  Originally, the cosmetology school was going into the former Frank’s Nursery building next to Target, but Target exercised a lease option, and the site is no longer available to Xenon.  

Acting Chairman Karr asked Mr. Burgess to summarize the details of the operation of the school for those Commission members who were not involved in the original hearing for the Special Use Exception for the Frank’s Nursery building.

Mr. Burgess handed out a brochure and gave a brief history of the school and summary of the operations.  He said that his partner in the school owns a hair products distributorship that will occupy a portion of the school.  Mr. Burgess stated that the school would have approximately 20 employees (instructors and office staff).    Through the ten-month education program, the school will graduate about 150 students per year. 

A new class will start every three months.

Alderman Suozzi asked about how many people would be in the building at one time.  Mr. Burgess said that at full capacity, there would be approximately 100 students (divided between the classroom and on the floor performing services).  Typical customer load would be 3-6 per student per day.  Ms. Suozzi asked about student parking.  Mr. Burgess said that students will be required to park in the rear parking lot.

Acting Chairman Karr opened the public hearing, and asked if there were any proponents wishing to speak in favor of Petition SUE 06-11.  There were none.  Acting Chairman Karr then asked if there were any opponents wishing to speak against the petition.  There were none, and Acting Chairman Karr closed the public hearing.

Commissioner Heath moved to recommend approval of Petition SUE 06-11 to the Board of Aldermen, with the condition that the petitioner utilizes the rear parking lot first.  Commissioner Hunter seconded the motion, which received unanimous approval from the Commission members present.

SUE 06-12 – Special Use Exception Petition

Lenette Realty & Investment Co, 15475 Manchester Road, Ballwin MO  63011 –

Mr. Joe Sprague

Mr. Steve Polk of Zavradinos & Polk, engineer for Lenette Realty, addressed the Commission on behalf of the petitioner.  He gave an overview of the project and described the site and surrounding area.  The existing building houses Hampton Auto Body, which will remain.  Verizon Wireless and Enterprise Rent-A-Car will continue to occupy their respective buildings.  The petitioner is requesting a special use exception for front yard parking to accommodate the new businesses (Aamco Transmissions and Canavan Auto Detailing) and office space that will occupy the building.  

Mr. Polk said that the petitioner proposes to remove the southern portion of the fence and any barbed wire.  All other fencing will remain.  He said that stormwater detention has not been proposed for the site, because the petitioner will be eliminating much of the asphalt and gravel parking lot and replacing it with grass.

Mr. Polk said that lighting is not proposed for the rear of the building, because these are service-based businesses, with hours of operation typically being 8:00-5:00.

Acting Chairman Karr said that customers will be dropping off and picking up cars during times when it may be dark.  He feels that some lighting will be necessary for safety reasons.  The petitioner, Mr. Sprague, said that he is willing to install lighting if the City believes it is necessary.  Mayor Young noted that the petition review report includes lighting recommendations.

Alderman Suozzi asked if the existing curb cut behind the Verizon building is being eliminated.  Mr. Polk said that it would remain.  Ms. Suozzi asked if any changes are planned for the SOS building in terms of repair.  Mr. Sprague said that it would be cleaned up, and he is open to suggestions on improving the appearance of the building.  

Acting Chairman Karr asked about the proposed office use for the building.  Mr. Polk said that the front part of the building is suitable for an office use for a new tenant.  Parking spaces were calculated with this future use in mind.

Acting Chairman Karr opened the public hearing, and asked if there were any proponents to speak in favor of Petition SUE 06-12.  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 closed the public hearing.

Commissioner Hunter moved to recommend approval of Petition SUE 06-12 to the Board of Aldermen, subject to the recommendations of the staff review report.  Commissioner Heath seconded the motion, which received unanimous approval from the Commission members present.

SUE 06-13 – Special Use Exception Petition

Canavan Auto Detailing, 15475 Manchester Road, Ballwin MO  63011 –

Mr. Brian Canavan & Mr. Ed Canavan

Mr. Steve Polk addressed the Commission on behalf of the petitioner.  Canavan Auto Detailing will occupy 3700 square feet of the eastern portion of the building.  Approximately 100 square feet is designated as office space/waiting area for customers.  Five of the thirteen required parking spaces will be inside the building.  Commissioner Hunter asked why the petitioner didn’t have the 35 required parking spaces.  Mr. Polk said that the indoor parking counted towards that requirement.  Planning Director Aiken spoke to that issue, saying the City has routinely allowed dedicated interior parking spaces to count towards the overall parking requirement.

Acting Chairman Karr opened the public hearing, and asked if there were any proponents to speak in favor of Petition SUE 06-13.  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 closed the public hearing.

Commissioner Heath moved to recommend approval of Petition SUE 06-13 to the Board of Aldermen.  Commissioner Hunter seconded the motion, which received unanimous approval from the Commission members present.

