Planning and Zoning Commission Meeting

Meeting Agenda

Meeting Minutes

MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING

CITY OF BALLWIN – 300 PARK DRIVE
November 1, 2004

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

APPROVAL OF MINUTES

A motion was made by Commissioner Kadane and seconded by Alderman Gatton to approve the minutes of the October 4, 2004 meeting of the Planning & Zoning Commission.  The motion received unanimous approval from the members present.

2005 Capital Budget Review – Mr. Robert Kuntz, City Administrator

City Finance Officer Glenda Loehr presented the proposed Capital Budget for 2005.  She stated that 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 2005 amounts to $5,223,203.  She stated that the sales tax revenues projections are lower than in previous years.  Mrs. Loehr summarized the main points of each aspect of the budget; highlighting the Manchester Road sidewalk project, TIF revenues, bond issues, street repairs, and the police radio system.

Commissioner Kadane asked if the Manchester Road sidewalk project was along the entire length or just the TIF area.  City Engineer Gary Kramer stated that it was everything except Ball Park Drive to Seven Trails Drive on the north side, which was a federally funded project that was dropped.

Alderman Gatton stated that the proposed budget had been through a preliminary review by the Board of Aldermen, and the changes suggested at that time were included in the document now before the commission.

A motion was made by Alderman Gatton and seconded by Commissioner Kadane to recommend approval of the Capital Budget for 2005 to the Board of Aldermen.  The motion received unanimous approval from the members present.

Z04-5—Zoning District Change—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—Dickens Trace Subdivision—352 Ries Bend Road, Ballwin MO  63021—Majestic Development Company LLC, 4330 Portland Lake Dr, St. Louis MO  63034—Mr. Jeff Thomas

Mr. Thomas introduced Mr. Wayne Gottschall, who presented the proposal to the Commission.

Mr. Gottschall stated that the petitioner is requesting approval for a change in zoning classification from R-1 to R-3 single family, and a five-lot subdivision.

Mayor Jones asked why it would be appropriate to change the zoning for this parcel.  Mr. Gottschall stated that most of the surrounding subdivisions are zoned R-3 and R-2.  Commissioner Byatt stated that while the zoning for the surrounding properties is R-3, the lots adjacent to the property are much larger than the minimum permitted in the zone.

Chairman Boland asked if the petitioner had reviewed the staff report with regards to the subdivision.  Mr. Gottschall stated that they had, and have made changes recommended by staff in regards to the sanitary sewer.  He stated that the developer would be constructing a swale to direct stormwater runoff to existing area inlets.  Mr. Gottschall asked that the developer be allowed to escrow the funds for the sidewalk on the north side of the proposed street in order to preserve the vegetation in that area.

Commissioner Kadane asked about the staff recommendation of the road connection.  Mr. Gottschall stated that the developer would prefer not to connect Dickens Farm Lane and the proposed Dickens Trace Court, citing privacy issues for the neighborhood.  Alderman Gatton stated that the City of Ballwin has an ordinance that discourages back-to-back cul-de-sacs, and that Dickens Farm Lane was approved with a temporary cul-de-sac.  He said that the City ordinance would be met by connecting the two roadways.  Mr. Gottschall said that the residents of Dickens Farm do not want the roadways connected, and that the developer does not have ownership of a small piece of property giving him the necessary right-of-way to connect the roads.

Alderman Gatton stated that when the proposal was before the Commission previously, the right-of-way was not a problem.  Mr. Thomas and Mr. Gottschall stated that the previous proposal involved only a single residence with a private drive and they owned enough of the property to do that.  Mr. Thomas said they do not own enough of the property to construct a 50’ wide roadway.

Commissioner Kadane asked how the property was acquired, and if the developer had legal documentation of ownership.  Mr. Gottschall said that he did not have documentation with him.  City Planner Tom Aiken stated that the transaction was not completed and approved in accordance with Ballwin’s regulation.  

Mayor Jones clarified the piece of property under discussion, and stated that the provision of services by the City of Ballwin (snow removal, police protection) is jeopardized by cul-de-sacs that back up to each other, and that emergency services would benefit from two entrances to the subdivision.  He asked the developer if he had an objection to connecting the roads.  Mr. Thomas stated that he did not.

Chairman Boland clarified that when Dickens Farm subdivision was approved, the approval clearly stated that Dickens Farm Lane would be a stub street, that the turn-around there was temporary, and that any other developments would be connected.  

