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
November 7, 2005

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 Sue Heath 
Commissioner Frank Karr                      Commissioner Jeff Medler 
Commissioner Jim Keefe                      Commissioner Ron Kadane 
Commissioner Tim Reisel                     Commissioner Don Walters 
Alderman Jimmy Terbrock 
Mayor Walt Young 
Assistant City Administrator Tom Aiken 
City Engineer Gary Kramer 
City Attorney Lou Lucchesi 

Approval of Minutes

A motion was made by Commissioner Reisel and seconded by Commissioner Karr to approve the minutes of the October 3, 2005 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the members present.

SUE 05-8—Special Use Exception Petition—Avis Auto Rental, 14703 Manchester Road—Avis Rent A Car, 10482 Natural Bridge Road—Ms. Sonjia Strode 

Ms. Sonjia Strode, agency manager for Avis Rent A Car, addressed the Commission, requesting approval for a special use exception for Avis Auto Rental at 14703 Manchester Road.  

Chairman Boland said that there was a question regarding vehicle repair within the building.  Ms. Strode clarified that no repairs or oil changes would take place, but that they would like to wash their cars inside the facility.  Alderman Terbrock asked if there is proper drainage to handle a car wash.  Ms. Strode stated that there is.  Alderman Terbrock asked if any changes to the interior are planned.  Ms. Strode said that once the special use exception approval is obtained, they would move forward with a minor interior remodel.  Chairman Boland asked City Planner Aiken if a car wash inside the facility would require any changes to the SUE.  Mr. Aiken said that a reference to subsection (3) should be added to the reference to section (23) of Article XVI of the Zoning Ordinance to allow auto washing only.  This could be added to a motion for approval and would address the car washing issue.

Chairman Boland declared the public hearing opened and asked if there were any proponents to speak in favor of SUE 05-8.  There were none.  Chairman Boland then asked if there were any opponents to speak against the petition.  There were none, and the public hearing was closed.

Commissioner Karr asked if this property meets the commercial setback requirements.  City Planner Aiken said that it does.

Commissioner Reisel made a motion to recommend approval of petition SUE 05-8 to the Board of Aldermen, with the inclusion of subsection (3) of Article XVI to allow indoor car washing limited to Avis vehicles only.  Commissioner Keefe seconded the motion.  The motion received unanimous approval from the members present. 

SUB 05-5—Subdivision Approval Petition—Clayton Valley Estates, 14706 & 14714 Clayton Road—California Homes, Inc., 1215 Polo Lake Drive, Ellisville MO  63021—C. Todd Brady

Patrick Worzer of Land Design Services addressed the Commission on behalf of the petitioner, requesting approval for a 4-lot single family subdivision on a cul-de-sac off of Clayton Road.  Mr. Worzer stated that the homes would be a minimum of 3500 sq. ft. on 15,000 sq. ft. lots.  Home cost would be between the upper $600s to mid-$700s.  

Commissioner Keefe asked Mr. Worzer if the issue regarding the applicability of the subdivision indentures precluding subdividing lots had been addressed.  Mr. Worzer stated they had received copies of the indentures from the sellers’ real estate agent that day, and plans to submit them.  He said that there was a 40-year time limit on those indentures, which has since lapsed.  This allows them to subdivide within that subdivision.  Commissioner Keefe asked if there is any documentation to prove that the indentures have lapsed.  Mr. Worzer did not have any such documentation.

Alderman Terbrock said that he is concerned about the stormwater detention and erosion issues.  He asked if the petitioner has had any contact with Wildwood subdivision to try to divert the stormwater to a suitable discharge point without being detrimental to its common ground.  Mr. Worzer stated that the petitioner intends to address the issue in his design.  He said the petitioner plans to do what they can to create a low-impact solution.  Chairman Boland asked if the petitioner has done a formal calculation of the runoff.  Mr. Worzer said that they had, and found that much of the offsite drainage from Clayton Road is handled by curb and gutter, and the drainage off of their site is not a substantial amount.  He did not have this information available for the Commission.  He said that their intent is to ask for a waiver to the detention requirements.