SUE 06-14 – Special Use Exception Petition

Aamco Transmissions, 15274 Manchester Road, Ballwin MO  63011 – Mr. Brett Miller

Mr. Steve Polk addressed the Commission on behalf of the petitioner.  Aamco Transmission will occupy 3862 square feet of the building.  Approximately 250 square feet is designated as office space/ waiting area for customers.  Six of the thirteen required parking spaces will be inside the building.

Acting Chairman Karr opened the public hearing, and asked if there were any proponents to speak in favor of Petition SUE 06-14.  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 closed the public hearing.

Commissioner Heath moved to recommend approval of Petition SUE 06-14 to the Board of Aldermen.  Commissioner Hunter seconded the motion, which received unanimous approval from the Commission members present.

Trails Plan

Mrs. Linda Bruer, Director of Parks and Recreation for the City of Ballwin, gave a brief background of the creation of the trails plan.  She said that when Ballwin residents were surveyed, walking trails rated very high in terms of the type of recreation amenities desired.  In 1992-93, a Parks master plan was created, which led to the development of the Pointe, park renovations, and North Pointe Aquatic Center. The last part of that plan called for the development of an interactive trail system throughout the community.  The City of Ballwin has been in dialog with neighboring cities regarding the issue.  Ellisville already has a bike trail system in place, and Chesterfield is in the process of creating one.  The City of Manchester had the need and desire for a trails system and Ballwin has partnered with them to make sure the plans connect at different points to provide recreation as well as alternate transportation routes within both communities.  This is a benefit, not only to assure cooperative facilities, but it also affords opportunities for grants and funding.

Ms. Bruer introduced James Pona of Pona & Associates to present the plan.  He said the project had three phases and has been on the City’s website for some time.  It began about twelve months ago with data collection and analysis.  The draft of the plan was completed in early summer, and the plan finalization phase begins with the review and approval from the Planning & Zoning Commissions.  The City can then apply for outside funds in order to commence development.  Mr. Pona said that this plan is intended to be a guide for the development of various components over time.

Mr. Pona gave a summary of the plan.  The five key goals that guided the plan were development of an interconnected trails system for transportation, recreation, fitness and community health; development of an interconnected on-street bikeway system as a transportation enhancement; improve pedestrian mobility; establish programs to efficiently use the bikeway and pedestrian system; and establish a legislative and organizational framework to develop and implement the plan.

Mr. Pona said that recognizing principle creek corridors as more than stormwater conveyances will help Manchester and Ballwin meet future environmental needs related to healthier neighborhoods and stormwater management requirements.  Subdivision common ground can also be an important part of the concept plan if subdivisions choose to participate.  If the trails are designed according to nationally recognized bikeway guidelines, they will meet a variety of multipurpose needs, including ADA accessibility, and become eligible for external funding.  Footpaths made of softer material would supplement the trails system in some areas.

Implementation includes making an attempt to identify pre-engineering development costs for proposed improvements.  Pona & Associates believes that both Ballwin and Manchester can develop this trails system mostly with external resources.  Ideally there should be a local resolution adopting the plan and concept, followed by grant writing and working with developers to tie future commercial and residential development activity into the system.  Another important aspect is the programming side, to encourage and educate users of the trails, to enact rules of operation, and enforce roadway laws governing bicyclists.

Acting Chairman Karr said that as co-chairmen of the Comprehensive Plan committee, he and Ms. Hunter would like the Trails Plan to be presented to that committee for its review, consideration, and ultimate inclusion in the total plan for the City.  Mayor Young said that the Planning & Zoning Commission should wait to take any action on the Trails Plan until the Comprehensive Plan Steering Committee has had a chance to see it.  Planning Director Aiken said that he had spoken with Todd Streiler of Arcturis, and that, subject to the approval of the committee, the Trails Plan is expected to become an addendum to the Comprehensive Plan for the City.  Mayor Young suggested that Mr. Aiken and Mrs. Bruer work together with Arcturis to decide when to bring the Trails Plan to the Comprehensive Plan committee.

Comprehensive Plan Steering Committee Update

Commissioner Hunter said that the September 18 meeting centered on future land use categories and the Manchester Road corridor.  The next meeting on October 16 will focus on annexation and transportation issues.  

Review of Items Sent to the Board of Aldermen

Mayor Young said that due to the cancellation of one Board meeting, and the cancellation of the September Planning & Zoning meeting, there really haven’t been any issues.  Planning Director Aiken noted that the items sent to the Board from the August meeting minutes had already been approved by the Board of Aldermen.  He said that he would prepare an overview of agenda items that have been sent to the Board of Aldermen over the course of the year.

Adjournment 

A motion was made by Commissioner Heath and seconded by Commissioner Hunter to adjourn the meeting.  The motion received unanimous approval from the members present.  The meeting was adjourned at 8:51 p.m.

Frank Karr, Acting Chairman
Planning & Zoning Commission