Planning and Zoning Commission Meeting

Meeting Agenda

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Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE
August 2, 2010

The meeting of the Planning and Zoning Commission was called to order by Chairman Michael Wind at 7:00 p.m.  Members in attendance were:
 
PRESENT                                              ABSENT
Chairman Michael Wind                    Commissioner Sue Theodore
Secretary Frank Karr                           Commissioner Pat Apel
Commissioner Mike Utt                   Commissioner Chris Wright
Commissioner John Schwent 
Commissioner Mark Weaver 
Alderman Frank Fleming 
Mayor Tim Pogue 
Assistant City Administrator Thomas Aiken 
City Engineer Gary Kramer 
City Attorney Robert Jones 

Approval of Minutes

A motion was made by Commissioner Weaver and seconded by Secretary Karr to approve the minutes of the July 6, 2010 meeting of the Planning & Zoning Commission as submitted.  The motion received un-animous approval from the Commission members present. 

Z 10-02 – Zoning District Change (R1 and R3 to PSD)
SUB 10-01 – Subdivision
  The Estates at Hallmark Place, 243 New Ballwin Rd, Ballwin MO  63021
  Petitioner:  Mr. Scott Paul, Rolwes Co., 2705 Dougherty Ferry Rd, St. Louis MO 63122

Mr. Brad Goss, representing the Rolwes Company, presented the proposal to the Commission.  He de-scribed the site and the proposed development as well as the surrounding neighborhood zoning and densi-ties.  Mr. Goss said the petitioner wants the Estates at Hallmark Place to fit in well with the adjacent neighborhoods.  He said the proposed development will not have access from New Ballwin Road, which is the principal physical limitation that prompted the petitioner to request the zoning district change to PSD. 

Mr. Goss stated that the site currently has two zoning classifications (R-3 and R-1).  He said the adjoining Windy Acres subdivision is currently zoned R-3, but was zoned and developed with a St. Louis County R-4 classification, resulting in smaller lot sizes than are proposed in the Estates at Hallmark Place.  With the PSD, the petitioner is attempting to blend in with the surrounding neighborhoods. 

Mr. Goss said that providing access to the site from New Ballwin Road would have yielded ten lots with conforming setbacks.  The petitioner is proposing the nine-lot configuration in deference to the City’s Comprehensive Plan and the preferences of the surrounding neighborhoods.  Mr. Goss said the petitioner has tried to preserve the trees on the site; however, tying into Stoney Creek Drive and meeting all those requirements results in the loss of trees that would otherwise be preserved.

Mr. Goss said the petitioner is working with Rockwood School District to provide a joint detention basin on the north side of the site.  This detention basin will meet the requirements of MSD in terms of both water retention and water quality. This will result in a further loss of trees.  To mitigate this loss, the peti-tioner is proposing to add substantial tree plantings in the northeast portion of the property as well as at the end of the cul-de-sac on the southern portion of the site.

Mr. Goss said the homes that will be built will have a base price of $350,000-$400,000.  The petitioner sees this community as a “move-up” community in the City of Ballwin. 

Mr. Goss said that the petitioner provided for a six-foot side yard on the basis of the surrounding neigh-borhoods.  Both Windy Acres and six of the lots in Hallmark Place were built with six-foot side yard set-backs.  He said the petitioner has provided for a fifteen-foot front yard setback, which allows for the homes on Lots 8 and 9 to be brought forward.  This will preserve some of the trees at that location.  It will also allow for some homes to be set back more than 15 feet, providing a more varied streetscape.  The homes will not be garage-dominant; however, the petitioner proposes to provide carriage doors with more architectural elements.

Chairman Wind said that smaller homes would allow for a 20’ front yard setback.  Mr. Goss said the sub-division works better with a 15’ setback.  Mr. Wind said that the lot sizes vary quite a bit.  He said if the petitioner eliminated one of the lots, the lot size would average approximately 12,000 square feet.  Mr. Goss feels that this would be inconsistent with the surrounding subdivisions.  Mr. Wind pointed out that Hallmark Place subdivision has lots that are well over 10,000 square feet.  Mr. Goss said that there are also lots in Hallmark Place that are less than 10,000 square feet. 

Chairman Wind asked if the petitioner would be willing to plant street trees.  Mr. Goss said the petitioner is willing to consider that.

Secretary Karr asked if the detention basin area would be regraded.  Mr. Mike Faulkner of Sterling Engi-neering responded, saying that additional grading will happen in that area.  He said the detention basin will be approved by both MSD and City staff.   Ultimately it will improve the drainage for the Selvidge Middle School.  There will be no negative impact on surrounding residences. 

