Planning and Zoning Commission Meeting

Meeting Agenda

Meeting Minutes

MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING

CITY OF BALLWIN – 300 PARK DRIVE
February 7, 2005

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

PRESENT                                                                         ABSENT 
Chairman Michael Boland                               Commissioner Terry Byatt 
Commissioner Phyllis Erwin                          Commissioner Jeff Medler 
Commissioner Sue Heath                              Commissioner Ed Montgomery 
Commissioner Ron Kadane                          Commissioner Tim Reisel 
Commissioner Frank Karr                               Assistant City Administrator Tom Aiken
Alderman Charles Gatton 
Mayor Robert E. Jones
City Engineer Gary Kramer 
City Attorney Lou Lucchesi

Approval of Minutes

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

Z04-5(2)—Zoning District Change(2nd Review)—352 Ries Bend Road, Ballwin MO  63021—Majestic Development Company LLC, 4330 Portland Lake Dr, St. Louis MO  63034—Mr. Jeff Thomas

SUB 04-7(2)—Dickens Trace Subdivision (2nd Plan)—352 Ries Bend Road, Ballwin MO  63021—Majestic Development Company LLC, 4330 Portland Lake Dr, St. Louis MO  63034—Mr. Jeff Thomas

Ms. Jeannie Aumiller, attorney for the petitioner, addressed the Commission.  Ms. Aumiller stated that the subdivision development plan before the Commission is for a three-lot subdivision.  She also stated that the rezoning request is for a change from R-1 to R3, which is consistent with the surrounding neighborhoods.

Ms. Aumiller stated that the staff report recommended a 15-foot no-grade zone on the perimeter of the site to preserve mature trees and act as a buffer to the neighboring developments.  She said that the petitioner has agreed to this recommendation.

Ms. Aumiller described the proposed lots, two of which exceed 30,000 square feet, while the third is 12,500 square feet.  The petitioner feels that these are consistent with the neighboring subdivisions.  Lot #2 will be served by a new private drive from Ries Bend Road, and Lot #1 will be accessed from Dickens Farm Lane.  Lot #1 will be accessed from Ries Bend Road.  The prices of the homes will range from $460,000 to the upper 500’s.

Ms. Aumiller stated that the petitioner is requesting that on-site stormwater detention requirements be waived, due to the small size of the subdivision and adequate existing stormwater detention.  The petitioner is also requesting to use the MSD easement on Lot 23 of the Dickens Farm subdivision to bring sanitary sewer lines to the new development.

Mayor Jones asked if the petitioner had explored the use of the MSD easement with MSD.  Mr. Wayne Gottschall responded that they had not, but that the easement was dedicated to MSD when Dickens Farm was incorporated.  Commissioner Kadane stated that City Planner Tom Aiken had recommended, in his staff review report, going to the east connection in order to avoid disturbing the features along the perimeter, and that if they did connect in the easement, the petitioner should be required to bore rather than trench.  Mr. Thomas stated that either way, the vegetation would be disturbed.  He stated that they are prepared to escrow with the City a sufficient amount needed to replace the trees and any other disruptions to the area.  Ms. Aumiller said they would get estimates in order to escrow the appropriate funds.

Commissioner Erwin asked why the petitioner is requesting R-3 zoning when the size of the proposed lots is suitable for R-2 zoning.  Mr. Thomas said that with R-2 zoning, there is not enough width to allow two lots to front on Ries Bend Drive.

Alderman Gatton stated his concern that the two larger lots may be brought before the Commission to be subdivided in the future.  City Attorney Lucchesi stated that the ordinance requires that the proposed subdivision comply with subdivision indentures of Dickens Farm.  It was determined that the Dickens Farm subdivision indentures do not allow subdividing of lots.

Commissioner Erwin asked about the City’s liability regarding the substandard turnaround at the end of Dickens Farm Lane.  City Engineer Gary Kramer stated that since a street would not be built in the proposed subdivision, the turnaround would remain as is.  Chairman Boland noted that the residents of Dickens Farm preferred to keep the turnaround.

Commissioner Karr noted that there is no common ground designated for the subdivision.  Alderman Gatton confirmed that since that is the case, the petitioner would be making the equivalent contribution to the Parks Department in lieu of recreational facilities on the site.

Commissioner Kadane stated that according to the staff report, stormwater detention would not be required only if the petitioner’s engineer determines that the storm sewers downstream are adequate.  Ms. Aumiller stated that this was understood.  Mayor Jones requested confirmation that the hydrological date would be available by the time this petition is before the Board of Alderman.  Mr. Gottschall stated that it would be done at the time that the storm sewers are designed.   Ms. Aumiller stated that the petitioner’s engineers will work with staff on this issue.

Chairman Boland declared the public hearing opened and asked if there were any proponents to speak in favor of Z04-5 and/or SUB04-7.  There were none.  Chairman Boland then asked if there were any opponents to speak against the petitions.

