Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION MEETING

Donald “Red” Loehr Police and Court Center
300 Park Drive
April 6, 2015 • 7:00 P.M.

Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation. If one requires an accommodation, please call (636) 227-8580 V or (636) 527-9200 TDD or 1-800-735-2466 (Relay Missouri) no later than 5:00 p.m. on the third business day preceding the hearing. Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.

AGENDA / briefs

1. Call to Order

2. Approval of Minutes

3. Z 15-05 Zoning Ordinance Change (Zoning District Change from County R-2 to PSD)

4. SUB 15-03 Subdivision

Arbors at Churchill Subdivision, 265 Churchill Ln, Ballwin MO 63011
Petitioner: Ms. Jeannie Aumiller, Ellington Homes by McBride LLC, 16091 Swingley Ridge #300, Chesterfield MO 63017

Ellington Homes by McBride is proposing to change the zoning district classification of this approximately 3.5 acre site from County R-2 to PSD. A 6 lot detached single family subdivision with vehicular access via the extension of the street stub of Churchill Ln. is proposed.

5. Z 15-02 Zoning Ordinance Text Change

Self-Storage SUE
Petitioner: Mr. Steve Nolan, Nolan Real Estate Interests LLC, 4541 Belair Dr South, Suite 100, Ft Worth TX 76109

A petition has been received from Steve Nolan of Nolan Real Estate Interest, LLC, asking that Ballwin amend Article XIV of the Zoning Ordinance to make indoor self-storage facilities a use allowed by special use exception in the C-1 zoning district. Presently this use is not allowed in any zoning district in the city.

6. Z 15-03 Zoning Ordinance Change (Add Manchester Rd Revitalization Overlay Zoning)

7. SUB 15-01 Subdivision Plat Approval

Dunkin Donuts / EZ Storage, 14918 Manchester Rd, Ballwin MO 63011
Petitioner: Mr. Steve Nolan, Nolan Real Estate Interests LLC, 4541 Belair Dr South, Suite 100, Ft Worth TX 76109

Nolan Real Estate Interests LLC is requesting the application of a Manchester Road Revitalization Overlay district on top of the existing C-1 commercial zoning for the approximately 1.49 acre site commonly known as 14918 Manchester Rd. The site is currently occupied by two buildings. The front building, which is the former home of Ballwin Furniture, is presently unoccupied. The rear building is presently occupied by the Bullpen Brothers indoor batting cages business. Both buildings will be razed and replaced with new construction that will house a Dunkin Donuts restaurant on the front portion of the subdivided site and an EZ Storage indoor self-storage building on the rear portion of the site.

8. Adjournment

Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DR
April 6, 2015

The meeting of the Planning and Zoning Commission was called to order by Chairman Michael Wind at 7:02 p.m. Members in attendance were:

PRESENT                                                   ABSENT
Chairman Michael Wind                       Commissioner Chad Silker
Secretary Mark Weaver                       Commissioner Chris Wright
Commissioner Lynn Goetz
Commissioner Frank Karr
Commissioner Mike Utt
Commissioner Lisa Zimmerman
Alderman Michael Boland
Mayor Tim Pogue

Assistant City Administrator/City Planner Thomas Aiken
City Engineer Gary Kramer
City Attorney Robert E. Jones

Approval of Minutes

A motion was made by Chairman Wind and seconded by Mayor Pogue to approve the minutes of the March 2, 2015 meeting of the Planning & Zoning Commission as submitted. The motion received unanimous ap-proval from the Commission members present.

Z 15-05 Zoning Ordinance Change (Zoning District Change from County R-2 to PSD)
SUB 15-03 Subdivision
Arbors at Churchill Subdivision, 265 Churchill Ln, Ballwin MO 63011
Petitioner: Ms. Jeannie Aumiller, Ellington Homes by McBride LLC,
16091 Swingley Ridge #300, Chesterfield MO 63017

Ms. Aumiller addressed the Commission on behalf of the petitioner. She introduced Jeremy Roth, Vice President of Land Development for McBride & Son Homes, Josh Peterman of Ellington Homes by McBride, and Mike Boerding of Sterling Engineering.