Alderman Fleming said he feels it is reasonable for the zoning change to be approved; however, some of the site plan issues, such as the 6’ side yard setback, would be better taken to the Board of Adjustment.  Chairman Wind asked City Planner Aiken if the PSD zoning allowed the 6’ side yard setback.  Mr. Aiken said the ordinance specifically stipulates that side yard setbacks are based on what is allowed in the sur-rounding districts, not what the side yards in the adjoining subdivisions actually are.  It doesn’t automati-cally allow a 6’ setback.  Chairman Wind clarified that the Planning & Zoning Commission doesn’t have the authority to approve a 6’ side yard.  That request would have to go before the Board of Adjustment.  City Attorney Jones confirmed this.  He said the PSD ordinance states that the minimum spacing between buildings shall be the mean of the minimum spacing allowed in adjoining residential zoning districts.  It does not take into consideration legally nonconforming developments built under County zoning regula-tions.  Mr. Jones said that the Board of Aldermen could not approve spacing of less than 20 feet between buildings.  Mr. Goss asked that the Planning & Zoning Commission make a specific recommendation to the Board of Aldermen on this issue.

Mayor Pogue said he feels a 6’ side yard setback is too close.  He also has reservations about recommend-ing approval for these petitions without the petitioner having an agreement in place with Rockwood School District regarding the detention basin.  Mayor Pogue asked City Planner Aiken if there is a way to ensure that the trees in the no-grade zone are preserved.  Mr. Aiken said a vegetation preservation ease-ment could be made a part of the deed restriction. 

Mayor Pogue asked if the temporary cul-de-sac would be restored to a standard width street.  Mr. Goss said it is in the petitioner’s plans to remove the temporary cul-de-sac and sod the disturbed area.  The peti-tioner will continue the sidewalk as well.  Mr. Aiken said this is standard procedure.

Alderman Fleming asked if the petitioner is willing to consider a rain garden and pervious pavement.  Mr. Faulkner said bio-detention is planned, and the petitioner is looking at pervious pavement in working with staff and MSD.  Mr. Fleming said erosion in the creeks is a problem.  He said that a recent judgment against MSD means that they will have fewer funds available to work with, so the City needs to do what-ever it can to minimize the amount of water that makes its way into those systems.  Mayor Pogue said MSD recently took on a large-scale project to rebuild a section of Fishpot Creek along Vance Road due to a significant erosion problem, so this is an important issue.

Commissioner Weaver asked if there is a barrier around the detention basin.  Mr. Faulkner said it isn’t deep enough to require a barrier, but a fence will be put up if it is required by the City of Ballwin and MSD.

Commissioner Utt asked about the front yard setback for the current Hallmark Place subdivision. Mr. Goss said it is 20 feet.  Alderman Fleming noted that City Planner Aiken had recommended 20’ for the Estates at Hallmark Place, 15’ is the minimum allowed.  Mr. Aiken said that with the architecture the peti-tioner is proposing, the snout garages will be the closest point to the road.  With a 15’ setback, it will be difficult to park a car in the driveway without having it encroach on the sidewalk.  Chairman Wind asked if alternate floor plans can be used that do not have the snout garages.  Mr. Goss said the petitioner cannot change the floor plans for this petition.  Architectural elements will be used to incorporate the garage into the home footprint.  The garages will have carriage doors rather than the typical garage doors.

Commissioner Utt asked where the construction access will be for the subdivision.  Mr. Goss said con-struction traffic will enter and exit from New Ballwin Road. 

Mayor Pogue asked if the petitioner is willing to put a safety fence up along the southern edge of the property during construction.  Mr. Goss said the petitioner is willing to do this.

Chairman Wind opened the public hearing and asked if there asked if there was anyone wishing to speak in opposition to the petition.

Mark Willett, 736 Stoney Creek Drive.  Mr. Willett spoke as a trustee for the Hallmark Place subdivision, saying they want the proposed subdivision lots to be as large as possible.  They want the temporary cul-de-sac to be properly restored, and the chain link fence on the south property line to be replaced with a maintenance-free fence that will extend to New Ballwin Road.  Mr. Willett wants the petitioner to replace the trees that will be removed one-for-one.

Walt Young, 634 Lemonwood Drive.  Mr. Young said that County zoning should not be taken into account.  He feels the lots are too small and the Planning & Zoning Commission should make a negative finding.