Alderman Terbrock noted that the petition review report recommended a ten-foot setback and asked City Planner Aiken whether a 15-foot setback would be possible along the south side.  Mr. Aiken stated that there would probably be enough room, but since the lot backs to common ground, he didn’t feel it was as important there as it is when there are adjoining residences.

Alderman Terbrock stated that another concern is that no streetlights are shown on the plan.  Mr. Worzer stated that the petitioner understands and will fulfill that requirement.  

City Attorney Lucchesi stated that the biggest issue with the plan is the lack of a stub street.  Chairman Boland stated that this was noted in the petition review report.  He said that the Commission is concerned about having many curb cuts along this portion of Clayton Road going into small cul-de-sacs.  Mr. Worzer said that the stub street would impact the development by taking more land for the right-of-way, reducing the lot sizes.   It would be necessary to go to higher density zoning to maintain the four-lot density.

Commissioner Karr asked if any of the mature landscaping can be preserved.  Mr. Worzer stated that would be possible along the south side of Lots 3 and 4, but because of the narrowness, it would be difficult elsewhere on the site.

Commissioner Boland asked City Attorney Lucchesi if the issue of the subdivision indentures was something that factored into the Commission’s decision.  Mr. Lucchesi said that Ballwin does not enforce subdivision indentures, but the City does honor them.

Chairman Boland asked the Commission if they would prefer to table petition SUB 05-5 until the next meeting before opening the public hearing, or open the public hearing and hold it over to the next meeting until the petitioner provides information regarding the subdivision indentures, stormwater retention, and the stub street.

Mr. Worzer said that, in the interest of moving forward, the petitioner agrees to fully comply with the City’s stormwater requirements.  Chairman Boland said that this is too major an issue for the petitioner to be so vague.  Alderman Terbrock said that the plan that has been submitted is not complete.

Commissioner Karr stated that he is concerned about the subdivision indenture issue.  Have the indentures been updated in the last 40 years?  City Attorney Lucchesi said that the copy of the indentures Mr. Aiken obtained from a current trustee state that they are automatically extended.  Mayor Young said that may not be the current copy, but the original one filed forty years ago.  Chairman Boland asked if the City is responsible for having the most current information.  City Planner Aiken said that it is the petitioner’s responsibility to provide all salient information.

Mayor Young said that he is concerned with the lack of a stub street, and could not vote in favor of the petition as it has been submitted.  Commissioner Reisel said he is not satisfied with the petitioner’s response to the issue of the stub street.  He said that while no one can predict the future, it is the job of the Planning & Zoning Commission to plan for it, and the stub street is an ordinance requirement.

Alderman Terbrock made a motion to table petition SUB 05-5 until the deficiencies outlined in the petition review report are addressed.  Chairman Boland asked whether the public hearing should be opened and then held over, to accommodate those who had taken the time to attend the meeting.  Mayor Young said that the public hearing is based on what has been submitted to the Commission. Different information may be submitted.  Any comments made at this meeting may not be apropos to the final plan.

Commissioner Keefe seconded the motion made by Alderman Terbrock.  The motion received unanimous approval from the members present.  Chairman Boland informed the audience that the next meeting of the Planning & Zoning Commission would be held on December 5 at 7:00 p.m. in this room.

2006 Capital Budget Presentation

City of Ballwin Finance Officer Glenda Loehr presented the proposed Capital Budget for 2006.  The review of the City Capital Improvement Plan by the Planning and Zoning Commission is a requirement of state legislation.

Mrs. Loehr stated that the overall Capital Budget proposed for 2006 amounts to $4,445,523.  She said that this is approximately $800,000 less than the 2005 budget, primarily because there are no major projects in the 2005 budget, such as the Manchester Road sidewalk project, that include grant receipts.  She stated that more than a third of the budget goes to debt reduction.  The bulk of the remaining expenditures will go to street improvements.