Ms. Aumiller gave some background on McBride & Son Homes, and said that Ellington Homes by McBride caters to the luxury market in smaller subdivisions. She said that the petitioner is offering two luxury product lines that will be compatible with the surrounding single family subdivisions. Ms. Aumiller said the proposed development is consistent with the 2007 Comprehensive Plan.

Ms. Aumiller said the petitioner wants to preserve the mature trees at the rear of the site to act as a buffer to the neighboring lots. In order to do so, the zoning change to PSD has been requested to allow the homes to have a 20’ front yard setback rather than 40’.

Ms. Aumiller described the site and proposed development. The proposed development will be served by a single street ending in a cul-de-sac. There will be no homes at the cul-de-sac; that will be common ground owned by the homeowners’ association. The proposed subdivision will consist of six lots, the smallest of which is 12,585 square feet. The average lot size is 13,113 sq. ft., which is consistent with surrounding Ballwin R-2 zoned neighborhoods. The development will have 41% open space.
Ms. Aumiller said the proposed development exceeds R-2 zoning requirements in all aspects except the front yard setback.

The homes will have a 10’ side yard setback. She said none of the garages on the homes will exceed 50% of the home’s frontage. Building side entry garages will be available for Lots 1 and 4 only. Two- and three-car garages will be available for all lots. Ms. Aumiller showed some of the available floorplans and elevations that will be offered.

Alderman Boland asked if all the homes will have elements of brick and stone. Ms. Aumiller said most of the elevations have this, but not all of them do. Alderman Boland referred to the petition review report’s mention of monochromatic siding, and Ms. Aumiller said that the petitioner can make sure that the siding colors are more varied. Chairman Wind asked if that isn’t a buyer’s option. Ms. Aumiller said yes, but that McBride reserves the right to disallow building the same elevation/color side-by-side.

Alderman Boland asked about the price point. Ms. Aumiller said the homes will be offered from the mid-$300,000s up to $500,000.

Chairman Wind asked if the homes on Lots 1 and 6 could have a 25’ front yard setback, to provide a transi-tion from the existing homes to the other homes in the proposed development. Ms. Aumiller said that the curve in the road will provide the sense of a larger setback. The topography is prohibitive to a larger set-back.

Chairman Wind asked about sidewalks. Ms. Aumiller said the petitioner does not show a sidewalk all the way around the cul-de-sac, because to do so will result in a loss of mature trees. Commissioner Zimmerman asked about the species of the trees; are they considered hardy and worth saving? Ms. Aumiller said one is a 24” oak and the other is a 22” elm. Commissioner Zimmerman said that it may be inevitable that the roots of the trees will be damaged and the trees will be lost anyway.

Chairman Wind said he lives on a cul-de-sac and he feels that the sidewalk should go all the way around. He feels that it would be safer for children to be able to stay on the sidewalk around the cul-de-sac. Mayor Pogue said the rest of Churchill Lane has no sidewalks at all, so there is nothing to connect to. Commis-sioner Utt said that children will most likely play in the cul-de-sac anyway. Ms. Aumiller said a sidewalk is an added value, but the petitioner will do whatever the city requires.

Commissioner Karr asked about the detention basin. Jeremy Roth said that it will be a biodetention facility. It will be designed under the new MSD stormwater criteria, so it will function as both detention and water quality. It will not hold water all the time; during heavy rain, it may hold water for a day or so, but then it will filter down. Commissioner Karr asked about the elevation change from the cul-de-sac to the basin. Mr. Roth said it will be a 12’ grade change with a 3:1 slope. This is fairly typical for this type of facility.

Chairman Wind asked if the petitioner is in agreement with the issues raised in the petition review report. Ms. Aumiller said the petitioner will comply with all recommendations. The petitioner is opting to pay the fee in lieu of recreational space.

Chairman Wind opened the public hearing and asked if there was anyone to speak in favor of the petitions. No one came forward. Chairman Wind asked if there was anyone to speak in opposition to the petitions.

Mr. Ron French, 319 Claymont Cove Ct, lives behind Lot 4. He is not opposed to the petitions, but is concerned about the impact of stormwater runoff onto his property. He asked about the height of the retaining wall, and the construction schedule. He likes that there will be open space at the back of the property.

