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

August 2, 2004

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

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

APPROVAL OF MINUTES
A motion was made by Commissioner Byatt and seconded by Commissioner Reisel to approve the Minutes of the May 3, 2004 meeting.  The motion received unanimous approval by the members pre-sent.

SUB 04-1—Victoria Pointe Subdivision – 707 Reinke Road – Taylor Morley Land Devel-opment LLC – 17107 Chesterfield Airport Road – Mr. William Taylor

Mr. Kevin Riggs of Cole & Associates spoke on behalf of the petitioner, and described the site and surrounding neighborhoods.  Mr. Riggs stated that the proposed development would be consistent with R-3 zoning, with nine lots (minimum 10,000 square feet) served by a single cul-de-sac road off of Re-inke Road. 

Mr. Riggs addressed several specific items in the staff report.  He stated that the developer intends to escrow the funds for sidewalks along Reinke Road.  The developer also concurs with the staff recom-mendation to provide additional streetlights in the development. 

The stormwater detention basin has been relocated to Lot 9 (one lot off of Reinke Road), which is closer to the low point on the site and works better from a hydraulic standpoint.  Mr. Riggs described the planned landscaping and decorative wrought-iron fence enclosure around the detention basin.

The developer has taken a survey of trees that are 4 inches or larger, and determined that there are 80 such trees on the site and 40 trees within 50 feet of the site.  Mr. Riggs stated that the developer feels that they can preserve 37% of these trees, which exceeds the staff recommendation of 30%.

Commissioner Erwin asked about the timeframe for completing the development.  Mr. Riggs stated that it would be approximately one year, beginning in December 2004 or January 2005.

Alderman Gatton asked City Planner Aiken whether the escrow proposal for sidewalks was acceptable to the City.  Mr. Aiken stated that this development most closely resembled those along Ries Road, where the developers were asked to dedicate the right-of-way and contribute a portion of the cost of improvement.  Commissioner Byatt stated her concern for children walking to school, and would like to have the sidewalk built now.  Mr. Riggs stated that the developer is willing to put the sidewalk in place now.

Commissioner Byatt stated that she wants assurance that the landscaping provided by the developer will be guaranteed for at least two years after placement.  Commissioner Karr asked if there was a way to design the detention basin for utilization to the residents.  Mr. Riggs said detention basins that have been designed that way tend to stay wet and end up not being a usable amenity.  Commissioner Karr then asked about underground detention.  Mr. Riggs stated that it is cost prohibitive and difficult to maintain.

Alderman Gatton asked whether the developer would be able to comply with a 15’ no-grade zone throughout the development.  Mr. Riggs stated that they would not, but said that the majority of the 4” and larger caliper trees were outside of the development, adding that the staff report noted that the 15’ no-grade zone might not be possible. He stated that the developer’s intention is to grade as little as possible, and that they are willing to work out no-grade zone dimensions with staff. 

Chairman Boland declared the public hearing open. 

Chairman Boland asked if there were any proponents to speak in favor of SUB04-1.  There were none.

Chairman Boland asked if there were any opponents to speak against SUB04-1. 

 Mr. Brian Gerritson, 133 Windy Acres Estates Drive, addressed the Commission, stating that he currently has a lawsuit pending against the Jones Company over the settling of the ground over the sewer lines in his subdivision.  He stated his concern for the loss of large trees within 15 feet of the boundary line that hang over the property line*.  Mr. Gerritson also wants construction fencing to protect the right-of-way adjacent to Windy Acres.  He wants to know what will be done to protect the pedestrians (children) along this area.

  *Mr. Riggs stated that 13 of the 16 trees along the west property line would be saved.  He also stated the developer’s willingness to plant new trees to replace trees that must be removed.

 Mr. Peter Oster, 743 Stoney Creek Drive, addressed the Commission as a trustee for Hallmark Place subdivision. He related his subdivision’s concern regarding construction vehicles parking; he wants an ordinance to prohibit parking on adjacent streets with a penalty for violations.  Mr. Oster stated the trustees’ concern about vacant lots and children playing there and cutting through to go to school.  He wants to see a fence erected between the subdivisions to prevent this foot traffic.

 Mr. Michael Van Vooren, 144 Windy Acres Estates Drive, addressed the Commission as a trus-tee for Windy Acres Estates subdivision. He asked if Taylor Morley was aware of the agreement with Paul Honsius allowing the Windy Acres detention basin to drain onto their property.

 Ms. Sue Seago, 271 New Ballwin Road, addressed the Commission and the developer, asking for a clarification of the plan for water runoff from the new homes.

 Ms. Chris Vahrenhorst, 125 Windy Acres Estates Drive, addressed the Commission, asking whether having the construction equipment behind their property and grading would cause the residents of Windy Acres to have more of a sinking problem in their back yards.

