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

March 6, 2006

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

PRESENT                                                           ABSENT 
Chairman Michael Boland                 Commissioner Anna Hunter 
Commissioner Sue Heath                Commissioner Don Walters 
Commissioner Ron Kadane 
Commissioner Frank Karr 
Commissioner Jim Keefe 
Commissioner Jeff Medler   
Commissioner Michael Wind 
Alderman Jimmy Terbrock 
Mayor Walt Young 
Assistant City Administrator Tom Aiken 
City Engineer Gary Kramer 
City Attorney Lou Lucchesi
 
Swearing In of New Commission Member

Mr. Michael Wind, 626 Castle Meadows Ct. (Ward 4), was sworn in by Assistant City Administrator Thomas Aiken.  Mr. Wind replaces Mr. Ed Montgomery, who resigned from the Commission.

Approval of Minutes

A motion was made by Commissioner Heath and seconded by Commissioner Karr to approve the minutes of the February 6, 2006 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the members present.

Z 05-7 – Zoning Ordinance Change Petition – Kehrs Mill Place Subdivision, 413 Kehrs Mill Road, Ballwin MO  63021 – Mr. Ronnie Hopper

SUB 05-6 – Subdivision Petition – Kehrs Mill Place Subdivision, 413 Kehrs Mill Road, Ballwin MO  63021 – Mr. Ronnie Hopper

Mr. Richard Halsey of Hall & Halsey Associates addressed the Commission on behalf of the petitioner, Ronnie Hopper, requesting approval for the Kehrs Mill Place site development plan at 413 Kehrs Mill Road.   Mr. Halsey described the site, the proposed development, and the surrounding neighborhoods. 

He said that their proposed development will be compatible with the surrounding developments.  Mr. Halsey said the site is approximately .64 acres and the petitioner is proposing to build five single-family attached villa homes within the existing MXD zoning district.  He said the units would be in one building, but would be on individual lots, which range in size from 4,000-5100 square feet.   Exterior maintenance will be performed by the homeowners association, but the lots will be individually owned.  There will be approximately 5700 square feet of common ground fronting on Kehrs Mill Road.  The building will be set back 60 feet from Kehrs Mill Road and will align with the existing buildings on both sides.

The base models of the homes will be ranch units, with an optional story and a half model and finished basements available.  They will be of brick and frame construction with an architectural style consistent with the other buildings in the neighborhood.

Underground pipes are proposed for stormwater detention toward the rear of the property, pursuant to approval by the City of Ballwin and MSD.

Commissioner Kadane asked if the petitioner agreed with all the points identified in the petition review report.  Mr. Halsey said that the only thing they have a concern with and would like to be able to work with the city on is the routing of the storm sewer.  The petition review report recommended boring to place the pipes, and the petitioner feels that the bore pit would be more disruptive than excavation and replacement of driveway slabs. 

Chairman Boland reopened the public hearing that had been continued from January 3, 2006, and asked if there were any proponents to speak in favor of petitions Z 05-7 and SUB 05-6.  There were none.  Chairman Boland then asked if there were any opponents to speak against the petitions. 

            Donna Corno, 223 Kehrs Mill Trail, addressed the Commission, stating her concerns regarding stormwater drainage, and whether the existing detention basin is large enough to accommodate the runoff.  She would like the new development’s homeowner’s association to be financially responsible for costs that may be incurred as a result of the development.

Commissioner Heath said that her notes from the January 2006 meeting indicate that there is presently a drainage problem.  Ms. Corno said that there is, and that the detention basin is filling to capacity with the current conditions.

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

Commissioner Kadane asked about the drainage issues in the existing Kehrs Mill Crossing detention facility.  City Planner Tom Aiken said that the site will be graded such that virtually all runoff will be collected and directed to the detention basin.  He said that he was unaware of any problems with the capacity of the current detention basin.  A single overflow even could be the result of debris blocking the structure’s outfall opening.

Commissioner Keefe and Chairman Boland asked if there is sufficient room on the site to expand the detention if necessary.  Mr. Halsey said that there probably is room to do more in their proposed new detention basin, if it is required by the City of Ballwin and MSD.

Commissioner Keefe asked about making the residents of the new development responsible for issues that may develop relative to drainage.  Mr. Halsey said that the new subdivision will have a homeowner’s association with restrictive covenants.  They will be responsible for the care and maintenance of their property.  Chairman Boland confirmed with City Attorney Lucchesi that once the trusteeship is turned over to the residents, any issues would become a civil matter that would not be enforced by the City of Ballwin.

Commissioner Karr asked who will be responsible for the quality of backfill if the developer lays the drainage pipes in the right-of-way and has to replace the driveways.  City Engineer Kramer said that an escrow is held until MSD approval is obtained, and the developer is responsible until the project is complete and ownership is turned over to the trustees.  City Planner Aiken said that excavations in the right-of-way have be filled with granular material, which compacts much better than the soil that was removed, so subsequent settling is less likely.

Mayor Young asked if MSD would be looking at the existing detention basin, and if so, would it require this developer to make the changes necessary if it is determined to be too small.  City Engineer Kramer said that if the amount of post-development runoff from the site is not more than what presently exists, conditions would remain as they are today.  Mayor Young asked if the petitioner will pay the sidewalk fund for future construction of sidewalks.  Mr. Halsey said the petitioner is willing to do so.  Mayor Young confirmed that the petitioner will also pay the recreation fee, and comply with the 15’ no-grade zone on the southeast edge of the site.  Mr. Halsey said they may have to do some grading in the 15’ no-grade zone in order to prevent water from leaving the site, but they will not disrupt vegetation that is not on the property. 

Mayor Young also confirmed that the petitioner will include in the indentures a restriction prohibiting fences so as to be consistent in character with the surrounding subdivisions.

