Planning and Zoning Commission Meeting

Meeting Agenda

Meeting Minutes

Planning and Zoning Commission Meeting Minutes

RECORD OF PROCEEDINGS

MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE
February 2, 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 
Michael Boland, Chairman                          Russ Mandziara 
Terry Byatt                                                        Brad Underwood 
Phyllis Erwin 
Ron Kadane 
Frank Karr 
Ed Montgomery 
Tim Reisel 
Alderman Kay Easter 
Mayor Robert E. Jones 
Assistant City Administrator Tom Aiken 
Doug Warren, for 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 5, 2004 meeting.  The motion received unanimous approval by the members present.

SUB03-1 – Subdivision Petition, and Z03-8 – Zoning District Change – Barry Simon Development and The Jones Company Homes LLC – 632 Trade Center Blvd. – Mr. Barry Simon

Chairman Boland reminded the audience that the public hearings for both of these petitions were held at the previous meeting on January 5, 2004, and have been closed.  Chairman Boland stated that the Commission did receive several letters from concerned parties and that they had reviewed them. 

Mr. Michael Doster represented the co-petitioners, Barry Simon Development and The Jones Company Homes on both petitions.  Mr. Doster addressed the points of concern that were brought up at the public hearing on January 5, 2004, and outlined in a letter from City Planner Thomas Aiken.

Mr. Doster stated that, in response to Mr. Aiken’s letter, the petitioners submitted revised subdivision and development plans on January 20, 2004.  After reviewing the revised plans, Mr. Aiken issued a memo to Chairman Boland and the Commission, addressing the four areas of concern: storm water computations, tree census and landscaping plan, cross-sections, and Country Club parking. 

Mr. Doster stated that in his memo, Mr. Aiken recommends more plantings and screenings than the revised plans showed.  Mr. Doster stated that a letter was submitted to the City in which the petitioners accept the recommendations and are prepared to implement them.

Chairman Boland confirmed that Mr. Doster was referring to the recommendation that the new plantings should provide 75% visual screening.

Mr. Doster stated that since the January Planning & Zoning Meeting, the petitioners had met with the trustees of Meadowbrook Country Club Estates, and that subsequently, the trustees issued a letter withdrawing their objections and supporting the revised plans.  Chairman Boland stated that each member of the Commission received a copy of that letter.

Mr. Doster presented a series of cross-sections depicting the grade at various points along the perimeter of the development.   Commissioner Byatt asked why the petitioners felt they would not be able to meet the 15-foot no-grade zone for the entire development, and how many ungraded feet the area in question would include.  She stated her concern for the mature trees on the other side of the property line, and asked that the petitioners make every possible effort to preserve them.  Mr. Doster and Mr. Simon stated that they would comply with that request, and requested that they would like to have the option of making a case to City Planner Aiken for each specific area where the 15-foot no-grade zone cannot be maintained while at the same time protecting the trees. 

Commissioner Byatt asked Mr. Aiken whether that would be adequate.  Mr. Aiken stated that would probably be workable, since this review is of a preliminary plan that does not include that level of detail.  A final plan will have to be submitted, detailing exactly what the circumstances are, and the Commission can adjudicate accordingly.

Commissioner Kadane stated his concern that the implementation of the underground detention structure on the north side of the development would also violate the no-grade zone.  Mr. Simon stated that the use of an underground detention basin is a solution in response to concerns about water runoff to adjoining properties.  Commissioner Byatt asked why it couldn’t be built under the road.  City Planner Aiken answered, stating that the detention basin is a private facility.  It will be subject to maintenance and the City would not want such a facility under its street.  He stated that it would be up to the Board of Aldermen, but the City could legally grant an easement to the subdivision association to allow the detention basin to come into the right-of-way, with the necessary provisions that the trustees would be responsible for upkeep, maintenance and any damage to City property.

Commissioner Karr asked who would be responsible for the maintenance of the landscaping and sprinkler system along the whole perimeter of the property.  Mr. Simon and Mr. Doster replied that the homeowner’s association would have an indenture imposing that obligation on all homes, as well as responsibility for both detention basins.

Commissioner Byatt asked how long the 75% visual screen was guaranteed; for example, will dead trees be replaced?  Mr. Aiken stated that the landscaping plan that will be submitted will be adopted as part of the development plan, and the association would be required to maintain it.

Commissioner Byatt asked Mr. Aiken to address the issue of density.  He stated that the density of this development, when considering the entire site including common ground, comes out to approximately 2.58 units per acre, which is not inconsistent with the density of the adjoining subdivisions in Chesterfield.

Commissioner Kadane stated his concern that the zoning changes would have a negative impact on the neighboring subdivisions, relating to the construction.  Mayor Jones stated that the constructibility issues would remain the same even if the zoning classification remained the same.

