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
 
October 6, 2003
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                          Brad Underwood 
Terry Byatt 
Phyllis Erwin
Dave Eichenauer 
Ron Kadane 
Russ Mandziara 
Ed Montgomery 
Tim Reisel 
Alderman Kay Easter 
Mayor Robert E. Jones 
Assistant City Administrator Tom Aiken 
City Attorney Lou Lucchesi

SWEARING IN OF NEW MEMBERS

Mrs. Terry Byatt, 214 Country Creek Court (Ward 1), was sworn in by Assistant City Administrator Thomas Aiken.  Mrs. Byatt replaces Mr. Michael Boland, who was appointed Chairman by Mayor Jones and sworn in at the June 2, 2003 meeting.

APPROVAL OF MINUTES

A motion was made by Commissioner Kadane and seconded by Commissioner Reisel to approve the Minutes of the August 4, 2003 meeting.  The motion received unanimous approval by the members present.

Z03-3 – Zoning Ordinance Change (Accessory Structure Regulations) – City of Ballwin – 14811 Manchester Road – Mr. Thomas Aiken, City Planner

Chairman Boland declared the public hearing opened.  City Planner Tom Aiken represented the City of Ballwin, requesting an amendment to the regulations dealing with accessory structures.  He stated that under the City of Ballwin code, sheds, garages, decks, retaining walls, fences and swimming pools are considered accessory structures if built on a parcel that already contains a main building.  Mr. Aiken stated that one of the regulations of accessory structures is that they must be built a minimum of 10 feet away from the main building, presumably as a safety measure, due to the fact that sheds and garages are typically used to store vehicles and flammable or hazardous materials.

Mr. Aiken stated that there has been confusion regarding whether decks are considered attached to the main building, requiring a swimming pool to be located 10 feet away from the deck.  Mr. Aiken recommended that the code regulations be amended so that non-roofed accessory structures would be allowed to be built adjacent to main structure, while maintaining the 10-foot setback for roofed and enclosed structures.

Mr. Aiken also recommended that the term “attached” be adjusted to mean “connected in such a manner that a substantial portion of a construction is supported by the structural members of the main structure on the premises.  A connection that involves only non-structural members of the main structure and/or the construction does not constitute ‘attached’ for the purposes of this section.”                                                                                                                 

Chairman Boland asked if there were any proponents to speak in favor of petition Z03-3. 

      There were none.

Chairman Boland asked if there were any opponents to speak against petition Z03-3. 

      There were none.

Chairman Boland then declared the public hearing closed.

Commissioner Montgomery made a motion to recommend that the Board of Aldermen approve petition Z03-3 as written.  Commissioner Erwin seconded the motion.  The motion received unanimous approval from the Commission members present. 

Z03-4 – Zoning Ordinance Change (Office Parking Standards) – City of Ballwin – 14811 Manchester Road – Mr. Thomas Aiken, City Planner

Chairman Boland declared the public hearing opened.  City Planner Tom Aiken represented the City of Ballwin, requesting a zoning ordinance change to the regulations for office parking requirements.  He stated that presently Ballwin’s regulations, which do not distinguish between general office and medical office, are 3 spaces for the first 1000 square feet of floor area and one space per 400 square feet in excess of 1000.  This averages out to approximately 2.8 spaces per 1000 feet.  Most office uses are in buildings that were built for retail uses and have parking provided at a rate of 5 spaces per 1000 square feet of floor area.  The few other office buildings in Ballwin were either built in conjunction with retail developments or were annexed in and had parking which complied with the requirements of St. Louis County.

Mr. Aiken recommended that a combined parking standard be adopted, which would increase the general office parking requirement to 4 spaces per 1000 square feet of gross floor area.  He feels that this would provide adequate parking without creating too large a paved area.

Chairman Boland asked if there were any proponents to speak in favor of petition Z03-4.

      There were none.

Chairman Boland asked if there were any opponents to speak against petition Z03-4. 

      There were none.

Chairman Boland then declared the public hearing closed.

