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 6, 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               Dave Eichenauer
Mike Boland                                Ron Kadane 
Phyllis Erwin                               Frank Rogers
Russ Mandziara
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 and seconded to approve the Minutes of the November 4, 2002 meeting. The motion received unanimous approval. A motion was made and seconded to approve the Minutes of the December 2, 2002 meeting. The motion received unanimous approval.

SUE02-6 – Special Use Exception Petition (Outdoor Storage, Sale, and Display of Gardening Supplies) – Cottage Furnishings – 15581 Manchester Road (Farber Center) – Ms. Terri Howard

This public hearing had been continued from the December 2, 2002 meeting of the Planning and Zoning Commission. Chairman Cox stated that Tom Aiken received verbal confirmation that the petition had been withdrawn, and declared the public hearing closed.

Z02-5 – C-8 Preliminary Site Plan Approval – International Exchange Corp. – #6 The Pines Ct., St. Louis MO 63141 – Mr. Christopher Kersten

SUE02-7 – Special Use Exception Petition (Front Yard Parking) – Commercial Development at 1180 New Ballwin Oaks– International Exchange Corp. – #6 The Pines Ct., St. Louis MO 63141 – Mr. Christopher Kersten

It was determined that since both petitions involved the review of the same site development plan that the public hearings would be combined.

Chairman Cox declared the public hearing opened. Mr. Gary Crabtree, speaking on behalf of the International Exchange Corporation (IEC), presented the proposed preliminary site plan for the approximately 2.6-acre property at the northwest corner of New Ballwin and Kiefer Creek Roads. He stated that the property has been zoned C-8 Commercial since 1982 by St. Louis County, and was annexed into the City of Ballwin in 1999. Mr. Crabtree described the physical setting of the site, the proposed use of the site, and the proposed site improvements.

Mr. Crabtree stated that two buildings were planned for the site, with Building B to be built first. Building B will house a day care center (which will be operated as an adjunct to the existing day care center across the street) and will have an adjoining playground. He stated that the anticipated occupancy for the rest of the building would be office space and possibly a dry cleaner.

Mr. Crabtree stated that IEC had no problems with the recommendations of the staff report. He stated that additional landscaping had been provided, as well as a single entrance to the site, directly across the street from the existing day care center. Mr. Crabtree stated that IEC had verification from MSD that detention for the site was designed to accommodate the commercial site when the adjoining New Ballwin Oaks subdivision was developed.

Commissioner Mandziara asked Mr. Crabtree if IEC had received the memo from the New Ballwin Oaks homeowners association, and whether they had any comments or concerns regarding the issues addressed in the memo. Mr. Crabtree stated that they felt they had complied with many of the concerns brought up by the homeowners.

Commissioner Erwin expressed a concern about the need for a left turn lane access into the site. She asked whether a traffic count exists for that area. City Planner Tom Aiken stated that New Ballwin Road is owned and maintained by St. Louis County, so the City of Ballwin is unable to mandate any modifications to the street; the city can only make recommendations. Ballwin has no traffic volume records for this section of New Ballwin Road at the New Ballwin/Kiefer Creek intersection.

Commissioner Boland asked whether the site preparation for the future Building A will be finished in the first phase. Mr. Crabtree stated that the Building A site will be graded and put into a finished state with all the parking lot and walls built. The site for Building A will be a grassy pad and will be maintained until the building is completed.

Chairman Cox asked if the chain link fence issue had been resolved. Mr. Crabtree stated that IEC would like to use vinyl-coated chain link fencing, which would blend into the surrounding landscaping. Discussion was held regarding fencing materials as well as the recommendations of the staff report to compromise and use the vinyl-coated chain link fence along the landscaped area with the decorative wrought-iron look fence to be used around the daycare center playground and along New Ballwin Oaks Drive. Mr. Christopher Kersten of IEC agreed to place the decorative (wrought-iron look) fence around the daycare area. After additional discussion regarding the fencing, Mr. Kersten offered to place the decorative fence along the New Ballwin Oaks frontage, but not around the daycare playground area.

Commissioner Mandziara asked whether IEC was prepared to replace landscaping put into place by the New Ballwin Oaks homeowners, should it be damaged in any way. Mr. Crabtree stated that IEC would do so.

Chairman Cox asked if there were any proponents to speak in favor of petitions Z02-5 and SUE02-7.

