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
September 6, 2005

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

PRESENT                                                                    ABSENT 
Commissioner Sue Heath                              Chairman Michael Boland 
Commissioner Frank Karr                                Commissioner Ed Montgomery 
Commissioner Jeff Medler 
Commissioner Ron Kadane 
Commissioner Jim Keefe 
Commissioner Tim Reisel (Acting Chairman) 
Commissioner Don Walters 
Alderman Jimmy Terbrock 
Mayor Walt Young 
Assistant City Administrator Tom Aiken 
City Engineer Gary Kramer 
City Attorney Lou Lucchesi 

Swearing In of Members

Commissioner Ron Kadane was sworn in for his new term as a member of the Planning & Zoning Commission by Assistant City Administrator/City Planner Tom Aiken. 

Approval of Minutes

A motion was made by Commissioner Kadane and seconded by Commissioner Heath to approve the minutes of the August 1, 2005 meeting of the Planning & Zoning Commission.  The motion received unanimous approval from the members present.

Swearing In of Members

Commissioner Jim Keefe was sworn in as a new member of the Planning & Zoning Commission by Assistant City Administrator/City Planner Tom Aiken.  Commissioner Keefe replaces Phyllis Erwin as a representative of Ward 3.

Z05-1(b) – Zoning Ordinance Change Petition – 310 Hill Trail – Metropolitan Design & Building, 7174 Manchester Road – Jay C. Simon

Mr. Jay Simon, President of Metropolitan Design & Building Company, addressed the Commission, requesting approval for a change in zoning for 310 Hill Trail, the site of the Hill Trail Bath and Tennis Club, from PA Public Activity to PSD (Planned Single-Family Development).  He presented a revised site development plan to the Commission, and gave a summary of changes to the original plan that was presented at the August 1, 2005 Planning & Zoning meeting, which requested a zoning change to the R-4 Planned Multiple Residential zoning district.

Mr. Simon stated that the major objections to the original plan were the proposed private road and the density of the development.  The plan now provides for a legally compliant public roadway with a 50-foot right-of-way for the length of the entire subdivision, and while there are still 14 residential units, they are now duplexes rather than triplexes.  The landscaping plan is more elaborate, and the developer still plans to utilize underground detention in the southeast corner of the development.  The cul-de-sac was moved farther into the development away from the property line.

Mr. Simon stated that a neighborhood meeting was held on August 25, 2005, to which all the residents of the Wildwood and Wildwood Addition subdivisions were invited.  He said that the new plan was presented to the residents, and that 104 of the 106 households represented in Wildwood Addition were in favor of the development; 18 of the 25 household represented in Wildwood Subdivision were in favor of the development.

Mr. Simon addressed the issues raised in the Petition Review Report prepared by staff.  He stated that a new landscape plan was provided, as well as a traffic study showing that 14 cars would be added to the roadway (both morning and afternoon).  Mr. Simon directed the Commission’s attention to the statement of objectives that was submitted with the landscaping plan, and emphasized the developer’s desire to provide a quality development while preserving the fabric of the neighborhood.  The developer also plans to make improvements in the common ground in the Wildwood Addition to the satisfaction of the surrounding residents.

Mr. Simon spoke to specific points in the Petition Review Report, stating that the zoning change was appropriate because of a change in the economic climate, and that the density was appropriate for Ballwin’s comprehensive plan.  He stated that this development deserved special consideration because, unlike similar developments in the area, it is situated within an existing subdivision.  Mr. Simon questioned the reservations of the Petition Review Report concerning the density of the proposed development, stating that this conclusion is subjective rather than objective.  He compared the density to that of comparable new subdivisions in the area. 

Mr. Simon stated that his proposed development is in keeping with the context of the neighborhood, in that it is a single-family development.  Metropolitan Design & Building’s proposal also proposes to keep and renovate the Hill Trail Bath & Tennis Clubhouse, maintaining the streetscape.   Mr. Simon referred to the petition signed by the residents of the surrounding neighborhoods, showing that they are in favor of the plan with its proposed density.

Commissioner Kadane asked Mr. Simon if he had looked at a development plan with 12 units.  Mr. Simon said that he had not, because a 12-unit plan would not provide the same high quality for the development and they would probably not be able to save the Manor House (clubhouse).

Commissioner Keefe asked whether the site currently has a drainage problem.  Mr. Simon said that there was uncontrolled drainage into the common ground, which would be resolved with the proposed underground retention plan.  Commissioner Keefe asked if MSD had any input into the plan.  Mr. Simon replied that at this point they had not; however, the plan was engineered according to MSD standards, and would require MSD approval before going to a final plan.

Commissioner Medler asked about the plan for selling the units.  Mr. Simon stated that the first part of the plan was to renovate the Manor House while obtaining final approval for the development.  When they receive final approval, the plan is to build at least half of the residential units prior to selling them.  Once the developer has four pre-sells, they will build the rest of the units.

Commissioner Heath asked if the units that back up to the common ground have been moved away from the property line, so that the owners will not have to get a variance to build decks.  Mr. Simon said that the revised landscape plan showed a combination of patios and decks, which will be built at the time of the unit’s construction.

