Planning and Zoning Commission Meeting

Meeting Agenda

Meeting Minutes

MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING

CITY OF BALLWIN – 300 PARK DRIVE
September 7, 2004

The meeting of the Planning and Zoning Commission was called to order by Acting Chairman Ron Kadane at 7:03 p.m.  Members in attendance were:

PRESENT                                                                ABSENT 
Terry Byatt                                                    Michael Boland, Chairman 
Phyllis Erwin                                                Ed Montgomery 
Sue Heath 
Ron Kadane, Acting Chairman 
Frank Karr 
Jeff Medler 
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 Commissioner Byatt to amend the minutes of the August 2, 2004 meeting to remove the phrase “but escrow be provided for road work” from the motion for SUB04-1.  Alderman Gatton seconded the motion and moved to approve the minutes as amended.  Commissioner Karr seconded the motion to approve.  Both motions received unanimous approval from the members present.

SWEARING IN OF NEW MEMBER

Mrs. Sue Heath, 106 Denbigh Terrace (Ward 2), was sworn in by Assistant City Administrator Thomas Aiken.  Mrs. Heath replaces Mr. Brad Underwood, who moved out of the City of Ballwin.

SUB 04-4—Claymont Court Subdivision – Claymont Development LLC – 3112 Shady Glenn Estates Drive, Glencoe MO  63038 – Mr. Wesley J. Byrne

Mr. Ken Keitel, landscape architect for Terraspec, spoke on behalf of the petitioner, requesting approval for the subdivision of the property commonly known as 15068 Clayton Road into four single-family lots.  Mr. Keitel outlined the petitioner’s request for a waiver of the detention requirement due to the small amount of additional runoff that will result from this development and the excess capacity of the pipes downstream.  He stated that they had surveyed the stormwater pipe capacity downstream to the point where Claymont Place enters the system and that it is large enough to handle the runoff from the proposed development. 

Commissioner Byatt stated that she would like to see an increased no-grade zone in lots 1 and 2 of an additional ten feet, and angling across the southwest corner of Lot #2 to preserve the mature trees. 

Mr. Keitel also requested a waiver to the sidewalk along the east property line in order to preserve the trees along that property line.

Mayor Jones asked if the detention waiver was contingent on being able to connect with the existing stormwater inlet.  Mr. Keitel stated that regardless of whether the developer connected to the inlet or “daylighted” just before the inlet, they would still request the waiver.  Acting Chairman Kadane stated that the City of Ballwin would prefer that the developer connect to the inlet.  Commissioner Reisel suggested that the developer contact MSD again to ascertain ownership of the stormwater inlet.  Mr. Keitel stated that they would do so, as the developer would prefer to connect to the inlet as well.

Alderman Gatton raised the issue of problems the City has had in the past with this developer.  City Planner Aiken stated that the recommendations in the staff report requiring the developer to provide a surveyor’s certification following the placement of the footings would alleviate these problems.

Commissioner Erwin asked how long it would take to complete the subdivision, and whether all four homes would be built at one time or as they are sold.  Mr. Charles Shipman stated that they would build inventory homes, as they are very confident that the houses would sell quickly. 

Commissioner Karr asked if this subdivision would have a homeowner’s association.  Mr. Keitel stated that it would, because the circle in the cul-de-sac would be common ground.

Acting Chairman Kadane declared the public hearing open, and asked if there were any proponents to speak in favor of SUB04-4.  There were none.

Acting Chairman Kadane asked if there were any opponents to speak against SUB04-4. 

      Mr. Ron Dierker, 419 Oakmont Circle, addressed the Commission, stating his concerns regarding stormwater runoff flooding his backyard.

      Mr. Tom Stanton, 420 Oakmont Circle, addressed the Commission, stating that he is not opposed to the development, but is concerned about stormwater impact.  He also wants the mature trees and growth to be maintained behind house #1 on the development plan.

      Mr. Ron Birke, 413 Oakmont Circle, addressed the Commission, asking about the ownership and maintenance of the existing stormwater inlet.  Mr. Keitel reiterated that the developer will research the issue and confirm ownership.  Mayor Jones stated that those issues will have to be resolved by the time this matter goes to the Board of Aldermen.  Mr. Birke asked if the developer was prepared for the future widening of Clayton Road.  Mr. Keitel said there is a dedication across the front of the lot.