Two residents came forward:

Mr. Mark Korte, 1160 New Ballwin Oaks Ct., and Mr. Don Runyon, 819 New Ballwin Oaks Ct., both trustees of the New Ballwin Oaks Homeowners’ Association, addressed the Commission, stating that they welcome development of the site; however they did have some concerns. Mr. Korte spoke on behalf of Mr. Runyon and other homeowners.

The homeowners of New Ballwin Oaks would like decorative fence to run along the top of the wall between the commercial development and their subdivision. Mr. Korte pointed out that subdivision indentures prohibit chain link fences within the subdivision. They are not opposed to a chain link fence surrounding the daycare playground. Chairman Cox noted that the commercial development is not technically part of the New Ballwin Oaks subdivision.

Mr. Korte expressed the homeowners’ desire to have the New Ballwin/Kiefer Creek Roads’ intersection to be a four-way stop, rather than the existing two-way stop. They would also like to have the deceleration lane that leads to the subdivision continued to the plaza entrance.

Mr. Korte also expressed the homeowners’ preference as to businesses that would occupy space the plaza: they do not want gas stations, restaurants, or 24-hour operations.

There were no other proponents.

Chairman Cox asked if there were any opponents to speak against petitions Z02-5 and SUE02-7.

There were none.

Chairman Cox then declared the public hearing closed.

Commissioner Erwin felt that in addition to the homeowners’ written request for no overnight parking or truck deliveries after 6:00 p.m., it should also be stated that there be no truck deliveries before 7:00 a.m., in accordance with City ordinances.

Commissioner Boland asked that the City of Ballwin communicate to St. Louis County the concerns regarding the right and left turn lane access to the plaza, as well as a four-way stop at the intersection. Mr. Aiken stated that the City could ask them to consider it, but that St. Louis County may choose not to implement the request.

Commissioner Mandziara made a motion to recommend that the Board of Aldermen approve the petition SUE02-7, implementing the staff report recommendations, including that for fencing. Commissioner Underwood seconded the motion. The motion received unanimous approval.

Commissioner Reisel made a motion to recommend that the Board of Alderman approve Z02-5, including all staff report recommendations. Commissioner Boland seconded the motion. The motion received unanimous approval.

SUE02-10 – Special Use Exception (Restaurant with Carryout, No Live Entertainment) – China First – 15425 Manchester Road #33 (Ballwin Plaza) – Mrs. Xin Chun Dong

Chairman Cox declared the public hearing opened.

Mrs. Xin Dong explained that she and her husband plan to open a family owned and operated Chinese restaurant in the Ballwin Plaza shopping center, between Triple A Auto and West County Flooring. The business will occupy an approximately 1080 square foot unit. Mrs. Dong stated that China First will primarily be a carry-out restaurant, with minimal seating (4 tables, 16 seats). There will be no sales of alcoholic beverages or live entertainment. The hours of operation will be 11:00 a.m.-10:00 p.m. Monday-Saturday, and 4:00-9:30 Sunday.

Commissioner Reisel asked if anyone was present to represent Pace Properties. Kristin Keane, listing agent for Weingarten Realty came forward. Ms. Keane was asked about the fence and trash issues in the rear of the plaza, and stated that she had been told the trash was picked up daily.

Commissioner Underwood stated that he saw no reason to hold this business "hostage" to force the property management company to address the fence and trash issues. Commissioner Boland agreed on this point.

There was discussion regarding the fence not being tall enough and trash problems at Ballwin Plaza. Ms. Keane assured the Commission that she would personally see to it that contacts with the property management company would not be ignored, and that the problems would be addressed.

Chairman Cox asked if there were any proponents to speak in favor of SUE02-10. There were none.

Chairman Cox asked if there were any opponents to speak against SUE02-10. There were none.

Chairman Cox declared the public hearing closed.

Commissioner Reisel made a motion to recommend to the Board of Aldermen to approve SUE02-10, and recommended that the Board pursue resolving the trash problems and fence issues on a more permanent basis by the property owner. Commissioner Boland seconded the motion. Commissioner Underwood clarified that the approval of SUE02-10 is not contingent on resolution of the problems at Ballwin Plaza. Chairman Cox agreed. Commissioner Erwin stated she feels the fence should be replaced with a taller unit. The motion was voted on and received unanimous approval.

ADJOURNMENT

A motion was made by Commissioner Mandziara and seconded by Mayor Jones to adjourn the meeting. The motion received unanimous approval. The meeting was adjourned at 8:15 p.m.

James V. Cox, Chairman
Zoning Commission