Commissioner Reisel made a motion to recommend that the Board of Aldermen approve petition Z03-4 as written.  Mayor Jones seconded the motion.  The motion received unanimous approval from the Commission members present. 

Z03-5 – Zoning Ordinance Change (SW Annexation Area (1999) Rezoning) – City of Ballwin – 14811 Manchester Road – Mr. Thomas Aiken, City Planner

Chairman Boland declared the public hearing opened.  City Planner Tom Aiken represented the City of Ballwin, requesting a zoning ordinance change for the Southwest Annexation Area, which was annexed into and became a part of the City of Ballwin in November 1999.  He stated that any time a city annexes a piece of property, that property retains the St. Louis County zoning until such time that the zoning is formally changed.

Mr. Aiken presented a map to the Planning & Zoning Commission showing the area of annexation and describing his recommendations for changing the zoning classifications to comply with Ballwin’s zoning classifications.

Mr. Aiken recommended that the portions of the annexation area that are currently zoned County R-1A, R-2, R-3, and R-4 be rezoned to the Ballwin R-3 district.  He explained how St. Louis County developed a process of Planned Environmental Unit (PEU) approval process, which establishes a new set of regulations on a development-by-development basis.  In a PEU approval, the underlying zoning is rewritten.  This doesn’t change the zoning classification, but provides for different minimum (generally smaller) lot sizes and setbacks, which preserves open space and green space.  This allows the developer the option of not developing the whole site on a rough piece of ground.  Mr. Aiken stated that while the minimum lot sizes in these County zoning areas are larger than Ballwin’s R-3 zoning would allow, virtually all of them were approved under a PEU that allowed lots as small as 7500 square feet.

Mr. Aiken stated that the daycare site at the southeast corner of New Ballwin and Kiefer Creek Roads is presently zoned County C-2, which is very similar to Ballwin’s C-1 district, and he recommended that the parcel be rezoned accordingly.

Mr. Aiken recommended that the two Non-urban areas, as well as the C-8 zoning of the approximately 2.7 acre parcel of land at the northwest corner of New Ballwin and Kiefer Creek retain those zoning classifications.  Ballwin does not have comparable zoning classifications for these areas.

Commissioner Erwin asked whether residents along Kiefer Creek had expressed any concerns about the rezoning.  Mr. Aiken stated that he had received approximately 15 phone calls, all of which were requests for clarification of the proposed rezoning.  Most of the time, people thought the signs indicated a new development was being proposed.

Commissioner Reisel asked if someone could, at a later date, request a rezoning of the non-urban parcels.  Mr. Aiken stated that anyone could petition for rezoning at any time; however, the Planning & Zoning Commission was under no obligation to approve it.

Chairman Boland asked if there were any proponents to speak in favor of petition Z03-5. 

      There were none.

Chairman Boland asked if there were any opponents to speak against petition Z03-5. 

      There were none.

Chairman Boland then declared the public hearing closed.

Commissioner Kadane made a motion to recommend that the Board of Aldermen approve petition Z03-5 as written.  Commissioner Easter seconded the motion.  The motion received unanimous approval from the Commission members present.

Z03-6 – Zoning Ordinance Change (R4 Recreation Fees) – City of Ballwin – 14811 Manchester Road – Mr. Thomas Aiken, City Planner

Chairman Boland declared the public hearing opened.  City Planner Tom Aiken represented the City of Ballwin, requesting a zoning ordinance change for the R4 Zoning District, which requires that 15% of a multiple family site in that zoning district must be used for active recreational amenities.  This ordinance was written when large apartment complexes were being built and Ballwin did not have the recreational amenities that are available today.

Since 1983, single-family developers have had to provide 2 acres of land for park purposes, or provide a fee in lieu of the dedication of land. Mr. Aiken recommended amending the R-4 regulations to include this same option of providing a fee in lieu of recreational land dedication, using the same formula as in the single-family zoning regulations.

Chairman Boland asked if there were any proponents to speak in favor of petition Z03-6. 

      There were none.