There were no other opponents, and Acting Chairman Kadane declared the public hearing closed.

Commissioner Byatt raised the issue of the sidewalk on the east side of the property.  Mr. Keitel stated that the developer prefers to push the 50-foot right-of-way against the property line and establish escrow to pay for future sidewalk construction in the event that the adjoining property is developed, thus reducing damage to the mature trees on the adjoining property.

A motion was made by Commissioner Byatt and seconded by Commissioner Erwin to recommend approval of SUB04-4 to the Board of Aldermen, with the stipulations agreed to by the developer on the larger no-grade zone on the south side of the property, resolution of the sidewalk construction issue on the east side, and contingent upon the settling of the stormwater inlet ownership and permission issues.  The motion received unanimous approval from the members present.

Z04-3—Ballwin Pointe Commons—Final Site Plan Approval—J&F Park Place LLC—695 Trade Center Blvd, Suite 200, Chesterfield MO  63017—Mr. John Fisher

Mr. Chris DeGuentz addressed the Commission on behalf of Fischer & Frichtel, requesting the approval of the final site development plan for the property to be known as Ballwin Pointe Commons.  Mr. DeGuentz stated that the developer will comply with all recommendations in the staff report. 

Acting Chairman Kadane stated that the Commission received a letter concerning the recreational amenity assessment.  Mr. DeGuentz explained that the letter is a proposal for the developer to provide a park-like buffer on the Ballwin Pointe property, as well as additional amenities on the developer’s property.  The developer is requesting a recreational credit of approximately $42,000.

Alderman Gatton asked City Planner Aiken if the water retention requirements will be met since there would always be water in the pond.  Mr. Aiken replied that MSD had approved the plan and that their regulations are more stringent than the City’s.  Commissioner Karr asked if a sprinkler system would be installed for the common ground areas.  Mr. DeGuentz replied that maintenance would be a part of the homeowners’ fees, but there would not be an irrigation system for the whole development.  They will guarantee the vegetation for one year.

Acting Chairman Kadane declared the public hearing open, and asked if there were any proponents to speak in favor of Z04-3.  There were none.

Acting Chairman Kadane asked if there were any opponents to speak against Z04-3.  There were none, and Acting Chairman Kadane declared the public hearing closed.

A motion was made by Commissioner Karr and seconded by Commissioner Byatt to recommend approval of Z04-3, with the condition that the developer investigate the cost of installing an irrigation system for the common ground.  A vote was taken with the following results:  Aye – Karr, Erwin, Byatt;  Nay – Jones, Gatton, Medler, Heath, Reisel and Kadane.   The motion failed.

A motion was then made by Commissioner Reisel and seconded by Alderman Gatton to recommend approval of Z04-3 based on compliance with staff report recommendations.  The motion received unanimous approval from the Commission members present. 

Z04-4—The Villas at Meadowbrook Subdivision—Final Site Development Plan—Barry Simon Development Inc. and The Jones Company Homes LLC—695 Trade Center Blvd, Chesterfield MO  63005—Mr. Barry Simon

Mr. Barry Simon addressed the Commission, requesting the approval of the final site development plan for the property to be known as The Villas at Meadowbrook Country Club.  Mr. Simon stated that the developer has received the 401 permit from the Missouri Department of Natural Resources, and have verbal approval from the Army Corps of Engineers for the 404 permit and expect the permit soon.  He also said that the developer has signed agreements with the trustees of Meadowbrook Farms/Clarkson Estates, and Claymont Woods subdivisions.

Mr. Simon stated that the developer agrees with the issues raised in the staff report, but does not feel that the traffic calming devices are necessary since it is not a through street and the traffic generation would be low.  He said that if the City felt strongly that the devices are necessary, they would install them subject to the approval of the Monarch Fire District.  Mr. Simon stated that the Fire District requires 12 feet on each side of the traffic calming devices, and that they prefer not to have them in the intersections.

Mr. Simon addressed the issue of usable open space and stated that the area between lots 44 and 45 meets the requirements of the City.  He also stated that the landscaping plan will be adjusted to meet the recommendations of the staff review report of January 21, 2004, and the no-grade zone will be met.

