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

April 7, 2003

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

PRESENT                                                                                          ABSENT 
Jim V. Cox, Chairman                                                         Alderman Kay Easter
Mike Boland                                                                          Frank Rogers
Phyllis Erwin                                                                        Brad Underwood
Dave Eichenauer                                                                City Engineer Gary Kramer
Ron Kadane  
Russ Mandziara  
Tim Reisel  
Mayor Robert E. Jones  
Assistant City Administrator Tom Aiken  
City Attorney Lou Lucchesi  

APPROVAL OF MINUTES

A motion was made and seconded to approve the Minutes of the February 3, 2003 meeting. The motion received unanimous approval by the members present.

Z03-1 – Zoning Ordinance Change (NW Annexation Area Rezoning) – City of Ballwin – 14811 Manchester Road – Mr. Thomas Aiken, City Planner

Chairman Cox declared the public hearing opened. City Planner Tom Aiken represented the City of Ballwin, requesting that the St. Louis County R-2 Single Family Zoning classification of the Cla-Ter-Ri, Meadowcrest, and Coppersmith Place subdivisions, which occupy approximately 49 acres on the north side of Clayton Road approximately 4400 feet west of Kehrs Mill, be changed to the Ballwin R-2A zoning classification.

Mr. Aiken stated that the area was annexed into Ballwin in 1999. As a part of the process of annexation, the City must present an annexation plan of intent, which asks among other things for the City’s plan for zoning in the area. Areas that have St. Louis County zoning at the time of annexation would, by law, retain that zoning. It is Ballwin’s procedure to wait until all development has been completed, and then entertain a proposal to change the zoning classification from that of St. Louis County to the closest approximate zoning classification that the City of Ballwin has.

Mr. Aiken described the Northwest Annexation and surrounding areas, stating that the area is fully developed in single family residential developments and is zoned St. Louis County R-2 (15,000 square foot lots). He stated that the density allowed by Ballwin R-2A is essentially identical that of St. Louis County R-2, so it will not be impacting the fundamental nature of development allowed in the area. However, the St. Louis County zoning district is structured differently and allows for certain uses by special use exception that Ballwin does not allow by special use exception. By changing to a Ballwin district classification, residents wishing to erect a shed or an addition to their home must comply with the same standards that apply to all other Ballwin single family residential districts.

Commissioner Eichenauer asked whether there was room for any sort of development in this annexation area. Mr. Aiken replied that while someone theoretically could buy several houses and redevelop the land, at this time there are no large tracts or vacant parcels; the area is fully developed in single-lot subdivisions.

Commissioner Kadane asked if the City, rather than the residents, could initiate this zoning classification change. Mr. Aiken stated that it is his understanding that the City is allowed to initiate the change, provided that proper procedure is followed. Commissioner Kadane asked whether this change would have an impact on the reassessment value. Mr. Aiken stated that he was unaware of any such impact in previous zoning changes.

Chairman Cox asked if there were any proponents to speak in favor of petition Z03-1.

There were none.

Chairman Cox asked if there were any opponents to speak against petition Z03-1.

There were none.

Chairman Cox then declared the public hearing closed.

Commissioner Kadane made a motion to recommend that the Board of Aldermen approve petition Z03-1. Commissioner Mandziara seconded the motion. The motion received unanimous approval from the Commission members present.

Z03-2 – Zoning Ordinance Change (Virginia Lee Manor Annexation Area Rezoning) – City of Ballwin – 14811 Manchester Road – Mr. Thomas Aiken, City Planner

Chairman Cox declared the public hearing opened. City Planner Tom Aiken represented the City of Ballwin, requesting that the St. Louis County R-4 Single Family Zoning classification of the Virginia Lee Manor Subdivision, The Windy Acres Subdivision, the western portion of Hallmark Place Subdivision, 707 Reinke Road, the western parcel at 703 Reinke Road, and the rear parcels at 243, 256, 271, and 275 New Ballwin Road, which jointly occupy approximately 27.5 acres on the north side of Reinke Road approximately 250 feet west of New Ballwin Road be changed to the Ballwin R-3 zoning.

Mr. Aiken stated that the area was annexed into Ballwin in 1999. Mr. Aiken described the Virginia Lee Manor Annexation and surrounding areas, stating that the area is currently zoned St. Louis County R-4 single-family residential district, not to be confused with Ballwin R-4, multi-family zoning classification. The St. Louis County R-4 zoning classification allows 7,500 square foot lots; however, Ballwin has no zoning classification with lots that small. The closest Ballwin zoning classification is R-3, which allows lots as small as 10,000 square feet. Mr. Aiken stated that most of the zoning around the annexation area is Ballwin R-3.

Chairman Cox asked whether there are any developable lots in this annexation area. Mr. Aiken stated that all the platted lots are built at this time, although there is one 3-acre parcel that could be subdivided.

Commissioner Mandziara asked whether the City of Ballwin is aware of anything in process that would change with the rezoning. Mr. Aiken stated that nothing has been formally brought to the City, but he understands that the owner of the vacant 3-acre parcel (707 Reinke Road) has some concerns.

Chairman Cox asked if there were any proponents to speak in favor of petition Z03-2.

Mr. Drew Barnholtz, 132 Windy Acres Estates Drive, stated his concern that the higher density of St. Louis County R-4 zoning creates excessive traffic.

Chairman Cox asked if there were any opponents to speak against petition Z03-2.

Ms. Marisa Byram, attorney for Sharon Morlang (executrix of the estate of Paul Heinsius of 707 Reinke Road), spoke on behalf of Mrs. Morlang, stating that this property is for sale, and the proposed rezoning would negatively impact the plans for redevelopment which are under negotiation at this time, which are based on the 7500 square foot lot size. She requested that the petition be tabled until the next meeting of the Commission to allow her client the opportunity to sell and develop the parcel.

Mayor Jones stated that it is his understanding that this rezoning has been an ongoing process since the annexation in 1999, and the City of Ballwin has no zoning classification for single family residential lots less than 10,000 square feet. Mayor Jones feels that if the City were to postpone this rezoning until a petition and improvement plan were brought before the City it would be difficult to be consistent and true to the City’s development plan. He feels that the City should move forward with this zoning petition.

Chairman Cox reminded Ms. Byram that the Planning and Zoning Commission makes a recommendation to the Board of Aldermen, who makes the final decision.

There were no other opponents.

Chairman Cox then declared the public hearing closed.

Commissioner Reisel made a motion to recommend that the Board of Aldermen approve petition Z03-2. Commissioner Mandziara seconded the motion. The motion received unanimous approval from the Commission members present.

ADJOURNMENT

A motion was made by Commissioner Reisel and seconded by Commissioner Erwin to adjourn the meeting. The motion received unanimous approval. The meeting was adjourned at 7:35 p.m.

James V. Cox, Chairman
Zoning Commission

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