Chairman Boland asked if there were any opponents to speak against petition Z03-6. 

      There were none.

Chairman Boland then declared the public hearing closed.

Commissioner Byatt made a motion to recommend that the Board of Aldermen approve petition Z03-6 as written.  Commissioner Kadane seconded the motion.  The motion received unanimous approval from the Commission members present.

Z03-7 – Zoning Ordinance Change (Accessory Dwellings) – City of Ballwin – 14811 Manchester Road – Mr. Thomas Aiken, City Planner

Chairman Boland declared the public hearing opened.  City Planner Tom Aiken represented the City of Ballwin, requesting a zoning ordinance change regarding “accessory dwellings.”  Mr. Aiken stated that the City is increasingly receiving requests for building permits to finish basements and convert garages to what are, for all practical purposes, second dwelling units to provide some independence for an additional family member.  In all cases, these are in single-family residential neighborhoods, which is technically a violation of the zoning code.  There cannot be two separate dwelling units on one parcel in a single-family residential neighborhood.

Mr. Aiken stated that the current code defines a dwelling unit as a place where people live, but does not clarify what minimum physical attributes make it a separate dwelling unit as opposed to a finished basement or garage.  Mr. Aiken recommended an amendment to the definition of single-family to retain most of the current definition, but also to add five elements that make up a dwelling unit.  If a proposed residential remodel provides all five aspects, it would constitute a separate dwelling unit, and would not be allowed.  The elements are: (a) sleeping facilities, (b) bathroom facilities not share by occupants of any other dwelling unit, (c) food preparation facilities, (d) a separate means of egress not requiring access or passage through a private portion of another dwelling unit, and (e) the ability to isolate and secure the unit from access to all other portions of the building of which it is a part.

Mr. Aiken stated that while initially these improvements would be made to accommodate a family member who wished to live independently, his concern was for when the house was sold and the buyer might decide to rent out the separate living space.  If only four of the five elements are in place, the negative scenario would be prevented, but it would not preclude providing a place for an independent living environment.

Mayor Jones stated his concern for the use of the term “accessory.”   He said that in Petition Z03-3, an accessory structure by definition had to be detached, and in this ordinance, by definition it would be attached to the main residential structure.  City Attorney Lucchesi stated that the term would be better changed to “secondary.”

Commissioners Byatt and Eichenauer expressed a concern that many homeowners are making such improvements to their homes for the purpose of entertaining and recreation, and this ordinance change would in effect make them in violation.

Mr. Aiken stated that no matter what standard is written, someone will be able to defeat it; however, this ordinance change would formalize it into code, which would help with enforcement.

Chairman Boland suggested a change to point (e) to so that rather than a door with a deadbolt to separate the unit from access, there would be a more permanent physical barrier.  Commissioner Byatt suggested changing the wording to say that the unit “is isolated” rather than it has the “ability to isolate.”

Chairman Boland asked if there were any proponents to speak in favor of petition Z03-7. 

Alderman Ray Lembke, 423 Gillham Court, stated his support for this petition. 

 Chairman Boland asked if there were any opponents to speak against petition Z03-7. 

      There were none.

Chairman Boland then declared the public hearing closed.

Commissioner Byatt made a motion to recommend that the Board of Aldermen approve petition Z03-7 with the change of the term “Accessory Dwelling Unit” to “Secondary Dwelling Unit” and change the wording of the criteria (e) to read “the unit is completely isolated from access to all other portions of the building of which it is a part.”  Commissioner Kadane seconded the motion.  The motion received unanimous approval from the Commission members present.

Chairman Boland announced that Commissioner Eichenauer will be moving to Wildwood and has tendered his resignation from the Planning & Zoning Commission.

Mr. Aiken announced that no meeting would be held in November.

ADJOURNMENT

A motion was made by Commissioner Eichenauer and seconded by Mayor Jones to adjourn the meeting.  The motion received unanimous approval.  The meeting was adjourned at 8:25 p.m.

Michael Boland, Chairman
Zoning Commission

LB