Planning and Zoning Commission Meeting

Meeting Agenda

Meeting Minutes

MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING

CITY OF BALLWIN – 300 PARK DRIVE
October 4, 2004

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

APPROVAL OF MINUTES

A motion was made by Alderman Gatton and seconded by Commissioner Byatt to approve the minutes of the September 7, 2004 meeting of the Planning & Zoning Commission.  The motion received unanimous approval from the members present.

SUB 04-3 (Resubmittal)—Holloway Kehrs Mill Crossing Subdivision—140 Holloway Road—Mr. Ronnie Hopper

Z04-2 (Resubmittal)—Holloway Kehrs Mill Crossing Subdivision MXD Site Plan Review—Mr. Ronnie Hopper

Mr. Rich Halsey of Hall & Halsey Associates presented the revised plan on behalf of Mr. Ronnie Hopper.  He addressed the issues that were raised at the August 2, 2004 meeting.

Mr. Halsey stated that the commercial building addition has been reduced by three feet. This allowed the elimination of one parking space.  This allows the residential structure to be shifted approximately seven feet to the west.  A retaining wall and landscaping will separate the commercial development from the residential development.

Mr. Halsey addressed the concerns raised regarding close proximity of the residential development to existing buildings in Kehrs Mill Crossing Condominiums.  He stated that shifting the residential structure to the west places approximately 15’ between it and the property line.  The distance between that building and the nearest existing building would be approximately 40’.  He distributed photographs taken of the buildings in Kehrs Mill Crossing, where the spacing was typically about 30’ within that development, not including decks or patios.

Mr. Halsey stated that the heavy construction traffic would enter the site from Holloway Road through the commercial property.  He stated that the developer planned to build all five of the residential units at the same time.  They do not expect to do any blasting and may have to bring in fill.  He stated that the most excavation that is anticipated will be for underground detention. The developer has received conceptual approval from MSD for the stormwater detention system.

Mr. Halsey referred to the staff review report regarding the density of the development, stating that the developer feels that the proposal is consistent with the density of development in this neighborhood.

Commissioner Erwin asked about the total size of the site.  Mr. Halsey stated that it is just over one acre (1.021 acres). 

Commissioner Byatt asked if there are going to be any doors on the east side of the building where the owners could put decks or patios.  Mr. Halsey stated that there might be windows, but no doors.  The developer stated that they would be willing to place a provision in the record plat as a deed restriction prohibiting decks or patios on the east side yard.  Commissioner Byatt asked if the owner of Unit #6 would be allowed to remove the trees or landscaping on the east side of the property.  Mr. Halsey stated that they would not, because all landscaping would be the responsibility of the homeowner’s association.  Commissioner Byatt asked who would be responsible for the maintenance of the landscaping and the retaining wall between the residential and commercial developments.  Mr. Halsey stated that it would be the commercial property owner’s responsibility.

Commissioner Byatt stated her concern that the commercial development does not fit well into this neighborhood or with the strategic community plan for the City.  Mr. Halsey stated that the building is currently a residence, and would retain its residential character.  He stated that the usage of the property would be restricted to professional office uses, which are allowed in the district.

Commissioner Byatt asked what the sign requirements would be for the commercial property.  City Planner Tom Aiken stated that the property would be subject to standard sign requirements.  The largest sign they could have would be 100 square feet (50 square feet per side on a two-sided sign).

Mr. Halsey addressed Commissioner Byatt’s question regarding illumination of the commercial site, stating that a lighting plan would be submitted to the City for approval.  He said the developer anticipates that any lighting would be shielded, but do not plan to have the area lighted after business hours.

Alderman Gatton asked if the developer plans to pay the fee for sidewalks and recreation.  Mr. Halsey stated that they are aware of that requirement and plan to provide those funds to the City.

Commissioner Reisel asked if the developer would be averse to a provision stating that no signage be permitted on the commercial property.  He stated that he felt the area should retain a residential look.  Mr. Hopper stated that he can accept limitations on lighting, size and style of signage, but feels that he needs identifying signage.  

Chairman Boland asked the audience to confine its comments to the plan changes.  He then declared the public hearing open, and asked if there were any proponents to speak in favor of SUB04-3 or Z04-2.  There were none.

Chairman Boland asked if there were any opponents to speak against SUB04-3 or Z04-2. 

      Ms. Donna Corno, 223 Kehrs Mill Trail, addressed the Commission, stating her concern that the proximity of the new development will affect the value of her unit. 

