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

August 7, 2006

The meeting of the Planning and Zoning Commission was called to order by Acting Chairman Ron Kadane at 7:00 p.m.  Members in attendance were:

PRESENT                                                                          ABSENT 
Commissioner Pat Buehrle                          Chairman Michael Boland 
Commissioner Sue Heath 
Commissioner Anna Hunter 
Commissioner Ron Kadane 
Commissioner Frank Karr 
Commissioner Michael Wind 
Alderman Jane Suozzi 
Mayor Walt Young 
Assistant City Administrator Tom Aiken 
City Engineer Gary Kramer
 
Approval of Minutes

A motion was made by Commissioner Wind and seconded by Commissioner Karr to approve the minutes of the July 5, 2006 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the members present.

SUE 06-10 – Special Use Exception Petition

Wine Necessities, 15274 Manchester Road, Ballwin MO  63011 – Ms. Jacque James

Ms. James addressed the Commission, stating that the business would be a micro-winery, where customers would come on-site to make wine.  At the end of the six-week process, the customer will be able to take home the finished product.  Ms. James said that the special use exception will allow them to have wine-tasting on the site, so customers will be able to choose what type of wine they want to make.  She and her partner, Jennifer Seitz, will be the only employees.  The business will be open on Fridays and Saturdays, by appointment during the week, and will be closed on Sundays.

Ms. James said that the business is a destination rather than a walk-in retail operation.  Customers will make appointments to be able to come on-site to start the wine-making process.  Acting Chairman Kadane asked about the area on the submitted plan that is designated for retail.  Ms. James said that they will sell some small wine accessory items, but will sell mainly wine-making kits and supplies.

Commissioner Heath asked if the petitioner was aware of the sidewalk reimbursement requirement.  Ms. James said that she had not known about it until she read the petition review report, but that they would comply with this requirement.

Commissioner Buerhle asked if they would be selling wine.  Ms. James replied that they are in the process of obtaining a winery permit to be able to make and sell wine wholesale by the case and by the bottle.

Acting Chairman Kadane opened the public hearing and asked if there were any proponents to speak in favor of petition SUE 06-10.  There were none.  Acting Chairman Kadane then asked if there were any opponents to speak against the petitions. There were none, and Acting Chairman Kadane declared the public hearing closed.

Commissioner Heath made a motion to recommend approval of Petition SUE 06-10 to the Board of Aldermen, subject to compliance with the recommendations of the petition review report.  Commissioner Buerhle seconded the motion.  The motion received unanimous approval from the members present.

Z 06-2 (Revised) – Zoning Ordinance Change Petition, and

SUB 06-5 (Revised) – Subdivision Petition

Clayton Brook Subdivision, 15182 Clayton Road, Ballwin MO  63011 – Mr. Mike Noll

These petitions were held over from the July 5, 2006 meeting of the Planning and Zoning meeting and the public hearing is still open.  City Planner Tom Aiken noted that before the meeting began, he distributed a letter and a traffic study from the petitioner to the Commission members.  He said the traffic study was the last remaining issue that had not been provided in accordance with the minimum requirements of the ordinance.  The traffic study supported the information in the petition review report, that a seven-unit single-family subdivision would not generate a significant amount of traffic or create a traffic congestion hazard. 

Mr. Noll addressed the Commission, stating that the average lot size is now 12,001 sq. ft.  He said he met with Barbara Bartelsmeyer, a trustee of the adjoining subdivision, and offered to buy 3500 sq. ft. of the adjoining common ground in order to get the average lot size in the proposed development upt to 12,500 sq. ft.  He also offered to create indentures that would obligate the new homeowners to be responsible for the maintenance of the common ground.  Ms. Bartelsmeyer met with the trustees and told Mr. Noll that their subdivision indentures require a 100% vote to do anything with the common ground.

