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
 
January 5, 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 
Michael Boland, Chairman                    Terry Byatt 
Phyllis Erwin                                              Russ Mandziara 
Ron Kadane                                              Ed Montgomery 
Frank Karr 
Tim Reisel 
Brad Underwood 
Alderman Kay Easter 
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 Reisel and seconded by Commissioner Underwood to approve the Minutes of the December 1, 2003 meeting after an amendment to delete former Commission member Dave Eichenauer’s name, since he is no longer a member.  The motion received unanimous approval by the members present.

SUE03-10 – Special Use Exception Petition (Entertainment Facilities) – Tony Marino’s Steaks & Chops – 15037 Manchester Road (Ballwin Village East) – Mr. Anthony Marino

Mr. Tony Marino addressed the Commission, requesting approval to have live entertainment on Friday nights (singer; two or three piece band; no dancing).  He stated that his landlord has an agreement with Target for additional parking (25 spaces) that can be used by the restaurant.

Commissioner Reisel asked Mr. Marino if he was asking for an SUE for entertainment on Friday nights only.  Mr. Marino said that he did not foresee having entertainment on any other night but Friday, other than private parties asking to bring in their own entertainment.  Commissioner Kadane asked City Planner Thomas Aiken whether that would be a change to the application, as the original application did not restrict it to Fridays.  Mr. Aiken stated that the Commission had the power to make that a condition of approval.  Several Commission members did not feel that it was necessary to limit the SUE to Friday nights only.

Commissioner Erwin raised a concern that the Commission did not have any control over the type of entertainment.  Chairman Boland explained that such control is a constitutional issue and the City of Ballwin cannot dictate the nature of the entertainment. This was confirmed by City Attorney Lucchesi.

Commissioner Erwin then pointed out that the letter accompanying the petition, which allowed for more parking in the Target parking lot, was dated 1972.  She questioned whether the letter was still valid.  Mr. Marino stated that his landlord had assured him that the agreement is still in effect, as Wolff Properties is paying a fee to the property owners of Target for this easement.  Commissioner Erwin felt that the Commission needed more of a guarantee that the permissions were still being granted.  Commissioner Kadane clarified that the amount of parking per seating is currently adequate and noted that seating capacity is reduced during the entertainment.  Alderman Easter asked whether Mr. Marino anticipated a lot of patrons standing in the bar area.  He replied that the entertainment would be for patrons who are there for dinner.

At Alderman Easter’s request, Mr. Aiken spoke about the recommendation that the SUE include the provision for the chief of police to hire security.  Mr. Aiken stated that code includes language that says the City can mandate, if necessary, that security be provided.  He stated that while he did not foresee a problem given the nature of the proposed entertainment, he felt it would be advisable to incorporate the language of the ordinance into the SUE.

Commissioner Kadane asked about the Acoustical Engineer’s report.  Mr. Aiken stated that, although it may not be an issue for this particular establishment as it is in a commercial site with no residences in close proximity in any direction, it is an ordinance requirement.  Chairman Boland questioned whether the Commission would be setting a precedent by not requiring the report.  City Attorney Lucchesi stated that the City should abide by the ordinance and require the Acoustical Engineer’s report.

Chairman Boland asked if there were any proponents to speak in favor of SUE03-10. 

There were none.

Chairman Boland asked if there were any opponents to speak against SUE03-10.

There were none.

Chairman Boland declared the public hearing closed.  A motion was made by Commissioner Kadane and seconded by Commissioner Reisel to recommend approval of petition SUE03-10.  The motion received unanimous approval from the Commission 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 stated that the public hearings for both of these petitions would be held simultaneously, and declared the public hearings opened.  Mr. Michael Doster represented the co-petitioners, Barry Simon Development and The Jones Company Homes on both petitions.

Mr. Doster presented the proposed subdivision development, The Villas at Meadowbrook, to be located on the Meadowbrook Country Club grounds and consist of 68 units – 32 single-family attached and 4 single-family detached – on approximately 26.4 acres of vacant land owned by Meadowbrook Country Club.  He stated that the co-petitioners are owners-under-contract, and will acquire the ground subject to zoning and other contingencies.

Mr. Doster requested a change in the zoning classification of the parcel from R-1 single family to PSD Planned Single Family Development.   Mr. Doster described the surrounding developments and stated that the proposed development compared favorably in terms of units per acre. 

Mr. Doster stated that a new plan was to be submitted to the Commission following the public hearing, which was the plan being presented at the meeting.  He pointed out that one of the differences in the new plan was eliminating two cul-de-sacs and connecting them as one street.

Mr. Doster addressed the stormwater issues, stating that most of the sheeting effect would be eliminated on the north end of the development, and the stormwater on the east and south ends would be piped out, and there would be no change on the west.  He stated that Soil Consultants Inc. (SCI) is investigating whether the wet areas on the site constitute wetlands; if they do, the petitioners are prepared to have SCI process the applications to obtain the necessary permits.