      Mr. Roy Schlumpberger, 112 N. Holloway Road, addressed the Commission, requesting that signs be erected at Kehrs Mill Trail and Kehrs Mill Crossing prohibiting construction traffic.  He stated his concern about blasting and requested that a survey be conducted in the event that blasting has to be done.  Mr. Schlumpberger wants any sidewalks, driveways, or grassy areas restored to their current condition (mesh under concrete, placing sod).  He asked that the retaining wall be constructed so as to be consistent with those in Kehrs Mill Crossing Condominiums.

      Ms. Charlene Rosche, 177 Kehrs Mill Bend Drive, addressed the Commission, asking about the density of the development.  She said she would like to see the landscaping enhanced adjacent to the existing units.

      Ms. Lynn McKee, 217 Kehrs Mill Trail, addressed the Commission, commenting that she and her neighbors will be looking at the side of a building.

      Ms. Carole Stafford, 118 N. Holloway Road, addressed the Commission, stating her concerns about parking and mail truck access.

      Mr. Wayne Loos, 228 Kehrs Mill Trail, addressed the Commission, asking about stormwater runoff.  Commissioner Reisel stated that an underground detention basin is proposed for the new development.

There were no other opponents, and Chairman Boland declared the public hearing closed.  Commissioner Byatt asked about the preservation of trees on the east side of the property.  Mr. Halsey stated that the developer will employ an arborist and do whatever they can do to save those trees.

A motion was made by Alderman Gatton and seconded by Commissioner Medler to recommend approval of SUB04-3 to the Board of Aldermen.  A vote was taken with the following results:  Ayes:  Jones, Gatton, Heath, Boland, Medler, and Karr;   Nays: Reisel, Erwin, and Byatt.  The motion passed.

A motion was made by Alderman Gatton and seconded by Commissioner Medler to recommend approval of Z04-2 to the Board of Aldermen.  A vote was taken with the following results:  Ayes:  Jones, Gatton, Heath, Boland, Medler, and Karr;   Nays: Reisel, Erwin, and Byatt.  The motion passed.

SUB04-6—Shelton Subdivision—15134 Clayton Road—Mr. Allen Shelton

Mr. Shelton addressed the Commission, requesting approval of the subdivision of his property at 15134 Clayton Road into two lots, which would be slightly more than a half-acre each.

Mr. Shelton stated that he will not be able to provide the 15’ no-grade zone on the side yards, as the houses that are planned will go right to the 10’ building line.  He addressed the area where the sewer comes in from the neighbor’s property, stating the owner (James McDowell) will provide a letter giving Mr. Shelton the authority to install the sewer.  Mr. Shelton has promised to restore the area with sod.  He plans to drill and bore next to the manhole in such a manner as to preserve the large pin oak on the property. 

Mr. Shelton stated that he will not be able to preserve most of the trees on his property, because they are within the building footprints of the houses.  He said that most of them are not in good condition.

Mayor Jones asked what arrangements had been made for stormwater on the property.  Mr. Shelton stated that the engineer he consulted felt that the natural slope of the land would take care of drainage.  He noted that the staff review report recommended a catch basin at the southeast corner of the property.  Mr. Shelton said there is an area inlet already on Lot 18 of Park Huntington subdivision, which is only 21’ from the property line, but he is willing to put in a swale to direct runoff from his site down the slope into this inlet.

Commissioner Byatt asked if Mr. Shelton would plant trees to replace those that will be lost.  Mayor Jones said that he had not gotten any complaints and did not think that the neighbors were concerned about landscape screening.  Alderman Gatton noted that the 15’ no-grade zone is primarily to preserve trees, and there aren’t many on this property to preserve. 

Chairman Boland declared the public hearing open, and asked if there were any proponents to speak in favor of SUB04-6.  There were none.

Chairman Boland asked if there were any opponents to speak against SUB04-6.  There were none, and Chairman Boland declared the public hearing closed.

Commissioner Byatt asked if there would be one shared driveway for these lots.  Mr. Shelton stated that there would be two separate driveways, for which he has MoDOT approval.

A motion was made by Commissioner Reisel and seconded by Alderman Gatton to recommend approval of SUB04-6 to the Board of Aldermen, contingent on compliance with the staff review report recommendations without the 15’ no-grade zones on the east and west, and on Mr. Shelton providing the letter of permission from Mr. McDowell.  The motion received unanimous approval from the members present.

ADJOURNMENT

A motion was made by Commissioner Erwin and seconded by Commissioner Medler to adjourn the meeting.  The motion received unanimous approval.  The meeting was adjourned at 8:45 p.m.

Michael Boland, Chairman
Zoning Commission

LB