  Chairman Boland deferred to City Planner Tom Aiken, who stated that MSD verified that the problem is not a failed pipe.  It appears to be a backfill problem and the weight of the equipment on the adjoining site would not have an impact on it.  City Engineer Gary Kramer confirmed this.

Chairman Boland then declared the public hearing closed.

Commissioner Kadane stated his concern regarding the unresolved issues, particularly the no-grade zone.  City Attorney Lucchesi stated that the recommendation could be worded so that approval will rely on compliance with requirements of the staff report.

Commissioner Karr asked about the size, type and cost of the homes in the proposed development.  Mr. Dan Thies of Taylor Morley stated that they would predominantly be two-story homes between 2500 and 4300 square feet, starting at $500,000.  Mr. Thies also stated that display homes would be built right away, and they would also build “showcase” homes so that there would be no vacant lots.

Alderman Gatton stated that the primary concern is tree preservation, and asked the developer if they would be willing to employ an urban forester to maximize tree retention.  Mr. Riggs stated that Cole & Associates has a landscape architect on staff and would work with City staff to ensure preservation of as many trees as possible.

A motion was made by Commissioner Montgomery and seconded by Alderman Gatton to recommend approval of SUB04-1 to the Board of Aldermen, with the proviso that the developer work with staff to preserve trees, provide replacement landscaping for the lost trees, and that the sidewalk be built.  Commissioner Erwin moved to amend to require the developer to erect a permanent fence between subdivisions; this motion died for lack of a second. The original motion was voted on and received unanimous approval from the Commission members present. 

SUB04-2– Conley Subdivision – 15362 Clayton Road—Mr. & Mrs. Robert & Jeanne-Marie Conley

Mr. Robert Conley, of 15649 Clayton Road, addressed the Commission, requesting approval of a sub-division of their property at 15362 Clayton Road into two single-family lots.

Commissioner Byatt requested clarification of the curb cuts and driveway plan.

Chairman Boland declared the public hearing open, and asked if there were any proponents to speak in favor of SUB04-2.  There were none.

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

Ms. Catherine Mayer, 1058 Kehrs Mill Road, addressed the Commission, stating that she does not want more traffic on Clayton or Kehrs Mill Roads.

Mr. Adam Lorenz, attorney for Claymont Association Inc., addressed the Commission on be-half of the subdivision trustees, stating that they have a number of objections to the proposed subdivision of the property.  He stated that the subdivision indentures require that any time a lot is re-subdivided within Claymont subdivision, the party must obtain the approval of the board of trustees.  Mr. Lorenz stated that the Association has considered and rejected this pro-posed subdivision. 

Mr. Lorenz stated that this proposed subdivision is in violation of the indentures and that other fundamental problems exist:  Approval of the subdividing of this lot would set a precedent for unfavorable subdivisions and it would add to traffic congestion and dangers, as well as present-ing aesthetic and density concerns.

Mr. Bob Hoff, 363 Meadowbrook Drive, asked if the house would have to be brick, like most of the houses in Claymont.  Subdivision trustees in the audience replied that it would be gov-erned by the subdivision covenants.  Chairman Boland stated that this public hearing is only applicable to the subdivision itself. 

Chairman Boland declared the public hearing closed. Commissioner Montgomery requested clari-fication from City Attorney Lucchesi that subdivision indentures would take precedence.  Mr. Lucchesi stated that, as a matter of course, the City has required that when there are applicable subdivision indentures, the resubdividing of a lot had to have association approval before the city would act on it.  He stated that the City will not enforce subdivision indentures, but will honor them as far as the operation of the subdivision.

A motion was made by Commissioner Kadane and seconded by Commissioner Byatt to table petition SUB04-2 until the petitioner obtains approval from the subdivision trustees and provides information regarding the impact of MoDOT plans for Clayton Road widening.  The motion received unanimous approval from the Commission members present. 

SUB04-3– Holloway Kehrs Mill Subdivision and Z04-2—Holloway Kehrs Mill Subdivi-sion MXD Site Plan Review – 140 Holloway Road—Mr. Ronnie Hopper

Mr. Richard Halsey, Hall & Halsey Associates, Inc., addressed the Commission on behalf of Ronnie Hopper, requesting approval for a subdivision of the property at 140 Holloway Road as well as a site plan review for that address. 

Mr. Halsey described the property and presented the development plan.  He stated that the residence currently on the property would be converted to commercial use and a residential building would be constructed on the rear of the property.  He stated that the roads would be private and would not re-quire maintenance from the City of Ballwin.  Mr. Halsey stated that the approximately 2700-square-foot homes would start at $275,000 and expected that most of the homes would sell for more than $300,000.  The homes will be brick and frame construction and will be compatible with the surround-ing neighborhoods.  The developer is proposing an underground storm water system, which will divert water to an inlet within the park.  They will work with the City on this.