A motion was made by Commissioner Byatt and seconded by Commissioner Montgomery to recommend approval of petition SUB03-1 to the Board of Alderman, based on compliance with the Planning & Zoning Commission’s recommendations that any grading and work infringing on the no-grade zones would be done to the satisfaction of the City, the detention pipe details be well-defined, and a landscaping, screening, and irrigation plan would be in place which would require the homeowners association to maintain it.  A vote was taken with the following results:  Ayes:  Boland, Byatt, Erwin, Easter, Jones, Karr, and Montgomery; Nays:  Kadane and Reisel.

A motion was made by Commissioner Byatt and seconded by Commissioner Montgomery to recommend approval of petition Z03-8 to the Board of Alderman, per the recommendations of the staff review report.  A vote was taken with the following results:  Ayes:  Boland, Byatt, Erwin, Easter, Jones, Karr, and Montgomery; Nays:  Kadane and Reisel.

Z03-11– Zoning Ordinance Change, and SUB03-3 – Subdivision Petition – Ballwin Pointe Commons -- Fischer & Frichtel Inc. – 695 Trade Center Blvd, Suite 200 – Mr. John Fischer

Chairman Boland stated that the public hearings for both of these petitions would be held simultaneously.  Mr. John King, attorney for the petitioners, addressed the Commission.

Mr. King presented the development plan submitted by Fischer & Frichtel requesting a zoning district change from S-1 Service District (light industry) to R-4 Planned Multiple Family Development District, as well as approval of a 74-unit subdivision (Ballwin Pointe Commons) for a 12.11-acre parcel of land commonly known as the Multiplex property at 248 Ballwin Commons Drive.

Mr. King described the proposed development, stating that there would be 74 units for sale.  In the middle of the tract, there would be 57 single-family attached units, ranging in size from 1300-1400 square feet, selling for $170,000-$225,000.  At the rear of each unit would be a private roadway 20 feet wide accessing the garages.   Around the perimeter of the site would be 17 single family detached homes, ranging in size from 1800-3000 square feet, with the cost ranging from $250,000-$350,000.  Mr. King described the location of a detention pond, buffer areas, and fencing.

Mayor Jones stated his opposition to the single-family lots being smaller than the minimum allowed in the R-3 district, adding that the Commission had rejected an earlier petition for a smaller lot zoning classification, and that rezoning for planned multiple-family units should not be used as an opportunity to diminish the size of single-family lots.

Commissioner Byatt and Commissioner Karr questioned whether the 20’ roadway behind the multi-family units was wide enough to accommodate trash trucks and snow removal equipment.  Mr. King stated that the development would contract with companies that would be able to work in that space.

Commissioner Montgomery stated that he felt the single-family attached homes portion of the plan is too dense. 

Mr. King stated that the attached single-family portion of the development is targeting empty nesters who would like to remain in the City but not have the work of maintaining large lots and the exterior of the home.

Alderman Easter said that she liked the concept of the proposed development, but would like to see larger lots for the single-family detached homes.

Chairman Boland opened the public hearing, and asked if there were any proponents to speak in favor of SUB03-3 and/or Z03-11.  There were none.

Chairman Boland asked if there were any opponents to speak against SUB03-3 and/or Z03-11.

Mr. Tim Pogue, 418 Bush Drive, addressed the commission, expressing his concern about the small lot sizes, high density of the attached homes, and increased traffic.  He felt the lot sizes and lack of common ground did not fit in with the surrounding neighborhoods, and that 10 feet between buildings is too close.

Mrs. Barb Lochmann, 231 Bitterwood Drive, addressed the commission, stating her concerns about the location of the property lines, common ground and stormwater detention.

Mrs. Shirley Mergenovich, 230 Bitterwood Drive, addressed the commission, stating that she was very concerned about the high density, and lack of common ground.  She stated her concern about the demolition of the Multiplex property, and the removal of asbestos from that site.

Chairman Boland asked if anyone else wished to speak.  Hearing none, he declared the public hearing closed.  Commissioner Kadane asked if the petitions could be tabled until the March 1, 2004, meeting to give the petitioners the opportunity to revise the site plan to address the concerns that were raised.  Commissioner Byatt also asked the petitioner to secure names of contactors willing to bid on the small jobs of trash and snow removal.   Chairman Boland asked if the petitioner agreed with the tabling of the petition until March 1, 2004 to allow time for a revised plan to be assembled and submitted.  Mr. King and the petitioner agreed to this.

A motion was made by Commissioner Montgomery and seconded by Mayor Jones to hold petitions SUB03-3 and Z03-11 over until the March 1, 2004 meeting.  The motion received unanimous approval from the Commission members present.

ADJOURNMENT

A motion was made by Commissioner Erwin and seconded by Commissioner Kadane to adjourn the meeting.  The motion received unanimous approval.  The meeting was adjourned at 9:29 p.m.

Michael Boland, Chairman
Zoning Commission

LB