Mr. Doster noted that City policy requires 15-foot no-grade zone at the perimeter.  He stated that the petitioners plan to provide substantial landscaping at the points where the 15-foot zone cannot be met.

Mr. Doster also spoke to the traffic issues, stating that the proposed development is known as an “empty-nester” type of development, expecting that the residents will be primarily retirees and people without children, and that trip generation would be less than if the property were developed as a single-family detached under the current R-1 zoning. 

Mr. Barry Simon, president of Simon Homes, then addressed the Commission, speaking on the evolution of the development plan, as well as giving details on the designs and price range for the homes, which would run from $450,000 to $800,000+.   He stated that the indentures would not allow fences, swing sets, or swimming pools. 

Mr. Simon stated that the firm of Crawford-Bunte-Brammeier, traffic engineers, had compiled data relating to the traffic characteristics associated with attached housing.  Their study concluded that the proposed development would yield less automobile trips than if the current R-1 zoning remained in place.

 Commissioner Reisel asked Mr. Aiken what the equivalent Ballwin zoning to the surrounding the Chesterfield zoning.  Mr. Aiken replied that it varied between R-2 (12,500 sq. ft.) and R-3 (10,000 sq. ft.).  Commissioner Kadane asked whether a single family R-1 development was considered.  Mr. Simon stated that it had been considered, but topography would have made it difficult, and the Meadowbrook Country Club was concerned about traffic, noise, swing sets and trampolines in backyards, etc.  He said that traffic generation report confirms that an “empty-nester” development would generate approximately 20% less traffic than 41 single-family homes.

Mayor Jones asked how the marketability of the development would be affected by building the houses on the “Chesterfield side.”  Mr. Simon responded that the development was also designed with the Chesterfield residents in mind, so they would not have the view of back yards.

Commissioner Kadane questioned whether the distance from the west right-of-way line to the street was enough to include the 15-foot no-grade zone.  One of the members of the development team responded that the distance was 30 feet.  Commissioner Kadane also pointed out an eight-foot grade difference on the north end of the development.  A representative from Sterling Engineering addressed the issue, stating that the road would be lowered if necessary.

Commissioner Reisel asked whether the central detention basin was for the entire subdivision.  A member of the development team responded that there are two detention locations on the site, and that on the north side the runoff would be picked up via the existing stormwater system.  Commissioner Karr asked about the depth of the central detention basin; the answer was 10-15 feet deep, with no more than a three-foot fluctuation in water levels.

Commissioner Underwood asked what percentage of trees would be left after construction.  Mr. Simon stated that approximately 80% of the 15-foot buffer zone would be met.

Mayor Jones asked if the developer anticipated paying a recreation fee in lieu of park dedication in connection with the development.  The developers responded that they do expect to pay a fee, but were requesting a credit for recreational areas that they are able to provide, such as walking trails.

Chairman Boland asked if there were any proponents to speak in favor of SUB03-1 and/or Z03-8. 

There were none.

Chairman Boland asked if there were any opponents to speak against SUB03-1 and/or Z03-8.

Mr. Dennis Bolazina, 14-A North Central (Clayton), the attorney representing Sycamore Place, Meadowbrook Farms, Clarkson Estates, Kehrs Mill Bend, and Twin Estates at Meadowbrook subdivisions, addressed the commission.

     Mr. Bolazina stated the residents’ feeling that the zoning change was inappropriate for the neighborhood.  He requested that the Commission not review this proposed development on its own, but rather in light of possible sale of Meadowbrook Country Club and further development.

     Mr. Bolazina brought up several other points of concern, including stormwater runoff, lack of entrance/exit points, depth of the no-grade zone, the possible prior dumping of hazardous materials, and code compliance of the reconstructed Country Club parking lot.  He also stated that the adjoining lots are comparable to Ballwin’s R-2 zoning districts, but on average, are actually larger.

Mr. Joseph Hartnett, 15567 Meadowbrook Circle Lane, Chesterfield, Trustee for Twin Estates at Meadowbrook subdivision, addressed the commission, speaking against the proposed zoning change and the density of the proposed development plan.  He stated that the surrounding subdivisions consist of single-family detached homes on up to one-acre lots, and that retaining the R-1 zoning would be an appropriate transition between the subdivisions.

Mr. Bill B. Belmar, 15534 Wendimill Drive, Chesterfield, Trustee for Kehrs Mill Bend subdivision, addressed the commission, stating the residents’ concern regarding the grading for the change to the Country Club parking lot, as well as the lack of buffer between the properties in relation to loss of privacy and security.

Mr. Colin McCance, 2134 Terrimill Terrace, Chesterfield, Trustee for Sycamore Place subdivision, addressed the commission, speaking against the proposed development plan in relation to security.  He stated that the development would allow expanded access to their neighborhood and could encourage criminal activity, while inhibiting police response.  He requested a fence between the properties and additional evergreen plantings along the road.