Commissioner Karr referred to the chipper that will be purchased along with Winchester and asked if there were other pieces of equipment that could be shared with other municipalities.  Mrs. Loehr said that is done whenever possible.  Commissioner Karr suggested the possibility of selling golf carts to the public rather than trading them in.  Commissioner Keefe asked whether the fees for the golf course would be raised.  Mrs. Loehr said that she didn’t have that information, but that is an Operations Budget issue.  City Attorney Lucchesi confirmed that the questions raised by the Commission members thus far pertained to the Operations Budget, on which the Planning & Zoning Commission does not make a recommendation.

Frank Fleming addressed the Commission as a Ballwin resident, stating that he believes the capital budget does not support street improvements as the highest priority.  Commissioner Reisel asked Mrs. Loehr what percent of the budget is dedicated to street improvements.  She said that $900,000 is budgeted for street improvements.  This is approximately 20%.  Commissioner Reisel said that he feels street improvements are important, but doesn’t see where in the budget additional funding for streets would come from.

Commissioner Karr said that in the process of developing the Comprehensive Plan for Ballwin, there will be focus groups where the citizens will raise concerns about issues they feel are priorities.  He feels that to keep a positive approach to the budget, the Commission may want to give some direction as to future services and activities.

Alderman Terbrock said that it seems that services are being diminished to keep the budget intact.  Commissioner Karr said that residents need to be aware that in order to maintain the quality of services offered by the City, the citizens must support the government.

Mayor Young asked City Attorney Lucchesi for clarification on the Planning & Zoning Commission’s role in recommending the Capital Budget.  Mr. Lucchesi said that the Commission reviews the Budget as it pertains to planning and zoning and recommends approval or denial to the Board of Aldermen.

Mayor Young said that he does not agree with the budget as proposed.  He feels that there are a number of issues that need to be addressed by the Board of Aldermen.  He said that he cannot justify putting up the sculpture budgeted by the Parks department while taking services away from residents.  He also questioned the need for a new irrigation system for the golf course, as the rounds of golf sold dropped dramatically in 2005. He said that a consulting service should be hired to determine the need for a new system.  Mayor Young said that he agreed that street improvements need to be a priority, but doesn’t see that anything significant can be taken out of the budget and allocated for streets.  He said he is willing to listen to any solutions or ideas that may be offered.

Finance Officer Loehr pointed out that the money budgeted for the Parks department cannot be used anywhere else.  It comes from sales tax monies specifically earmarked for the Parks Department.  Unused funds are placed in a segregated account for Parks use only.

Alderman Terbrock made a motion to recommend denial of the 2006 Capital Budget to the Board of Aldermen.  Commissioner Keefe seconded the motion.  Commissioner Reisel asked if a revised budget would come back to the Planning & Zoning Commission for review.  Chairman Boland said only if the Board of Aldermen chooses to do so. This Commission makes a recommendation.  The final decision is made by the Board of Alderman.

Commissioner Keefe asked what impact the Planning & Zoning Commission’s recommendation has.  City Attorney Lucchesi said the Commission is looking at the budget to determine if it has been funded adequately from a planning and zoning standpoint, and if it is, then the Commission recommends approval.  Commissioner Karr said that he doesn’t feel that there are any planning and zoning issues in the budget.  Mayor Young pointed out that the Comprehensive Plan is part of the 2006 budget.

A voice vote was taken with the following results:  Aye – Young, Terbrock, Reisel, Keefe, Karr.  Nay – Boland.  The motion passed.

Holiday Conflict – January 2, 2006

Mr. Aiken said that January 2, 2006 is a holiday for the City in observance of New Year’s Day.  He said he expects at least one item for consideration on the agenda for that month, and asked if the Commission members would be willing to move the meeting to January 3.

A motion was made by Commissioner Karr and seconded by Mayor Young to move the January 2006 meeting to January 3.  A voice vote was taken with the following results:  Aye – Karr, Boland, Young, Nay – Reisel, Terbrock.  Jim Keefe abstained from voting. The motion passed.

Adjournment

A motion was made by Commissioner Reisel and seconded by Commissioner Karr to adjourn the meeting.  The motion received unanimous approval.  The meeting was adjourned at 8:05 p.m.