            Mr. John Otten, 416 Kacey Lane, President of Dickens Farm Subdivision Association, addressed the Commission, stating that the proposed sewer line would destroy up to eleven mature trees as well as damage the retaining wall on Lot 23 of Dickens Farm subdivision.  He also stated his concern for privacy and safety with cars turning into the drive for proposed Lot #2.           

            Mr. Doug Stenslokken, 132 Tara Ridge Court, addressed the Commission, stating his concern about stormwater runoff, which he feels is already excessive, eroding the drainage ditch in his rear yard.  He submitted pictures from a recent rainstorm to the Commission for their review.

            Mrs. Linda Haas, 415 Kacey Lane, addressed the Commission, stating her concern about stormwater runoff.

            Mr. Doug Noll, 421 Kacey Lane (Lot 23 in Dickens Farm), addressed the Commission, asking for clarification regarding the sanitary sewer connection.

Chairman Boland asked City Engineer Kramer whether the easement had always been there.  Mr. Kramer stated that there is a five-foot easement at the side and rear of all properties, providing a ten-foot easement for all utilities.  Alderman Gatton said that he felt the terms “storm sewer” and “sanitary sewer” were being used interchangeably.  Mr. Thomas stated that the drainage map shown on his development plan deals with all the issues that have been raised.  He stated that because the staff review report recommended a 15-foot no-grade zone to preserve mature trees, he was left with very little choice but to connect to the sanitary sewer in the easement on Lot 23 of Dickens Farm.  Mr. Gottschall then identified where the stormwater runoff will be directed.

Alderman Gatton asked if Lot #1 would become part of Dickens Farm subdivision, since it will be using the detention pond of that subdivision.  Mr. Gottschall read from the statement from the subdivision plat of Dickens Farm, which states “the northern detention basin is utilized by the City of Ballwin, any future developer, and any future trustee organization or subdivision…to discharge stormwater runoff into said northern detention basin after plans are approved by MSD.”  Alderman Gatton asked if the detention pond was adequate to handle the amount of runoff.  Mr. Gottschall stated that the amount of runoff would not significantly increase, and if the detention was inadequate, the petitioner would take steps to ensure that runoff would be managed.

Chairman Boland asked if there was anyone else to speak in opposition to the petitions.

            Mr. Jim Dunn, 120 Tara Ridge Court, addressed the Commission, stating his concern that the storm sewers cannot handle the runoff from heavy rains, as well as the erosion that’s being caused from backed-up stormwater runoff.

Alderman Gatton stated that he had met with MSD representatives and had been told that while MSD has responsibility for storm sewers, they do not have the funds to resolve problems.  He feels that the Commission should do what it can at this level to abate any further problems.

There were no other opponents to the petitions and Chairman Boland declared the public hearing closed.

A motion was made by Commissioner Kadane and seconded by Commissioner Heath to recommend approval to the Board of Aldermen of petition Z04-5.    The motion received unanimous approval from the Commission members present.

A motion was made by Alderman Gatton and seconded by Commissioner Erwin to recommend approval to the Board of Aldermen of petition SUB04-7, subject to compliance with the recommendations of the petition review report.    The motion received unanimous approval from the Commission members present.

Z04-6—Tall Timbers Subdivision Rezoning—347 Ries Bend Road, Ballwin MO  63021—Majestic Development Company LLC, 4330 Portland Lake Dr, St. Louis MO  63034—Mr. Jeff Thomas

SUB04-8—Tall Timbers Subdivision—347 Ries Bend Road, Ballwin MO  63021—Majestic Development Company LLC, 4330 Portland Lake Dr, St. Louis MO  63034—Mr. Jeff Thomas

Ms. Jeannie Aumiller, attorney for the petitioner, addressed the Commission.  Ms. Aumiller described the development plan and surrounding neighborhoods.  She stated that the lot sizes for the five lots range from approximately 12,000 square feet to almost 16,000 square feet, which is consistent with adjacent subdivisions.   Ms. Aumiller said that the homes in this subdivision will range from 3300-4000 square feet and the price range will be from the upper $400,000s to mid-$600,000s.

Ms. Aumiller explained the petitioner is putting a street in the proposed subdivision, rather than fronting on David Harrison Lane, because there is a strip of undevelopable land to the north of David Harrison Lane that belongs to David Harrison Farms. This 27-foot-wide parcel will serve as a buffer between the proposed subdivision and David Harrison Farms.  She also stated that the petitioner has agreed to the 15-foot no grade zone for the proposed subdivision.

Ms. Aumiller stated that the petitioner is requesting that no further stormwater detention measures be required, and confirmed the petitioner’s willingness to work with staff in working out an issues regarding stormwater runoff.

Mr. Gottschall presented the drainage map and described the methods of stormwater management.  Mayor Jones asked if the proposed area inlet on Lot #4 is a result of staff recommendation and whether it is an extension of the stormwater system in David Harrison Farms.  Mr. Gottschall said that it is.

Alderman Gatton asked if the large-caliper trees on the perimeter of the property would be retained.  Mr. Gottschall said that they would, and that the 15-foot no-grade buffer would be maintained.