Chairman Boland asked the petitioner if they had read the staff report and if they are willing to comply with the recommendations contained therein.  Mr. Halsey stated that they had read the report and did not see a problem accepting the recommendations.  He stated that they would like to provide more landscaping screening, but would like to work with the neighboring condominium associations to put the landscaping on that property.  He stated the petitioner is willing to employ an arborist to protect trees close to the property line.

Commissioner Erwin asked if the petitioner would provide a bond to ensure that park trees are pre-served.  Mr. Halsey stated that they would do so.  Alderman Gatton asked if the petitioner would pay the recreation fee, and Mr. Halsey replied that they are aware of that requirement and will comply.

Commissioner Erwin stated her belief that the density of the proposed development is too high.  Com-missioner Byatt asked about the setback on the east property line.  Mr. Halsey stated that it is six to eight feet.  City Planner Tom Aiken stated that this zoning imposes building spacing requirements rather than setback requirements.  The building spacing requirements are 20’ minimum, and since the buildings on the adjoining property are in excess of 20’ from the property line, the proposed building is in compliance with the regulations.

Commissioner Byatt asked if it is possible to shift the condominium building to the west.  Mr. Halsey said they would prefer not to, but would rather provide additional landscaping on the neighboring property, so as to maintain access around the west side of the building.  After some discussion, Mr. Halsey then stated that the developer is willing to move the building four feet to the west, providing approximately 12-14 feet for landscaping on the developer’s property.

Chairman Boland declared the public hearing open for both petitions, and asked if there were any pro-ponents to speak in favor of SUB04-3 and/or Z04-2. 

Mr. John Kammerer, 547 Oak Tree Crossing, addressed the Commission, stating that he feels this is a good plan and would be interested in purchasing one of the condominiums.

There were no other proponents.

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

Mr. Roy Schlumpberger, 112 N. Holloway Road, addressed the Commission on behalf of the Board of Directors for Kehrs Mill Crossing Condominiums.  He asked the developer what ma-terials would be used to construct the condominium building, specifically what the east wall would look like.  Mr. Schlumpberger requested that no construction traffic or parking be al-lowed on Kehrs Mill Bend or Kehrs Mill Trail roads.  He also stated concerns about the close proximity of the building, loss of mature trees, and driveways being torn up.  He also requested that if any blasting is to be done, they would like a survey for damage via an independent seis-mograph reading.

Ms. Donna Corno, 223 Kehrs Mill Trail, addressed the Commission, stating her opposition to the development plan, primarily due to the close proximity of the building.  She submitted peti-tions to the Commission requesting that the developer be required to provide a larger setback.

Mrs. Charlene Rosche, 177 Kehrs Mill Bend Drive, addressed the Commission, stating her concern about how close the new street will be to her driveway, and parking for the new devel-opment.  

Mrs. Betty Fischer, 141 Holloway Road, addressed the Commission, stating her concern about increased traffic on Holloway Road.

Ms. Jan Weaver, 168 Kehrs Mill Trail, addressed the Commission, stating her opposition to the development plan, as well as confusion that may be caused by the name of the proposed development.     

Chairman Boland declared the public hearing closed. He asked Mr. Halsey to address some of the points that were brought up in the public hearing.  Mr. Halsey stated that the developer would put all the landscaping on their property, and pointed out that the spacing of the buildings is similar to that of the existing buildings in the surrounding neighborhoods.  Mr. Halsey stated that each unit would have space to park four vehicles without utilizing the street for parking.

Commissioner Erwin referenced Section 13 of the staff report, which states that the purpose of MXD zoning is not simply intended to be an option for higher density development.

Commissioner Byatt asked if it is possible to restrict the type of use for the proposed commercial building.  City Planner Aiken stated that as presented, it is restricted to professional and business offices.

A motion was made by Commissioner Erwin and seconded by Commissioner Kadane to recommend rejection of petition SUB04-3 to the Board of Aldermen.  A vote was taken with the following results:  Ayes:  Boland, Erwin, Kadane, Karr, and Reisel;   Nays: Gatton, Montgomery, and Byatt. 

A motion was made by Commissioner Byatt and seconded by Commissioner Montgomery to recom-mend rejection of petition Z04-2 to the Board of Aldermen.  The motion received unanimous approval by the members present.

SEPTEMBER MEETING
City Planner Aiken asked if the members of the Commission would be able to meet on September 7, as September 6 is the Labor Day holiday.  Chairman Boland will be unable to attend, but Ron Kadane will serve as Chairman in his place.  The September meeting of the Planning & Zoning Commission will be held on Tuesday, September 7, 2004.

ADJOURNMENT
A motion was made by Commissioner Gatton and seconded by Commissioner Erwin to adjourn the meeting.  The motion received unanimous approval.  The meeting was adjourned at 10:30 p.m.

Michael Boland, Chairman
Zoning Commission

LB