Alderman Terbrock asked the petitioner to replace trees that are being removed.  Mr. Halsey said they are only removing brush (no trees), and they will provide additional landscaping and planting. 

Commissioner Kadane made a motion to recommend approval of Petition SUB 05-6 to the Board of Aldermen, with the stipulation that the petitioner explore the option of boring as an alternative to trenching for the off-site stormwater pipes, subject to staff approval.  Commissioner Medler seconded the motion.  A voice vote was taken and the motion received unanimous approval from the members present.

Alderman Terbrock made a motion to recommend approval of Petition Z 05-7 to the Board of Aldermen.  Commissioner Medler seconded the motion.  A voice vote was taken and the motion received unanimous approval from the members present.

SUB 06-2 – Subdivision Petition – Walgreen’s at Central Plaza, 15253 & 15287 Manchester Road – Pace-Central Associates LLC, 1401 Brentwood Blvd #100, Brentwood MO  63144 – Mr. Mark Sedgwick

SUE 06-3 – Special Use Exception Petition – Walgreen’s at Central Plaza, 15253 & 15287 Manchester Road – Pace-Central Associates LLC, 1401 Brentwood Blvd #100, Brentwood MO  63144 – Mr. Mark Sedgwick

Mr. Mark Sedgwick of Pace Properties addressed the Commission, requesting approval to combine the existing lot at 15253 Manchester Road and a portion of the Central Plaza site and open a free-standing Walgreen store with a drive-through pharmacy window.  The plan is to demolish the former Hi Fi Fo Fum building on the eastern portion of the site, as well as the eastern wing of Central Plaza on the western portion of the site.  Mr. Sedgwick said that Walgreen’s expects a 30% volume increase with the new store over the present location. 

Mr. Sedgwick said that one of the curb cuts for the Hi Fi Fo Fum property would be closed, with the easternmost curb cut changed to one that allows only right turns in and out of the property.  The petitioner will also extend the median per MoDot’s requirements to prohibit left turns into the property. 

Mr. Sedgwick addressed several issued raised in the petition review reports.  First, not all of the frontage on Manchester Road meets the requirement for 10’ of green space.  Due to the deeding of a small strip of ground to the City for sidewalk installation, there is a portion that is only 8 feet wide.  Second, the proposed right-in/right-out curb cut too close to the signalized curb cut and is not allowed by the Ballwin zoning ordinance.  Mr. Sedgwick said this curb cut is essential to relieve the congestion at the signalized curb cut, which is a main entry point of the plaza.  Finally, there is a portion of the property that is not in compliance with 25’ rear yard setback.  This could be rectified by moving the building further back on the site, but doing so would restrict the area of TJMaxx’s loading dock.

Commissioner Medler asked if the petitioner agreed with the other recommendations in the petition review report.  Mr. Sedgwick said they will comply with the cross-access easement.  City Planner Aiken said that the City has not received information on the hours of operation.  Mr. Sedgwick said that Walgreen’s will want the option of having the drive-through open 24 hours.  Mr. Aiken said that will require a review of the rear yard screening, as well as queuing needs for the drive-through. 

Commissioner Boland asked if the issue of the rear yard setback is something that can be addressed by the Planning & Zoning Commission.  Mr. Aiken said that the Commission is probably compelled to reject this petition, based on its non-compliance with the zoning ordinance requirements.  The petitioner would then have to go before the Board of Adjustment for a variance.  If the Board of Adjustment approves the variance, the petition will come back to the Commission for reconsideration.  Mr. Sedgwick said he is aware of this situation. 

Chairman Boland declared the public hearing open, and asked if there were any proponents to speak in favor of petition SUB 06-2 or petition SUE 06-3.  There were none.

Chairman Boland then asked if there were any opponents to speak against the petitions. 

            Linda Buermann, 107 Applegate Lane, addressed the Commission, stating her concerns about flooding and lighting issues, as well as the need for additional screening due to increased activity, especially with a 24-hour drive-through.

There were no other opponents who wished to speak, and Chairman Boland declared the public hearing closed.

Commissioner Kadane expressed concerns that the site development plan does not contain an engineer or surveyor certificate, and the current owner is not listed.  He also raised concerns regarding the proposed fill and retaining wall.  He is in favor of the second entrance.

There was discussion regarding the height of the retaining wall.  Chairman Boland asked about preventive measures that would need to be taken to ensure that the residential area on the other side would not be subject to flooding.  Commissioner Kadane said that a stream study would have to be done.  Chairman Boland asked the petitioner what measures would be taken to ensure that the lighting would shine down onto the parking lot and not into the neighboring houses.  The petitioner said that the light fixture would be “shoebox” style, which directs light straight down.  A six-foot sight-proof fence will prevent headlights from shining into the houses. 

Commissioner Keefe asked if the building size of 14,400 sq. ft. is mandated by Walgreen’s.  Mr. Sedgwick said that it is.

Commissioner Kadane made a motion to recommend rejection of petition SUE 06-3 to the Board of Aldermen, due to the violations of the zoning ordinance. Commissioner Heath seconded the motion.  The motion received unanimous approval from the Commission members present. 

It was decided to hold over petition SUB 06-2 until further notice.

Comprehensive Plan Steering Committee Update

Commissioner Karr reported that the next stage of the Comprehensive Plan process is to reach out to the community to collect more public input.   There are ten focus groups of approximately 15 people each scheduled through the end of March.  Commission members are encouraged to attend one of these sessions.

Adjournment

A motion was made by Commissioner Medler and seconded by Alderman Terbrock to adjourn the meeting.  The motion received unanimous approval from the members present.  The meeting was adjourned at 8:50 p.m.

            Michael Boland, Chairman
            Planning & Zoning Commission