Commissioner Byatt stated that connecting the roadways would benefit Lot 4 by allowing the 15’ no-grade zone to be maintained.

Mr. Thomas stated that since the residents of Dickens Farm had expressed to him their desire to retain the cul-de-sac, although substandard, he had not calculated the cost of having only four lots.  He stated that he is uncertain whether he would proceed with the development if that were the case, and on that basis would object to connecting the roadways; however, he is willing to comply with the City requirements.

Mayor Jones stated that if the roads connected, the lots would be larger and the development would be less dense.  Mr. Thomas stated that given the value of the neighboring properties, it would not be financially feasible for him to lose a lot in his development.

Chairman Boland asked City Planner Aiken if he wanted to address anything in the staff report.  Mr. Aiken stated the stormwater issue had been addressed satisfactorily, and the Commission had addressed the other issues raised in the staff report.  He stated that the roadway was the most substantive issue, and read aloud the relevant ordinance sections (Chapter 25, Sections 25-102 [a-d]).

Commissioner Reisel asked if Dickens Farm Lane and Dickens trace could be connected, with a cul-de-sac near Ries Bend Road.  Mr. Aiken said that if that were the case, it would create more traffic for Dickens Farm because residents of the new subdivision would have no other option.  He stated that two entrances to a subdivision are always preferable from the standpoint of emergency and municipal services.

Chairman Boland declared the public hearing open, and asked if there were any proponents to speak in favor of Z04-5 or SUB04-7.                                                                                                  

      Mr. George Boulware, 246 Dickens Farm Lane, addressed the Commission, stating his objection to connecting the roadway, citing safety issues for the children in the neighborhood.  He commended the City for the snow removal service, and stated that access for public services have not been an issue.

 Chairman Boland asked if there were any opponents to speak against Z04-5 or SUB04-7.  

       Mr. Mike Haas, 415 Kacey Lane, addressed the Commission, stating his opposition to the zoning change.  He feels the development is more dense that the adjoining lots, and that a change from R-1 to R-2 would be more appropriate.  He also feels that roadways should align across Ries Bend Road.

      Mr. Doug Noll, 421 Kacey Lane, addressed the Commission, stating his opposition to the zoning; he feels that the lots are too small.

      Mr. Ron Steinkamp, 270 Dickens Farm Lane, addressed the Commission, stating that he feels the sidewalk should be built on both sides of the street, to maintain the continuity of the neighborhood.  Commissioner Kadane noted that this would mean losing the trees on the north side of the development.  Commissioner Byatt stated that if the roadway were connected, the development could be reconfigured and the road moved to the south.

      Mrs. Linda Haas, 415 Kacey Lane, addressed the Commission, stating that she is opposed to the new development and the roadway connection.  She wants the same quality development as David Harrison Farms and Dickens Farm.

There were no other opponents, but Mr. Nick D’Amato, 352 Ries Bend Road, addressed the Commission, stating that the only reason the adjoining lots are larger is because they are around a court, and that the other lots in the subdivision are the same as in the proposed development.

Chairman Boland declared the public hearing closed.  Commissioner Kadane asked for clarification on whether the Commission had recommended approval for this plan previously.  Mayor Jones said that the previous plan was for a two-lot subdivision, and the Board of Aldermen did not consider it because it was withdrawn.  Alderman Gatton clarified that the issue before the Commission was changing the zoning from R-1 to R-3.  City Planner Aiken pointed out the adjoining zoning on a map, stating that the majority of the zoning to the south is R-3 and that the property in question is in a transitional area.

Commissioner Byatt stated that she feels that R-2 is the most appropriate zoning, since although the adjoining properties are zoned R-3, the lots are larger than that.  Mayor Jones stated that the petitioner is entitled to a recommendation on his petition as submitted.

A motion was made by Commissioner Byatt and seconded by Commissioner Erwin to recommend rejection of petition Z04-5 to the Board of Aldermen.  A vote was taken with the following results:  Ayes:  Kadane, Heath, Reisel, Boland, Erwin, Karr and Byatt;   Nays: Jones, Gatton.  The motion passed.

Chairman Boland asked City Planner Aiken if petition SUB04-7 required a vote.  Mr. Aiken stated that since the zoning change was rejected, the subdivision petition could not be approved under the current zoning.  He said the Commission would be compelled to turn down the subdivision petition unless the petitioner withdraws it. 

Mr. Thomas withdrew the subdivision petition SUB04-7.

ADJOURNMENT

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

Michael Boland, Chairman
Zoning Commission

 LB