Mr. Noll told the Commission members that he feels he has done all he can to address the City’s concerns and please the adjoining neighbors.  Commissioner Heath asked Mr. Noll if he has received any feedback from the neighboring homeowners regarding this development.  Mr. Noll said that he has not had any negative comments.  Commissioner Hunter said that initially there was an issue with runoff, but that it had been resolved.  She asked for a clarification of why the petitioner was asking for PSD zoning rather than R-3.  Mr. Noll said that he didn’t feel that R-3 fit in with the surrounding neighborhood.   Mr. Aiken said the PSD doesn’t have a minimum lot size.  He said the purpose of the PSD is to allow flexibility to develop sites with unusual characteristics that make it difficult to develop under a conventional zoning district. 

Commissioner Keefe asked what the price of the homes will be.  Mr. Noll said the homes would start at approximately $780,000 up to about $1,000,000.  They are 4,000 sq. ft., three-car garage homes in a non-functional gated community.  Commissioner Keefe asked about the market value of the surrounding homes.  Mr. Noll said they were in the $300,000- $400,000 range.

Commissioner Keefe asked if the stormwater drainage issue had been resolved.  Mr. Noll deferred to his engineer, who stated that MSD has accepted their proposed system.

Acting Chairman Kadane asked if there were any proponents to speak in favor of Z06-2 and SUB06-5.

            Mr. Patrick Apel, 419 Norman Gate Drive, is a trustee of Park Huntington subdivision.  The lot size is not an issue with them, but they would like to see some common ground.  They would like to have berms and fencing around the perimeter of the site. 

Acting Chairman Kadane said that the Planning & Zoning Commission does not have the authority to require fencing in this type of petition.

Commissioner Keefe said that the homebuyers in the proposed development will assume that the surrounding common ground belongs to them.  Mayor Young suggested that the developer stake the property and make the buyers aware of this.

Mr. Apel asked that Mr. Noll work with the Park Huntington trustees on some sort of separation between the proposed development and the existing common ground.  Mr. Noll said that he is more than willing to work with the Park Huntington trustees to delineate the boundaries in a passive manner, but he would prefer not to put up a fence.  

Mayor Young made a motion to recommend approval of Petition Z 06-2 to the Board of Aldermen, subject to the recommendations of the petition review report (2nd revision).  Commissioner Heath seconded the motion.  The motion received unanimous approval from the Commission members present.

Mayor Young made a motion to recommend approval of Petition SUB 06-5 to the Board of Aldermen, subject to the recommendations of the petition review report (1st revision).  Commissioner Heath seconded the motion.  The motion received unanimous approval from the Commission members present.

September Meeting/Holiday Conflict

In order to facilitate the discussion of the Petitions relative to 212 Jacob Lane, Mr. Aiken suggested the Commission make a decision regarding the September meeting date.  After some discussion, Acting Chairman Kadane made a motion to cancel the September meeting of the Planning & Zoning Commission, due to lack of agenda items and the holiday conflict.  Commissioner Wind seconded the motion, which received unanimous approval from the Commission members present.  The next meeting of the Planning & Zoning Commission will be held on October 2, 2006

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

Commissioner Heath made a motion to hold over the public hearings for Petitions Z05-2 and SUB 05-2 until the October 2, 2006 meeting of the Planning & Zoning Commission.  Commissioner Buerhle seconded the motion, which received unanimous approval from the Commission members present.  The Commission instructed Planning Director Aiken to send a letter to the petitioner informing him that the Commission would consider his petitions at the October 2, 2006 meeting, based upon whatever information has been submitted but that it did not want to again continue the public hearing.

Comprehensive Plan Steering Committee Update

Commissioner Karr stated that the next meeting will be held on August 21 at 7:00 p.m. at the Golf Course Clubhouse.  He said that approximately 60+ people attended the presentation by Bob Gibbs at the July meeting, including representatives from the adjoining communities and the West County Chamber of Commerce. 

At the August meeting, the committee will formally review the goals and objectives.  The plan is to submit the first draft of the comprehensive plan to the Planning & Zoning Commission for review by November or December.  All board and commission members are encouraged to attend the committee meetings as the comprehensive planning process comes to a close.

Adjournment

A motion was made by Mayor Young and seconded by Commissioner Wind to adjourn the meeting.  The motion received unanimous approval from the members present.  The meeting was adjourned at 7:57 p.m.

Ron Kadane, Acting Chairman