Mr. Roth said that the petitioner will have to meet the stormwater detention requirements of the City and MSD. Runoff cannot be increased and will have to be directed to the detention basin. This will be true dur-ing construction as well. Mr. Roth said the retaining wall will be a Versa-Lok wall, 12’ high with a fence/guard rail. He said the construction schedule will be determined after all approvals have been obtained through the City, likely in the spring or summer of 2016.

Mr. Joe Guerra, 300 Claymont Cove Ct, feels that the house built on Lot 6 should be as far from the rear property line as possible.

No one else came forward, and Chairman Wind declared the public hearing closed.

Commissioner Utt asked if the homeowner will be allowed to erect a fence. Ms. Aumiller said yes, and noted that the reason Ellington Homes is requesting smaller front yard setbacks is to allow the houses, such as the one on Lot 6, to be farther from the rear property line.

Commissioner Zimmerman asked if the grade is severe enough to warrant a retaining wall behind Lots 4, 5, and 6. Ms. Aumiller said that the engineers determined that only Lot 4 needs a retaining wall.

Chairman Wind said the only open issue is sidewalks. Alderman Boland said that he agrees with Mayor Pogue that a “sidewalk to nowhere” is not needed. Mayor Pogue said he doesn’t feel there is a benefit to having a stretch of sidewalk in front of six homes that doesn’t connect to anything. Alderman Boland asked if there are plans to build sidewalks on Churchill Lane. City Planner Aiken said 75% of the homeowners would have to submit a petition to the Board of Aldermen, who would then have to decide whether to spend the funds to build it. It’s more difficult to build sidewalks when a subdivision is already established.

City Planner Aiken noted the current subdivision regulations permit the builder to request a waiver to the sidewalk requirement, but the builder will have to pay the equivalent cost to Ballwin, which would go into a city sidewalk fund.

Chairman Wind made a motion to recommend approval of Petition Z 15-05 to the Board of Aldermen. Mayor Pogue seconded the motion, which received unanimous approval from the Commission members pre-sent.

Mayor Pogue made a motion to recommend approval of Petition SUB 15-03 to the Board of Aldermen, with the recommendation to waive the requirement for sidewalks with payment in lieu of sidewalk construction to the City of Ballwin, that Lots 1 and 4 have side entry garages, and that the petitioner introduce an enhanced color palette for the elevations. Chairman Wind seconded the motion, which received unanimous approval from the Commission members present.

Z 15-02 Zoning Ordinance Text Change
Self-Storage SUE
Petitioner: Mr. Steve Nolan, Nolan Real Estate Interests LLC, 4541 Belair Dr South, Suite 100, Ft Worth TX 76109

Z 15-03 Zoning Ordinance Change (Add Manchester Rd Revitalization Overlay Zoning)
SUB 15-01 Subdivision Plat Approval
Dunkin Donuts / EZ Storage, 14918 Manchester Rd, Ballwin MO 63011
Petitioner: Mr. Steve Nolan, Nolan Real Estate Interests LLC, 4541 Belair Dr South, Suite 100, Ft Worth TX 76109

Mr. Robert Klahr of Armstrong Teasdale addressed the Commission on behalf of the petitioner, requesting approval for a Dunkin Donuts restaurant as well as a drive-through fully enclosed self-storage facility. Mr. Klahr said that City Planner Aiken made it clear from the start that self-storage facilities are not a permitted use in any zoning district in Ballwin. An amendment to the zoning ordinance would be required to allow such a facility and significant consideration would have to be given to the benefits of such a project to the City of Ballwin.

Mr. Klahr said the petitioner worked with City staff to determine the City’s vision for the development. Based on the City’s comprehensive plan, preferred elements would include mixed use, a drive-through res-taurant that would be new to the city, it would allow reduction or elimination of full access from Manches-ter Road into the site, it would potentially provide cross-access to the property to the west, and it would maintain the current access easement between the site and the Ballwin Athletic Association. It could also provide additional parking for the ball fields. The petitioner has worked hard to try to create a project that attempts to meet the goals of the City.