Commissioner Kadane questioned the grade at the eastern edge of the development which slopes down to the proposed residence there.  Mr. Simon said that the grade will be built up into a swale to redirect the runoff.

Commissioner Walters asked who currently owns the property and whether they stand to profit financially from the development deal.  Mr. Simon stated that he did not have those names, but many more signed the petition in favor of the development than only those who stood to gain from it.

Mayor Young stated that the Commission asked Mr. Simon to revise his plan, and that he complied, making the street public rather than private, moving the cul-de-sac, and stormwater retention.  He said that the Commission should bear in mind that the Strategic Community Plan recommendation for this parcel is no longer applicable because of the changing economies of private recreational uses.  This change in the neighborhood had not been anticipated when the Plan was approved in 1997. 

Commissioner Kadane asked about the internal buffers between units.  Mr. Simon stated that the plan was revised to include 20 feet between buildings rather than 18 feet.

Alderman Terbrock asked what improvements were planned for the common ground.  Mr. Simon said that he planned to meet with the subdivision trustees to determine what changes would be in the best interest of the neighborhood.

Commissioner Karr asked about the management of the subdivision after it has been built.  Mr. Simon stated that it is a condominium community, and the typical bylaws he works with state that once the development is half sold, one of the trusteeships is divested into one of the new owners.  At the point where two-thirds is sold, another owner is made a trustee, and after the final sale the subdivision would be turned over to the three trustees/homeowners within 60 days.

Acting Chairman Reisel declared the public hearing opened and asked if there were any proponents to speak in favor of Z05-1(b).  The following residents addressed the Commission:

Mary Boka, 251 Aspen Trail Drive, feels that the proposed development will improve the neighborhood.

John Bagy, 241 Aspen Trail Drive, is happy that the clubhouse will be preserved. 

Jerold Jarchow, 307 Wildforest Court, resident for seven years.  He said that as a stockholder in the pool, he does stand to gain financially by the sale of the pool, but would tear up his stock if they could have the pool back.  He does, however, fully support Mr. Simon’s plan.

Donna Jelovic, 311 Wildforest Court, (President of the Board of Directors of the Hill Trail Bath & Tennis Club), chose Mr. Simon because of his willingness to work with the neighborhood and his plan to preserve the clubhouse.  As a homeowner, she supports the proposed development.

Commissioner Heath asked if the Hill Trail Bath & Tennis Club would be going into foreclosure in September, as was brought up in the August meeting of the Planning and Zoning Commission.  Ms. Jelovic stated that the $15,000 earnest money paid by Mr. Simon would support the club while the development plan is in the approval process.

Ray Rutter, 233 Aspen Trail Drive, wrote a letter to Mr. Simon as well as the subdivision trustees expressing his support for the proposed development.

David Brush, 244 Aspen Trail Drive (Trustee, Phase II), appreciates that Mr. Simon approached the subdivision trustees and residents first, and wants to save the historic building on the site.

Lisa Leake, 233 Cedar Trail Drive, a member of the Board of Directors for the Hill Trail Bath & Tennis Club, stated that none of the other buyers were as accommodating as Mr. Simon.

There were no other proponents.  Acting Chairman Reisel then asked if there were any opponents to speak against the petition.  There were none.  Acting Chairman Reisel declared the public hearing closed.

Commissioner Kadane made a motion to recommend approval of petition Z05-1(b) to the Board of Aldermen.  Mayor Young seconded the motion.  The motion received unanimous approval from the members present.

Z05-3 – Zoning Ordinance Change – St. Joseph Drive Rezoning – 532 & 534 St. Joseph Drive – City of Ballwin

City Planner Thomas Aiken addressed the Commission, requesting rezoning of the parcels at 532 and 534 St. Joseph Drive.  Mr. Aiken described the site, and the method of acquisition for the properties.  He stated that the current zoning classification is S-1 Service (light industrial).  The property cannot be developed under the current zoning.  The City is interested in divesting itself of this parcel, and it would be more marketable if it were zoned residential.

Mr. Aiken stated that the Board of Aldermen is requesting that the Planning & Zoning Commission consider rezoning this parcel to R-2 Single-Family Residential.

Mayor Young asked if it would be possible to build a duplex on the site with the R-2 zoning.  Mr. Aiken stated that it would not; however, if the purchaser requested and was granted rezoning to PSD or PIM, a duplex could be built.  He would not recommend changing the zoning to either of those classifications, as each is a planned district and would require a site development plan as a part of the rezoning.  The City’s intent is to sell the parcel, not develop it, and Mr. Aiken feels that it would better serve the City to rezone the parcel as R-2.

Acting Chairman Reisel declared the public hearing opened and asked if there were any proponents to speak in favor of Z05-3.  There were none.  Acting Chairman Reisel then asked if there were any opponents to speak against the petition.  There were none.  Acting Chairman Reisel declared the public hearing closed.

Alderman Terbrock made a motion to recommend approval of petition Z05-3 to the Board of Aldermen.  Commissioner Kadane seconded the motion.  The motion received unanimous approval from the members present.

Adjournment

A motion was made by Mayor Young and seconded by Commissioner Heath to adjourn the meeting.  The motion received unanimous approval.  The meeting was adjourned at 8:30 p.m.

Tim Reisel, Acting Chairman
Planning & Zoning Commission