Commissioner Kadane noted that the sanitary sewer would run to Dickens Trace subdivision, and asked if the particulars regarding that connection would be worked out with staff.  Mr. Thomas confirmed that he would work with staff on this issue.

Chairman Boland declared the public hearing opened and asked if there were any proponents to speak in favor of Z04-6 and/or SUB04-8.  There were none.  Chairman Boland then asked if there were any opponents to speak against the petitions.

            Mr. Doug Stenslokken, 132 Tara Ridge Court, addressed the Commission, reiterating his concern regarding stormwater runoff.

            Mr. Kevin Greenaway, 330 David Harrison Lane (Treasurer for David Harrison Farms), addressed the Commission, and confirmed that his concerns (tree preservation, stormwater detention, etc.) had been addressed.

            Mr. John Otten, 416 Kacey Lane, President of Dickens Farm Subdivision Association, addressed the Commission, stating his concern as to whether the sanitary sewer line could accommodate a 30% increase in volume, as well as the depth of the trench.  Commissioner Kadane reminded him that the recommendation on the previous petition was to connect to the line at the east of that property. 

There were no other opponents to the petitions and Chairman Boland declared the public hearing closed.

A motion was made by Mayor Jones and seconded by Commissioner Kadane to recommend approval to the Board of Aldermen of petition Z04-6.    The motion received unanimous approval from the Commission members present.

A motion was made by Commissioner Kadane and seconded by Commissioner Karr to recommend approval to the Board of Aldermen of petition SUB04-8, subject to compliance with the recommendations of the petition review report.    The motion received unanimous approval from the Commission members present.

SUE05-2—Royal Gate Dodge Parking Lot—14750-52 Manchester Road—JVH Commercial Properties LLC/Royal Gate Dodge, 15502 Manchester Road, Ellisville MO 63011—Mr. John Van Hoogstraat

Mr. Dick Crane presented the petition for Royal Gate Dodge, proposing to develop the area in question into a parking/storage facility for the dealership.  He described the plan for usage and lighting.  He stated that a small security building would be housed on the property.  Mr. Crane stated that the proposed lot would be used for storage of vehicles; it not be used for repairs of vehicles, nor did they anticipate any transporters loading or unloading vehicles on the lot.

Mayor Jones asked if customers would be viewing vehicles on this site.  Mr. Crane stated that a customer may ride to the lot with a salesperson, but normally a porter would pick up the vehicles and bring them to the dealership.

Alderman Gatton asked if Royal Gate Dodge planned to sublet any portion of the lot.  Mr. Crane replied that the proposed lot would be for the exclusive use of the dealership, for new cars only.

Commissioner Kadane asked about the purpose of the drive going into Lot C.  Mr. Crane stated that it is his understanding that it is an easement, but that it would be blocked, with entry through the main entrance.  Mayor Jones stated that the easement was dedicated at the request of the Board of Aldermen when the Mixed-Use Site Plan was set up, the idea being interconnecting the commercial sites on both sides of Manchester Road to alleviate some of the traffic.

Chairman Boland asked if the 24’ lights would be exceeding the City’s code for lighting.  Mr. Crane stated that it was a maximum of 25’.  Chairman Boland also asked about how the lighting would affect the residential area to the southwest.  Mr. Crane stated that they would shield the lights so they will not bother the neighboring residents. 

Chairman Boland asked if the petitioner had any problems with complying with the staff review report recommendations.  Mr. Crane said they did not, but he asked for clarification regarding the extent of the landscaping required in the area that would not be seen from Manchester Road.  Chairman Boland stated that the staff review report was primarily concerned with landscaping visible from Manchester Road and abutting the residential area.  Mr. Greg Staley, Senior Project Manager for Clayton Engineering, also asked for clarification on required fencing.  After some discussion, Chairman Boland stated that the proposal for the 6’ chain link fence with barbed wire was not an option, but that staff and the Commission are seeking a 6-foot high vinyl sight-proof fence around the perimeter of the parcel.

Alderman Gatton stated his concern whether the property has enough security.  He said that since is not a revenue-generating parcel, he is concerned that if there is not enough security, it will cost the City in terms of using police resources.

Chairman Boland declared the public hearing opened and asked if there were any proponents to speak in favor of SUE05-2.  There were none.  Chairman Boland then asked if there were any opponents to speak against the petitions.  There were none, and Chairman Boland declared the public hearing closed.

A motion was made by Commissioner Kadane and seconded by Commissioner Heath to recommend approval to the Board of Aldermen of petition SUE05-2, subject to compliance with the recommendations of the petition review report and final resolution of the landscaping and fence issues by the Board of Aldermen.    The motion received unanimous approval from the Commission members present.

Holiday Conflicts

The Commission members present decided to cancel the July 4 meeting, and to reschedule the September 5 meeting to September 6, 2005.

Adjournment

A motion was made by Alderman Gatton and seconded by Commissioner Kadane to adjourn the meeting.  The motion received unanimous approval.  The meeting was adjourned at 9:28 p.m.

Michael Boland, Chairman
Zoning Commission

LB