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

July 5, 2006

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

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

Commissioner Sue Heath was sworn in for a new term as a member of the Planning & Zoning Commission by Assistant City Administrator Tom Aiken.  Mr. Pat Buehrle, 353 David Harrison Lane (Ward 1), was sworn in by Assistant City Administrator Thomas Aiken.  Mr. Buehrle replaces Mr. Don Walters, whose tenure on the Commission expired.            

Approval of Minutes

A motion was made by Commissioner Wind and seconded by Commissioner Heath to approve the minutes of the June 5, 2006 meeting of the Planning & Zoning Commission as submitted.  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 June 5, 2006 meeting of the Planning and Zoning meeting and the public hearing is still open.  Mr. Noll presented the revised plan for Clayton Brook subdivision.  He said that the density was reduced to seven lots, and the lot sizes were correspondingly increased.  Significant landscaping and buffers were added.  

Mayor Young asked the petitioner if he would be able to meet the MSD requirements.  Mr. Noll said that they would be able to do so.  Commissioner Heath asked for clarification on tree preservation.  Mr. Doug DeLong of Loomis Associates Landscape Architects said the grading would be held back to the edge of the drip line, so the trees that are shown to be preserved should not be affected.

Acting Chairman Karr asked about the useable open space required under the PSD zoning district.  Mr. Noll acknowledged that his plan does not meet code requirements.  Commissioner Wind asked if the Commission would be able to approve the petition if it doesn’t meet the code.  City Attorney Lucchesi and Mr Aiken both stated that the petition cannot be approved if it is in violation of the code.  Commissioner Heath asked if the petitioner was adamant about obtaining the PSD zoning rather than R-2.  Mr. Noll said that he preferred the PSD zoning because the lots now match 13 of the 17 surrounding lots and he is comfortable with the size.  He said he can’t give up another lot.

Mayor Young made a motion to table Petitions Z 06-2 and SUB 06-5 until the August 2006 meeting of the Planning & Zoning Commission, and keep the public hearing open to allow the petitioner to addres the deficiencies in the submitted plan.  Commissioner Wind seconded the motion.  The motion received unanimous approval from the Commission 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

Mr. John Yaakub of CRM Engineering addressed the Commission on behalf of the petitioner, requesting approval for a change in zoning and a seven-unit subdivision at 212 Jacob Lane.  He described the site and the development proposal.  He said the unit price would be in the $400,000-$600,000 range.

Acting Chairman Karr asked Mr. Yaakub if he had read the petition review report.  He said he had, and felt that he had addressed everything.  He said he had spoken to an MSD spokesman regarding underground detention, which is still accepted.  Commissioner Heath asked if the density would be the same if the parcel were developed under R-3 zoning.  Mr. Yaakub said that it would.  Commissioner Heath asked about the topography of the site and the retaining walls.  Mr. Yaakub said the retainings walls will range in height from 3- 18 feet.

Commissioner Hunter asked if the petitioner had spoken with any of the surrounding homeowners.  Mr. Yaakub deferred to petitioner Dennis Seaman, who said that he had spoken with several neighbors almost a year ago.  He said that they had discussed filling in the site, thereby flattening the rear yards of the surrounding homeowners.  Commissioner Hunter asked why that was not included in this plan.  Mr. Yaakub said that the development approval was needed before committing to filling in the area.

Acting Chairman Karr asked about the current market value of the surrounding homes.  Mr. Seaman said $250,000-$300,000.  Mr. Karr asked if the design of the proposed homes would be architecturally compatible with the surrounding homes.

Mayor Young asked if the petitioner had anything in writing from MSD about the current detention, and whether they had spoken with the Corps of Engineers or the Department of Natural Resources.  Mr. Yaakub said that MSD’s criteria still allows for underground detention, and that they had a site visit with a Corps of Engineers representative for an evaluation of the creek. The Corps representative determined that the creek is non-jurisdictional.    He had not spoken with the DNR.  It will require land disturbance and water discharge permits along with the plans.  

Mayor Young said that the residents on and near Gateford Lane will be negatively impacted by this proposal, both by the 20’-30’retaining walls and water runoff.  Mr. Yaakub disagreed, saying that no retaining wall would be that high, and runoff would be directed to underground detention.

Commissioner Wind said that the petition review report states that the useable open space does not meet the minimum dimensional requirements.  Mr. Yaakub said that there is 22.6% of the site dedicated to open space, and there is plenty of room to adjust it.  Mr. Aiken said that the petitioner did not identify any area that meets the useable open space requirement of the ordinance, or the maximum slope requirements of such a space.  