Mr. Simon stated that the common ground will have an irrigation system, and that priority would be placed on landscaping the areas between the roadways and the adjoining subdivisions; however, they do not feel it is possible to have this completed within 60 days, due to probable winter weather conditions.

Mayor Jones asked if the developer would agree that no more than seven building permits would be issued until the landscaping improvements are completed.  Mr. Simon requested that instead of limiting the issuance of building permits, if the City would consider limiting the issuance of occupancy permits.  Mayor Jones felt this is a good compromise.

Alderman Gatton stated that the Commission received a letter from the Twin Estates Board of Trustees requesting that the City not require sidewalks on the west and north sides of the street.  Commissioner Reisel stated that sidewalks are required in the ordinance.  Commissioner Byatt said that it benefits everyone’s safety and security to have sidewalks. 

Acting Chairman Kadane declared the public hearing open, and asked if there were any proponents to speak in favor of Z04-4.  There were none.

Acting Chairman Kadane asked if there were any opponents to speak against Z04-4.  There were none, and Acting Chairman Kadane declared the public hearing closed.

A motion was made by Alderman Gatton and seconded by Commissioner Byatt to recommend approval of petition Z04-4 to the Board of Aldermen, pending compliance with the staff report, requirement of seven occupancy permits rather than building permits until landscaping is complete, compliance with the Monarch Fire District requirements for traffic calming, and compliance with the recommendations of the review report.  The motion received unanimous approval by the members present.

SUB04-5—D’Amato Subdivision—352 Ries Bend Road, Ballwin MO 63021—Mr. Nick D’Amato

Mr. D’Amato addressed the Commission, requesting approval of the subdivision of his property at 352 Ries Bend Road into two lots, creating a new single-family residential lot accessible by the cul-de-sac at the end of Dickens Farm Lane.

Commissioner Byatt asked if the new lot would be subject to the indentures of the Dickens Farm subdivision, since it would appear to be a part of that subdivision.  Mr. D’Amato stated that it would be up to the purchaser of the property.  Commissioner Byatt stated that she would like to see a 15’ no-grade zone on the north, south and west sides of the lot.

Acting Chairman Kadane declared the public hearing open, and asked if there were any proponents to speak in favor of SUB04-5.  There were none.

Acting Chairman Kadane asked if there were any opponents to speak against SUB04-5. 

      Mr. Anthony Mascalco, 409 Kacey Lane, addressed the Commission, stating his concerns regarding stormwater runoff.  He said that there has been more runoff in the last year, since the ground has been cleared.  Mr. D’Amato stated that water is draining away the same as it always has, and that he has recently sodded the cleared area, which should help with the runoff.

         Mr. Mascalco asked if a sidewalk would be added on this lot.  City Planner Aiken stated that when the subdivision was built, a sidewalk was not required due to the temporary cul-de-sac, and at this point there isn’t room to put one in.

         Mr. Mascalco asked if the lot could be made a part of Dickens Farm subdivision, or at least be governed by their indentures.  Mr. D’Amato didn’t know if he could impose that upon the buyer.  Commissioner Byatt asked the residents of Dickens Farm to supply Mr. D’Amato with a copy of their indentures so that it could be passed along to the buyer.

      Mr. Mike Haas, 415 Kacey Lane, addressed the Commission, stating that he was not made aware that the parcel adjoining his lot could be developed when he purchased his home.  

      Mrs. Linda Haas, 415 Kacey Lane, addressed the Commission, stating concerns about additional homes being built on the property.  Mayor Jones stated that the petition is only for a subdivision into two single-family lots.  Alderman Gatton clarified that the zoning for the area is R-1 with a minimum of 20,000 square foot lots, so another lot cannot be created out of this property without the submission of a zoning change petition.

There were no other opponents, and Acting Chairman Kadane declared the public hearing closed.

A motion was made by Commissioner Medler and seconded by Mayor Jones to recommend approval of petition SUB04-5 to the Board of Aldermen as submitted.  The motion received unanimous approval by the members present.

ADJOURNMENT

A motion was made by Alderman Gatton and seconded by Commissioner Medler to adjourn the meeting.  The motion received unanimous approval.  The meeting was adjourned at 9:15 p.m.

Ron Kadane, Acting Chairman Zoning Commission

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