John Wohler, 128 Windy Acres Estates Drive.  Mr. Wohler spoke as a trustee for the Windy Acres subdivision.  He wants to be assured that construction access is to be made off of New Ballwin Road.

Chairman Wind asked if there were any proponents wishing to speak in favor of the petition.  There were none, and Chairman Wind declared the public hearing closed.

Chairman Wind asked how the petitioner envisions all of the construction traffic coming in and going out through New Ballwin Road.  Mr. Goss said it will be right in/right out and will be utilized until the last lot nearest the construction entrance is completed.

Mayor Pogue asked the petitioner to comment on Mr. Willet’s recommendation regarding the fence.   Mr. Goss said the petitioner will have to evaluate it. 

Mayor Pogue asked Mr. Goss why the petitioner is requesting 6’ side yard setbacks to be in keeping with the adjoining neighborhoods, but wants a 15’ front yard setback, when the adjoining subdivisions have a 20’ front yard setback.  Mr. Goss said the petitioner is seeking flexibility for placement of the homes.  This will allow houses to be further away from no-grade zones and will vary the streetscape.

Chairman Wind made a motion to recommend approval of Petition Z 10-02 to Board of Aldermen, with the condition that the petitioner provide carriage door style garage doors, meet the minimum building spacing requirement of the requested PSD zoning, consider using pervious pavement and a rain garden, require construction traffic to use New Ballwin Road and not Stoney Creek Drive, remove temporary cul-de-sac and restore the area fully and properly with sidewalks and sod, and provide street trees.  Alderman Fleming seconded the motion.  A voice vote was taken with the following result:  Aye – Utt, Schwent, Wind, Weaver, Karr, and Fleming.  Nay – Pogue.  The motion passed 6-1.

Chairman Wind made a motion to recommend approval of Petition SUB 10-01 to Board of Aldermen, with the condition that the petitioner provide carriage door style garage doors, meet the minimum building spacing requirement of the requested PSD zoning, consider using pervious pavement and a rain garden, require construction traffic to use New Ballwin Road and not Stoney Creek Drive, remove temporary cul-de-sac and restore the area fully and properly with sidewalks and sod, and provide street trees.  Com-missioner Schwent seconded the motion.  A voice vote was taken with the following result:  Aye – Utt, Schwent, Wind, Weaver, Karr, and Fleming.  Nay – Pogue.  The motion passed 6-1.

Z 10-05 – Zoning District Change (County R-2 to PSD)
SUB 10-02 - Subdivision
  Sunset Grove Estates, 755 Henry Ave, Ballwin MO  63011
  Petitioner:  Mr. William Levinson, WB Properties Henry LLC & Benton Homebuilders, 1000 Executive Parkway Suite 106, Creve Coeur MO 63141

Mr. Bill Biermann, managing member of WB Properties/Henry LLC, presented the petitions to the Plan-ning & Zoning Commission.  He described the site and its limitations which led the petitioner to request the PSD zoning.  Mr. Biermann said that the petitioner focused on Oak Tree Farm subdivision when con-sidering the design of his subdivision.  He said the proposed development is consistent with Oak Tree Farm with regards to most setbacks, and is a good transition to the commercial development to the north. 

Chairman Wind asked if the trees that will be lost can be replaced with street trees.  Mr. Biermann agreed to do this.  Chairman Wind asked about the arborist evaluation recommended in the petition review re-port.  City Planner Aiken said that a storm sewer line for the Ballwin Grove development was placed within 25 feet of the north property line.  There was a question as to whether some of the mature trees in that area will survive the root zone damage.  Mr. Biermann said the petitioner would save as many trees as possible.  Those that cannot be saved will be replaced.

Chairman Wind asked if there would be fencing around the detention basins.  Mr. Biermann said yes, because they are both over four feet deep. 

Mayor Pogue noted that this petition also has building spacing issues.  PSD calculations require 20’ be-tween buildings, and the petitioner is proposing only 16 feet.  Mr. Biermann presented the County density development argument, stating that an 8’ side yard setback was allowed in the adjoining subdivision.  He feels that the proposed building spacing is consistent with the neighboring subdivision.  City Attorney Jones said that the Planning & Zoning Commission must look at what the ordinance allows, not the exist-ing density development to determine side yard setbacks.
Alderman Fleming noted that the petition review report recommended the island in the cul-de-sac be re-moved or replaced with a rain garden.  Mr. Biermann said the petitioner would like to keep the island, for an additional landscaped area.  He said that in his experience rain gardens have not been successful.  Mr. Fleming agreed that this cul-de-sac may not be the most appropriate location for a rain garden.  Mr. Mike Faulkner pointed out that the petitioner has provided for bio-detention in the common ground areas.  He said that utilities also like to end their lines in cul-de-sacs.