Commissioner Hunter suggested that the petitioner meet with the neighboring homeowners to try to come up with a site development plan that is agreeable to all involved.             

Alderman Suozzi said that the streets are shown as concrete, which is not allowed in Ballwin.  The streets will have to be asphalt with concrete curb and gutters.  She also said that she feels the proposed development does not fit in with the character and context of the surrounding neighborhoods.           

Acting Chairman Karr said that the petitioner has a vision that is not being communicated to the neighbors.  He said that right now the proposed development is isolated both physically and in character.  He agreed with Commissioner Hunter that the petitioner needs to attempt to come to an agreement with the neighboring homeowners.  Mr. Seaman said that he is looking to the Commission to guide him as to what needs to be done to comply with Ballwin’s ordinances.  Only then can he decide what he can do that will be agreeable to the surrounding neighbors. 

Acting Chairman Karr opened the public hearing and asked if there were any proponents to speak in favor of petitions Z 05-2 and SUB 05-2.  

            Mr. William Brauer, 962 Oakwood Farms Lane, invited the Commission members to come into his yard and look at the site.  He is not opposed to the proposal and feels that this is an opportunity to make improvements to the site.  He said that the petitioner’s rights should be respected.

There were no other proponents, and Acting Chairman Karr asked if there were any opponents to speak against the petitions.  The following residents addressed the Commission:

            Mr. Scott Ritter, 238 Jacob Lane, said he would be facing a high retaining wall too close to his property line.  He feels this rezoning is spot zoning.  He feels the streets will be damaged by trucks hauling fill, and trees will be damaged and lost to the retaining wall.

            Mr. Dave Muntean, 226 Jacob Lane, voiced his concerns about the retaining walls being a safety issue for children, and wants fences along the top of the walls.  He also has concerns about stormwater runoff, but he is in favor of some sort of development on the site.  He doesn’t like having a vacant house in the middle of the subdivision.

            Mr. Mike Filla, 1217 Castle Manor Court, distributed handouts showing the current view of his back yard.  He is concerned about drainage.  He feels the retaining walls cannot be built and maintained without coming onto his property.  

            Ms. Cindy Faris, 1216 Castle Manor Court, distributed photos of her back yard.  The proposed development is not adjacent to her property, but water runoff from adjacent properties flows through her property at the low point on the subject property.  She feels that the development does not fit in with the neighborhood.

            Ms. Lisa Adamovsky, 215 Oakwood Farms Court, voiced her concern about structure failure on the fill.  

            Mr. Dean Whitworth, 209 Oakwood Farms Court, also is opposed to the retaining walls.  He wants the mature trees preserved.  Feels that duplexes do not belong with single family homes.

            Mr. Jeff Costa, 1052 Oakwood Farms Court, said this is not redevelopment.  He said something should be done, but it should be a single-family home.

            Mr. Andy Blaesing, 211 Oakbriar Farms Drive, subdivision trustee, said if he had known earlier about the development proposal, it could have been discussed at a subdivision meeting.  He read a statement from a realtor claiming that the homes backing up to attached homes will be worth 3%-10% less that the rest of the subdivision.

            Ms. Clarissa Valdivia, owner of 230 Jacob Lane (rental property), said that some development is okay, but it should remain single-family.  She said that if this rezoning goes through, it sets a precedent for similar developments in the future.  She also has a problem with the retaining walls. 

            Mr. Joe Weise, 255 Jacob Lane, subdivision trustee, is opposed to the retaining walls.

            Ms. Jane Hobbs, 217 Brookmont Farm Court, is concerned about the value of the proposed structures.  She said it is way out of keeping with the neighborhood, as are the duplexes.

There were no other opponents.

A motion was made by Alderman Suozzi and seconded by Mayor Young to table Petitions Z 05-2 and SUB 05-5 until the August 2006 meeting of the Planning & Zoning Commission to give the petitioner an opportunity to address the issues raised and submit an amended site plan, and keep the public hearing open.  The motion received unanimous approval from the Commission members present.

SUB 05-3 – Subdivision Petition (Consolidation) and

SUE 05-9 – Special Use Exception Petition (Parking Lot)

Lafayette Church of Christ, 115 New Ballwin Road, Ballwin MO 63021 – Mr. Scott Walker

Mr. Terry Smith, Lafayette Church of Christ Building Committee, presented the proposal to the Commission.  He said that Ellisville has given preliminary approval, contingent on moving the New Ballwin Road curb cut opposite Barton Lane, which the church has agreed to do.  He said they hope to break ground on the new church in October 2006.  The expected construction time is ten months.

