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 3, 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                       Russ Mandziara 
Mike Boland  
Phyllis Erwin  
Dave Eichenauer  
Ron Kadane  
Tim Reisel
Frank Rogers  
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 and seconded to approve the Minutes of the January 6, 2003 meeting. The motion received unanimous approval.

SPA02-1 – R-4 Site Plan Amendment – Holloway Ridge Court Condominium Association – 319 Holloway Ridge Court – Mr. Howard Holgate

Chairman Cox declared the public hearing opened. Mr. Howard Holgate, President of the Holloway Ridge Court Condominium Association, spoke on behalf of the residents.

Mr. Holgate presented a petition asking that the walking trail shown on the approved site plan not be constructed around the perimeter of the subdivision. He claimed that construction of the trail would not be in the best interest of the residents as it would jeopardize their security and invade their privacy, and that the residents did not intend to use it as it would be too dangerous to navigate. He also stated that some residents were not aware that the proposed trail was part of the plan.

Mr. Holgate distributed photos of several sites where the trail would be located, which indicated the close proximity of the trail to the homeowners’ decks. He also stated that he believes the topography does not allow for proper construction of the walk. He feels that in some instances the walls will have to be relocated to accommodate the proposed trail.

Chairman Cox stated that while he is sympathetic to the homeowners’ situation, the proposed alternative plan does not meet the minimum requirement of the R-4 code. He stated that the Petitioner might be able to go before the Board of Adjustment.

Commissioner Reisel suggested that the developer buy back and eliminate a housing unit to provide the minimum area required for recreation.

City Attorney Lou Lucchesi stated that the developer could go before the Board of Adjustment for a variance to allow the modification of the site plan if he could make a case for hardship.

Commissioner Eichenauer acknowledged that the Board of Adjustment would be the proper vehicle to petition for the modification, stating that the Planning and Zoning Commission could not change ordinances, and had no choice but to recommend rejection of this petition. City Attorney Lucchesi confirmed that the Planning and Zoning Commission does not have the authority to approve the petition.

Alderman Easter asked whether the builder should be involved when going before the Board of Adjustment, since there are still items on the punch list (including the walking trail) that have not been completed. City Attorney Lucchesi stated that it would be beneficial for both parties to appear before the Board of Adjustment.

Commissioner Reisel asked whether walking trails had to be designated as such, stating that Castlewood Park has walking trails that are not improved, they are just dirt trails. City Planner Aiken stated that the plan includes specifications as to how the trail around Holloway Ridge subdivision is to be built. The plan states that it is to be a mulch trail protected by railroad ties.

Commissioner Kadane asked whether the developer has turned the common ground property over to the association. Mr. Holgate stated that the homeowners’ association does not yet have ownership of the common ground.

Alderman Easter referred back to Commissioner Reisel’s question regarding the composition of the trails, asking whether it could be a designated trail without installing the mulch and railroad ties and thereby comprise the 15% required by ordinance. City Attorney Lucchesi stated that it would be possible to leave the trail where shown, but amend the design of the trail to allow it to remain grassy. He felt, however, that this resolution could relieve the developer from his responsibility, reducing leverage with which to have him complete the remaining items on the punch list.

Chairman Cox asked if there were any proponents to speak in favor of petitions SPA02-1.

Mrs. Priscilla Miller, 324 Holloway Ridge Ct., asked why the sidewalks in front of the homes don’t qualify for the recreational amenity requirement. City Planner Aiken stated that they cannot count toward the requirement because they are in the public right-of-way.

Mr. John Barker, 314 Holloway Ridge Ct., asked whether the Planning and Zoning Commission could make recommendations to the Board of Adjustment. Mayor Jones responded that the Planning & Zoning Commission will not and cannot do so, as the Board of Adjustment is an administrative body that will look at the facts and make a decision, but the minutes of this meeting could be provided by the petitioner.

Mrs. Hanh Krause, 327 Holloway Ridge Ct., proposed that a gazebo be built at the end of the picnic area. Alderman Easter pointed out that a gazebo would not fulfill the "active recreation" requirement, and Commissioners Erwin and Eichenauer noted that it would not be big enough, as it would need to be 12,000 more square feet of area.

There were no other proponents.

Chairman Cox asked if there were any opponents to speak against petitions SPA02-1.

There were none.

Chairman Cox then declared the public hearing closed.

Commissioner Reisel made a motion to recommend that the Board of Aldermen reject the petition SPA02-1. Commissioner Eichenauer seconded the motion. The motion received unanimous approval.

ADJOURNMENT

A motion was made by Commissioner Boland and seconded by Commissioner Underwood to adjourn the meeting. The motion received unanimous approval. The meeting was adjourned at 7:40 p.m.

James V. Cox, Chairman
Zoning Commission

LB