Mr. Klahr said that Nolan Real Estate Interests is one of the top operators of self-storage facilities in the nation, having been in business for over 40 years. They construct and manage all of their own properties. The building is specifically designed to comply with the proposed zoning text amendment. The petitioner believes that the storage facility is a good use for the site and fulfills the recommendations of the compre-hensive plan. It would be difficult for a retail use to be developed on the parcel, given the limitations of the topography of the site.

Bill Bowman of Nolan Real Estate Interests said that he is a partner in the project. He said the prototype for this facility includes an interior drive-through access, which allows all parking, loading and unloading to occur within the building. There will be a resident manager on site, as well as an extensive surveillance system, and alarms on each individual door. Mr. Bowman said that the typical use is for business storage. Mr. Bowman said the existing building on the site is in a state of deterioration and disrepair. He described the site as it exists today and presented drawings showing what the proposed development will look like.

Mr. Klahr said that regarding the cross access easement to the CAP Carpet site to the west, the Ballwin Ath-letic Association members had expressed concerns regarding the safety of traffic in this area. The petition-ers are looking into ways to enhance the safety of this area.

Mr. J.D. Howell of Sterling Company addressed the Commission, describing access to the site and plans for ingress and egress to the site. Access into the Dunkin Donuts site will be a right-in only. Access to the EZ Storage facility will line up with the entrance to Olde Towne Plaza. The cross access to the CAP Carpet site will add 13 additional parking spaces. Outdoor parking for the storage facility will only be used at the ini-tial time of rental of the unit. There is parking inside the building when accessing the units.

Mr. Howell said stormwater detention will meet the City and MSD standards.

Mr. Bill Rowan, construction manager for Dunkin Brands, said the building will be built to “DD Green” specifications. This is Dunkin Brands’ program to promote a level of sustainability and energy efficiency. Mr. Jeff Kaiser with TRI Architects spoke on behalf of Dunkin Donuts. The drive-through stacking is 10 cars, which exceeds Dunkin Donuts corporate standards.

Ms. Shawn White of CBB addressed the Commission regarding the traffic impact study done for the site. Any modifications to access the site from Manchester Road are under the jurisdiction of MoDOT. MoDOT has been contacted and is in favor of moving the curb cut for the site farther from the Ballpark Drive inter-section and converting it to a right-in only access point.

Regarding trip generation to the site, while the EZ Storage is a larger building, it will generate very few trips. The Dunkin Donuts will generate more moderate trips, but the majority of the these will be from traf-fic already traveling east passing the site. The most traffic would be in the morning.

Ms. White said the traffic analyses found that the intersections near the site are expected to operate at an acceptable level of service both before and after the development. CBB also looked at drive-through queu-ing for the Dunkin Donuts. They measured three other Dunkin Donuts sites in the area and found that dur-ing the morning peak three-hour period, the maximum queue reached 9 vehicles at one location one time. The average was 5-6 vehicles; therefore the proposed storage of 10 is appropriate. CBB determined that the proposed parking for the EZ Storage is appropriate.

Mr. Howell elaborated on the stormwater plan, saying that the petitioner did an analysis to determine where the stormwater is currently draining and has attempted to maintain those drainage patterns. The under-ground detention shown on the plan will drain toward existing storm sewers to the west. The bioretention shown to the west of the underground detention is a volume reducing measure required by MSD that will also drain to the west. Mr. Howell described the landscape plan that was prepared to meet the requirements of the MRD.

Mr. Klahr summarized the three petitions before the Planning & Zoning Commission. The first is the request for the narrowly defined zoning ordinance change to provide for self-storage as a special use exception in the C-1 district. The second is the rezoning of the parcel to MRD, which will require a variance to the parking and loading regulations with respect to the amount of the lot that has a parking lot adjacent to public rights-of-way. The final petition is a request to subdivide the parcel into two.

Mr. Klahr said the petitioner will comply with the petition review report recommendations regarding the storage facility. Mr. Steve Nolan addressed the Commission and spoke about operations for the facility. He said that standard office hours are from 9:00 am – 6:00 pm Monday through Friday, and 9:00 am – 1:00 pm on Saturdays. Gate access hours are from 7:00 am – 9:00 pm seven days a week. There will be a resident manager on site.

Mr. Klahr said the petitioner is proposing to revitalize an underutilized and vacant property. This develop-ment will also help with access management from Manchester Road.