Acting Chairman Karr asked about the lighting for the parking lot.  Mr. Smith said they are in the process of addressing the lighting concerns.  They plan to have timers that will turn the lights off no later than 10:00 p.m.

Commissioner Keefe asked about parking during construction.  Mr. Smith said that Selvidge Middle School has agreed to allow overflow parking on its lot.  They will be able to keep some on-site parking and can go to two services on Sunday to alleviate any parking problems.  On-street parking is allowed on the side streets.  Mr. Smith said that a meeting will be held with the neighbors to address any concerns they might have.

Commissioner Wind noted that the proposed landscaping will not prevent headlights from shining into the neighbors’ front yards on the south side of the parking lot, and asked if the landscaping could be increased.  Mr. Smith said that currently there is no landscaping buffer at all, and typically there is no nighttime traffic past 8:30.  He said that more landscaping could be planted there, but it isn’t included in the plans due to budget constraints.  He said they have not had any complaints about headlights.

Commissioner Heath asked about the proposed signage.  Mr. Smith said that they have a preschool that is run separately from the church and it needs a separate sign.  He understood the church is allowed one sign per street.  City Planner Aiken said that the code allows one sign every 500 feet.  Mr. Smith said they currently have two signs and would like to keep what they have.

Acting Chairman Karr opened the public hearing and asked if there were any proponents to speak in favor of petitions SUB 05-3 and SUE 05-9.  There were none. Acting Chairman Karr then asked if there were any opponents to speak against the petitions. There were no opponents, and Acting Chairman Karr declared the public hearing closed.

Commissioner Heath made a motion to recommend approval of Petition SUB 05-3 to the Board of Aldermen, subject to the petitioner meeting all recommendations of the petition review report dated 6/23/06.  Commissioner Keefe seconded the motion.  The motion received unanimous approval from the members present.

Commissioner Heath made a motion to recommend approval of Petition SUE 05-9 to the Board of Aldermen, subject to the petitioner meeting all recommendations of the petition review report dated 6/23/06.  Commissioner Wind seconded the motion.  The motion received unanimous approval from the members present.

SUE 06-8 – Special Use Exception Petition

Dancing Thru Life Studio, 109 Ballpark Drive, Ballwin MO  63011 – Mr. Glen Dehart

Mr. Rhein Dabler presented the proposal to the Commission.  The site plan provides for a mixed use:  a dance studio, office space on the lower level, and an apartment on the upper floor.

Commissioner Keefe asked about the hours of operation.  Mr. Dabler said that the office hours would be the typical 9:00-5:00.  The dance studio would hold daytime classes, with an evening class that would end by 8:00 p.m.  The only site illumination would be exterior door lights.  There are no plans for parking lot lighting.  Maximum enrollment for a dance class would be ten students with an average of seven.

Commissioner Heath asked why a cross-access easement and would be necessary at this location.  City Planner Aiken said that it is a requirement of the C-1 commercial district.  Mr. Dabler said that the petitioner is willing to grant the cross-access easement.

Commissioner Keefe asked City Planner Aiken if all the stormwater issues have been addressed.  Mr. Aiken said the differential runoff is minimal, and he feels a waiver of detention is not an unreasonable request as long as runoff is captured in an appropriate manner and directed away from adjoining properties and rights-of-way.

Commissioner Hunter asked about the type of fence the petitioner plans to put up.  Mr. Dabler said the requirement is a sight proof fence, and the petitioner is planning to erect a 6’ board on board residential type fence.

Acting Chairman Karr opened the public hearing and asked if there were any proponents to speak in favor of petition SUE 06-8.  There were none.  Acting Chairman Karr then asked if there were any opponents to speak against the petitions. There were none, and Acting Chairman Karr declared the public hearing closed.

Commissioner Heath made a motion to recommend approval of Petition SUE 06-8 to the Board of Aldermen, subject to compliance with the petition review report.  Commissioner Hunter seconded the motion.  The motion received unanimous approval from the members present.

Comprehensive Plan Steering Committee Update

Commissioner Hunter said that Mr. Bob Gibbs will make a presentation on the economic future of the Manchester Road corridor at the July 17 meeting.  The members of the Board of Aldermen, the Planning & Zoning Commission and the Board of Adjustment are requested to attend this meeting.  The next meeting will be held on August 21.  All board and commission members are encouraged to attend, as the comprehensive planning process is coming to a close.

Administrative Issues

The Commission members discussed church related petitions.

Adjournment 

A motion was made by Commissioner Wind and seconded by Alderman Suozzi to adjourn the meeting.  The motion received unanimous approval from the members present.  The meeting was adjourned at 10:07 p.m.

Frank Karr, Acting Chairman
Planning & Zoning