Mr. Jeff Chaney, 2048 Parasol Drive, Chesterfield, Trustee for Meadowbrook Farms and Clarkson Estates subdivisions, addressed the commission, presenting concerns regarding water runoff.

Mr. Charles Anderson, 7 Meadowbrook Country Club Estates Drive, Ballwin, addressed the commission, stating his concerns over increased traffic.

Mr. Hayward Liebling, 69 Meadowbrook Country Club Estates Drive, Ballwin, Trustee for Meadowbrook Country Club subdivision, addressed the commission, stating the residents’ concerns regarding the zoning change, wear and tear on their streets due to additional traffic, and safety. 

Mr. Rich Brewer, 103 Meadowbrook Country Club Estates Drive, Ballwin, addressed the commission, stating his opposition to the density of the proposed development, as well as his concerns about water runoff and the cul-de-sac that would border his property.

Mr. Bob Quinn, 2174 Fairway Bend, Chesterfield, addressed the commission, questioning whether buffer zone would in actuality be 15 feet.  He also felt that Meadowbrook Country Club would eventually be sold, and changing the zoning of the vacant parcel now would be fiscally beneficial to the property owners in the future.

Mr. John Blattel, 11 Meadowbrook Country Club Estates Drive, Ballwin, addressed the commission, stating his concern about overdevelopment of the area.  He stated that he chose to live in Ballwin, and specifically Meadowbrook Country Club Estates, because of the large lots. 

Mr. Mark Brown, 12 Meadowbrook Country Club Estates Drive, Ballwin, addressed the commission, stating his opinion that Meadowbrook Country Club is selling the property to remain fiscally stable.

There were no other proponents or opponents.

Chairman Boland declared the public hearing closed.  Mayor Jones commented that while he felt the City did not have the right to prohibit a property owner from developing his property, this development and rezoning would be a departure from what is typical in the surrounding neighborhoods.  Commissioner Kadane raised a concern that the grading and detention on the north side needed clarification.  Commissioner Reisel stated that the Commission should be mindful of setting a precedent for future development.

A motion was made by Commissioner Reisel and seconded by Commissioner Erwin to hold petitions SUB03-1 and Z03-8 over until the February 2, 2004 meeting, pending additional reports and information to be submitted by the petitioners (more detailed landscaping survey and plan, detailed topographic survey of the buffer zone, and preliminary stormwater calculations for the northern side).  The motion received unanimous approval from the Commission members present. 

SUB03-2 – Subdivision Petition, and Z03-9– Zoning Ordinance Change – Adventure Learning Center Subdivision – Gateway Capital Corp -- 850 New Ballwin Rd  – Christopher J. Kersten

Chairman Boland stated that the public hearings for both of these petitions would be held simultaneously, and declared the public hearings opened.  Mr. Gary Crabtree addressed the commission as the agent for the property owner, Mr. Christopher Kersten, and as the prospective buyer of the property.  Mr. Kersten is proposing to change the zoning of the approximately 1.22-acre rear portion of the 2.77-acre tract of land commonly known as 850 New Ballwin Road from C-1 Commercial zoning to R-1 Single Family Zoning.  The present parcel is occupied by the Adventure Learning Center day care facility at this address on the western half; the eastern half of the site is undeveloped.  Mr. Crabtree described the modifications necessary to build a home on the site.

Chairman Boland asked if there were any proponents to speak in favor of SUB03-2 and/or Z03-9. 

There were none.

Chairman Boland asked if there were any opponents to speak against SUB03-2 and/or Z03-9.

There were none.

Chairman Boland declared the public hearing closed.  A motion was made by Commissioner Reisel and seconded by Commissioner Underwood to recommend approval of petition SUB03-2 to the Board of Aldermen.  The motion received unanimous approval from the Commission members present.

A motion was made by Commissioner Kadane and seconded by Commissioner Karr to recommend approval of petition Z03-8 to the Board of Aldermen.  The motion received unanimous approval from the Commission members present.

Z03-10 – Zoning Ordinance Changes – City of Ballwin – 14811 Manchester Road – Mr. Thomas Aiken

City Planner Thomas Aiken addressed the Commission on behalf of the City of Ballwin.  He presented the increase in petitioning fees for most of the zoning-related petitions that come before the Commission, which was passed by a majority of the voters of the City of Ballwin in November 2003.  Because it is an amendment to the zoning code, the Zoning Commission must approve them before they are adopted.

Chairman Boland confirmed that this petition did not require a public hearing.  A motion was made by Commissioner Kadane and seconded by Mayor Jones to recommend approval of petition Z03-10 to the Board of Aldermen.  The motion received unanimous approval from the Commission members present.  

ADJOURNMENT

A motion was made by Commissioner Erwin and seconded by Commissioner Reisel to adjourn the meeting.  The motion received unanimous approval.  The meeting was adjourned at 9:50 p.m.

Michael Boland, Chairman
Zoning Commission

LB