Chairman Wind opened the public hearing and asked if there were any proponents wishing to speak in favor of the petition.  There were none.  Chairman Wind asked if there were any opponents wishing to speak against the petition.  There were none, and Chairman Wind declared the public hearing closed.

Chairman Wind made a motion to recommend approval of Petition Z 10-05 to Board of Aldermen, with the condition that the petitioner provide street trees and replace any damaged retained trees, provide 20’ building spacing as required by code and research the use of pervious pavement.  Alderman Fleming seconded the motion, which received unanimous approval from the Commission members present.

Chairman Wind made a motion to recommend approval of Petition SUB 10-02 to Board of Aldermen, with the condition that the petitioner provide street trees and replace any damaged retained trees, provide 20’ building spacing as required by code and research the use of pervious pavement.  Alderman Fleming seconded the motion, which received unanimous approval from the Commission members present.

Z 10-07 – Zoning Change Approval
SUB 10-04 - Subdivision
  Kehrs Mill Enclave, 660 Kehrs Mill Rd, Ballwin MO  63011
  Petitioner:  Mr. William Levinson, Benton Homebuilders, 1000 Executive Parkway Suite 106, Creve Coeur MO 63141

Mr. Mike Faulkner of Sterling Engineering presented the proposal to the Commission on behalf of Benton Homebuilders.  Mr. Faulkner described the site zoning and said the petitioner is requesting a zoning change from a mixture of R-1 and R-2 to all R-2 to allow the flexibility of dividing the lot into two single family lots.  He said a majority of the vegetation will be retained.  The existing sanitary sewer will be extended, and the petitioner will be working with MSD and City staff on stormwater detention.  The peti-tioner is considering a rain garden for this site.

Chairman Wind asked if any trees are being removed from the front of the lot.  Mr. Faulkner said the peti-tioner is not proposing to do so, but any removal of vegetation will be mitigated with additional landscap-ing.  Mr. Faulkner said the outbuilding at the rear of the lot will be removed.  The gravel driveway will be replaced with grass. 

Alderman Fleming asked if the petitioner is willing to provide a 10’ wide dedication strip along Kehrs Mill Road.  Mr. Faulkner said the petitioner is willing to do this.

Chairman Wind opened the public hearing and asked if there asked if there was anyone wishing to speak in opposition to the petition.

Steve Miller, 629 Log Hill Ct.  Mr. Miller is the homeowner behind the proposed development.  He said there is a problem today with stormwater runoff, as well as from an underground spring on this site.  Mr. Miller said the trees at the rear of the lot are pushing his fence over.

There were no other opponents.  Chairman Wind asked if there were any proponents wishing to speak in favor of the petition.  There were none, and Chairman Wind declared the public hearing closed.

Mr. Faulkner said the petitioner has no plans to remove any of the vegetation at the rear of the site.  The petitioner will meet with City staff and MSD regarding stormwater runoff.  There are no plans to increase runoff from the site.  Mayor Pogue asked who would be responsible for the maintenance of the rain garden once the homes were sold.  Mr. Faulkner said it would be the responsibility of the homeowners.
 
Chairman Wind made a motion to recommend approval of Petition Z 10-07 to Board of Aldermen, with the condition that the petitioner provide the 10’ wide frontage dedication and the use of a rain garden for detention.  Alderman Fleming seconded the motion, which received unanimous approval from the Com-mission members present.

Chairman Wind made a motion to recommend approval of Petition SUB 10-04 to Board of Aldermen, with the condition that the petitioner provide the 10’ wide frontage dedication and the use of a rain garden for detention.  Commissioner Weaver seconded the motion, which received unanimous approval from the Commission members present.

Other Business

City Attorney Jones asked that if agenda items necessitate a meeting in September, will it be held on Tuesday, September 7?  City Planner Aiken said he would check the availability of the room and let the Commission members know if that is the case.

Adjournment

A motion was made by Chairman Wind and seconded by Mayor Pogue to adjourn the meeting.  The mo-tion received unanimous approval, and the meeting was adjourned at 9:55 p.m.

Michael Wind, Chairman
Planning & Zoning Commission