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Approval of Minutes
A motion was made by Alderman Terbrock and seconded by Commissioner Heath to approve the minutes of the December 5, 2005 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 Approval Petition – Kehrs Mill Place Subdivision, 413 Kehrs Mill Road, Ballwin MO 63021 – Mr. Ronnie Hopper
Mr. Rich Halsey of Hall & Halsey Associates addressed the Commission on behalf of Mr. Hopper, requesting that the public hearing for petitions Z05-7 and SUB05-6 be held over until the March 6, 2006 meeting.
Mr. Halsey briefly described the site and its current zoning, which is MXD Mixed Use Development. This zoning allows a mix of commercial and residential; however, the petitioner is requesting approval for a residential development consisting of five single-family attached homes on individual lots. The homes will be fee simple title and ownership. They will be similar in design and appearance to the surrounding condominium developments.
Chairman Boland opened the public hearing and asked if there were any proponents to speak in favor of petitions Z05-7 or SUB05-6. There were none. Chairman Boland then asked if there were any opponents to speak against the petitions.
Roy Schlumpberger, 112 N. Holloway Road, addressed the Commission on behalf of the Kehrs Mill Condo Association, stating that they are not opposed to the development, but have some concerns regarding stormwater runoff affecting existing buildings and construction traffic.
There were no other opponents.
Commissioner Heath made a motion to continue the public hearing on these petitions until March 6, 2006. Alderman Terbrock seconded the motion. A voice vote was taken and the motion received unanimous approval from the members present.
SUB 05-7 – Subdivision Approval Petition – Deer Creek Lot 108, 410 Gillham Ct., Ballwin MO 63021 – Mark & Mele Manning
Mr. & Mrs Manning addressed the Commission, requesting approval for a two-lot subdivision at the property known as 410 Gillham Ct.
Commissioner Heath asked for clarification about the existing house on the lot. Mrs. Manning stated that the house will be demolished because it has major structural problems due to settling. Because they have a special needs son who does not react well to change, they plan to first demolish the garage on the existing house. This will allow them to build the home on Lot 108B. This will minimize the amount of moving they will have to do. Chairman Boland asked where the second house will be built. Mrs. Manning said that it will be built on Lot 108A after the new house is built and the existing house is torn down. Chairman Boland asked if it would meet all setback requirements. Mr. Aiken said that the lots meet the dimensional requirements of the district and the City will not issue a building permit unless the house plans meet them as well.
Commissioner Karr said that drainage is a major concern of one of the neighbors. Mrs. Manning said they were not aware of the problem, but they would give consideration to it. Chairman Boland asked Mr. Aiken how stormwater runoff is calculated. Mr. Aiken said that the differential runoff is well below what would be considered a normal threshold for detention. He said that in a situation like this there would not normally be a detention requirement. Mayor Young said the asphalt driveway that will be removed will be almost equal to the size of the roof of the new house, so there will not be a substantial amount of change in runoff.
Commissioner Heath asked if there were any plans to change the existing grading in the back of the lot. Mayor Young said that it is such rough terrain there really isn’t anything that can be done. Alderman Terbrock noted that these lots aren’t big enough to be divided again.
Chairman Boland declared the public hearing open, and asked if there were any proponents to speak in favor of petition SUB05-7.
Mrs. Carol Lembke, 423 Gillham Ct., addressed the Commission, saying that she supports the petition because she is aware of the petitioners’ situation with their son, and with the structural problems in the existing house. She said the petitioners have taken the feelings of the neighbors into account as much as possible. Mrs. Lembke feels that the two homes to be built will increase the surrounding property values.
There were no other proponents. Chairman Boland then asked if there were any opponents to speak against the petitions. The following residents addressed the Commission:
Mr. Al Kazelis, 430 Castle Glen Ct., is not opposed to new construction, but wanted to bring the drainage problem to the attention of the Commission members. Mr. Kazelis submitted photographs documenting the way the water collects in his yard.
Mr. Russell Case, 430 Gillham Ct., said that because he was unable to get information from the Zoning Hotline about this petition, and the newspaper notice had the wrong day, he would like for the hearing to be continued. He feels that subdividing will make the lots too small and will hurt the property values in the neighborhood. He stated that the petitioner took the subdivision to courtin regards to subdividing the lot. The court found in the Mannings’ favor.
Mr. Mark Penn, 411 Gillham Ct., is opposed to the timeline for demolition and construction. He wants the houses to be constructed simultaneously.
Chairman Boland asked if anyone else wished to speak in opposition to the petition. There were none.
Chairman Boland raised the issue of a continuance of this public hearing due to the lack of information on the Zoning Hotline phone number. Mr. Aiken stated that under zoning regulations, public hearings for subdivisions are required to be advertised in the paper, but there is no requirement for site posting. The City makes every attempt to post all public hearings. In this case, the information on the zoning hotline number was inadvertently not updated. Chairman Boland asked what information was typically on the hotline. Mr. Aiken said that it is usually a brief description of the petition and read to the Commission the information that is now on the hotline.
Mayor Young said that he wanted to see the matter closed. He said that there is no cause to continue it. Commissioner Karr said that he is satisfied that the Mannings would address the drainage issue as best they can. Chairman Boland declared the public hearing closed.
Commissioner Karr asked the Mannings about their timetable for construction. Mrs. Manning said they would like to begin construction on the first house in March 2006 and finish the second house by March of 2007. She said they don’t want to drag it out because it will be disruptive for their son.
Commissioner Walters made a motion to recommend approval of petition SUB 05-7 to the Board of Aldermen. Alderman Terbrock seconded the motion. The motion received unanimous approval from the Commission members present.
Comprehensive Plan Steering Committee Update
Commissioner Karr reported that the Mayor and Aldermen each presented their visions for the future of Ballwin at the December 19 meeting of the Steering Committee. Their views, along with the reports from the City Administrator and the Assistant City Administrator at the November meeting, have provided the Committee with primary talking points when they meet with residents of the community.
Adjournment
A motion was made by Commissioner Heath and seconded by Commissioner Karr to adjourn the meeting. The motion received unanimous approval from the members present. The meeting was adjourned at 7:45 p.m.
Michael Boland, Chairman
Planning & Zoning Commission
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