Commissioner Goetz asked where Dunkin Donuts drive-through customers will place their orders. Mr. Howell said the order station will be located at the rear corner of the building. Mr. Goetz asked about the ceiling height in the storage building. Mr. Howell said the main floor will have 14’ ceilings, and the two floors above would have approximately 10’ ceilings. Mr. Goetz asked if the main floor could be retail rather than storage. Chairman Wind said there is not enough parking to accommodate retail on that level with the proposed site plan.

Secretary Weaver asked how long the business model for the storage facility has been used. Mr. Nolan said more than 15 years. Secretary Weaver asked how many units this facility will hold, and what the ratio of business customers to residential customers is. Mr. Nolan said there will be approximately 680 units, with 40% expected to be commercial customers and the rest residential.

Mayor Pogue said that he has never has a resident or a business tell him that Ballwin needs more storage. Storage facilities are not currently allowed; he will not support this text change, and strongly opposes it. He feels this site can support a mixed use. The footprint of the building might have to change to accommodate parking, but he feels the owner of the property needs to realize the value of this property. Mayor Pogue said the property owner petitioned for the site to be removed from the TIF district, which the city allowed; how-ever, while other properties along the Manchester Road corridor have continued to be developed, this one has not. He feels that perhaps it is overpriced. Mr. Nolan said that the site constraints have a lot to do with the development stagnation. Mayor Pogue said there were similar constraints with the CAP Carpet site. He doesn’t feel that argument is valid.

Alderman Boland said he drove past the facility at Big Bend and I-44, and said he felt it looked very large. Mr. Nolan said that building is larger than what is proposed for this side. Mr. Boland asked how have con-cerns such as those raised by the mayor been addressed in other cities? Mr. Nolan said that the city leaders did research and asked the petitioner to compile data showing the customers who use the facility. Mr. Nolan said that businesses, especially small operators, can use the facility as a warehouse. It is an incubator space for entrepreneurs. It is a more low-impact use.

Commissioner Zimmerman asked about the traffic study and whether CBB included the impact on Ballwin Elementary School traffic in the morning. Ms. White of CBB said that school traffic was included in the traffic counts. The Manchester Road signalized timing was increased recently, which has given a smaller percentage of the signal time to traffic exiting Ballpark Drive.

Chairman Wind asked about security and storage of hazardous materials. Mr. Nolan said those items are prohibited in the lease, and there are security cameras that are monitored by the site managers, who also do daily walk-throughs. Mr. Wind asked if the customers provide their own locks, or does the manager have access to the units. Mr. Nolan said that management access to the units is provided for in the lease, as you would have in an apartment complex. Mr. Wind asked if there is radiation detection. Mr. Nolan said the facility does not have radiation detectors.

Chairman Wind asked about the manager’s hours. Mr. Nolan said the on-site manager is the only employee, and works approximately 40 hours per week. Commissioner Zimmerman asked about other security. Mr. Nolan said each unit has its own door alarm, which is deactivated when the customer’s code is entered at the gate. It is reactivated when the customer enters their code to leave. The facility’s interior is well lit.

Commissioner Zimmerman asked if motor vehicles are allowed to be stored in the units. Mr. Nolan said yes.

Commissioner Zimmerman asked if the Dunkin Donuts and the EZ Storage developments are linked. If the storage facility is not approved, could the Dunkin Donuts development not proceed? The petitioner said the two businesses are paired and the project would fail economically if either were denied.

Chairman Wind opened the public hearing, and asked if anyone wished to speak in favor of Petitions Z 15-02, Z 15-03, or SUB 15-01.

Mr. Michael Iszak, 1505 S Big Bend Rd, spoke on behalf of the property owners, his uncle and par-ents. Mr. Iszak said he has been intimately involved with the property for a long time. It has been marketed by different realtors to no avail. Prospective buyers cannot make the site work due to to-pography and are not willing to expend the funds to develop the rear of the site. He said the asking price has not been an issue.

Mayor Pogue said he agrees that the parcel would have to be split. He feels that mixed use would work for the rear of the site. Commissioner Zimmerman asked if the Ballwin Athletic Association has expressed an interest in occupying or developing the site. Mr. Iszak said that the storage facility is what is making the Dunkin Donuts possible, because they are willing to do the site work while not fronting on Manchester Road.

Mr. Nathan Goldstein, property owner, said he and Bernie Iszak have owned the property for more than 45 years. They have been actively trying to find a buyer for 10 years without success. They are supporters of the Ballwin Athletic Association and would never want to compromise the safety of the children.

Chairman Wind asked if anyone wished to speak in opposition to the petitions.

Mr. Vern Young, 238 Cleta Ct, President of the Ballwin Athletic Association. He doesn’t feel that Ballwin needs a storage facility. He is concerned about traffic safety from the cross-access roadway, as well as construction. He said the traffic study did not take baseball season into consideration.

Mr. Frank Jacobs, 16643 Evergreen Forest, board member of the Ballwin Athletic Association and business manager of IBEW Local 1. Will the developer be using local contractors, and will they be paying the area wage and standard benefit package?

No other opponents came forward, and Chairman Wind declared the public hearing closed.

Mr. Nolan said they have an open bid process for construction. Mr. Klahr said Dunkin Donuts intends to use local contractors and architects.

Mayor Pogue said there is a similar model to this storage facility in Ellisville which also offers office space, and has more than a 20% vacancy. He reiterated that he has not heard that storage facilities are needed in Ballwin. He doesn’t feel the City should change the ordinance. Mr. Nolan said that he feels that facility has operational issues and vacancies there do not reflect a soft market.

Alderman Boland said that he came into this meeting feeling as Mayor Pogue does; however, he has changed his opinion after the presentation. Ten years ago at the time of the creation of the comprehensive plan, no one knew this business model.

Commissioner Zimmerman asked if the units are climate controlled. Mr. Nolan said that some of them are.

Chairman Wind asked about the side of the Dunkin Donuts building. Aside from the coffee cup graphic, are there any other enhancements planned for the wall? Mr. Klahr said there are other elements that could dress up the building, and the petitioner would be happy to do so.

Chairman Wind asked what is behind the glazing on the first floor. Mr. Nolan said it is masonry wall. The windows are purely architectural details.

Chairman Wind said that he was on the fence, but is now in favor of the development. He sees it as a con-venience to businesses and residents. The property is a white elephant and this will upgrade the corner. The storage facility is not a bad looking building. Alderman Boland noted that even if the Planning & Zoning Commission recommends approval, the petitions will still be discussed by the Board of Aldermen.

Secretary Weaver made a motion to recommend approval of Petition Z 15-02 to the Board of Aldermen, contingent on inclusion of the recommendations of the petition review report and the requirement of the on-site resident management, and providing the petitioner obtain a variance from the Board of Adjustment. Chairman Wind seconded the motion. A voice vote was taken with the following result: Aye-Wind, Weav-er, Zimmerman, Karr, and Boland; Nay-Goetz, Utt and Pogue. The motion passed, 5-3.

Chairman Wind made a motion to recommend approval of Petition Z 15-03 to the Board of Aldermen, con-tingent on inclusion of the recommendations of the petition review report and enhanced architectural design of the Dunkin Donuts structure, and providing the petitioner obtain a variance from the Board of Adjust-ment. Secretary Weaver seconded the motion. A voice vote was taken with the following result: Aye-Wind, Weaver, Zimmerman, Karr, and Boland; Nay-Goetz, Utt and Pogue. The motion passed, 5-3.

Chairman Wind made a motion to recommend approval of Petition SUB 15-01 to the Board of Aldermen. Commissioner Zimmerman seconded the motion. A voice vote was taken with the following result: Aye-Wind, Weaver, Zimmerman, Karr, and Boland; Nay-Utt and Pogue. Commissioner Goetz abstained. The motion passed, 5-2.

Other Business

Chairman Wind noted that this meeting will be Alderman Boland’s last meeting. He thanked Mr. Boland for his service to the Planning & Zoning Commission and the Board of Aldermen.

Adjournment

Chairman Wind moved to adjourn the meeting. Mayor Pogue seconded the motion, which received unani-mous approval from the commission members present. The meeting was adjourned at 9:55 p.m.

Michael Wind, Chairman
Planning & Zoning Commission