Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION MEETING
Held at the Donald “Red” Loehr Police and Court Center
300 PARK DRIVE
November 7, 2011
7:00 P.M.

AGENDA

 1. Call to Order

 2. Approval of Minutes 

 3. SUE 11-05 Special Use Exception
  (Site Plan Amendment)
  New Ballwin Park Cell Tower,  315 New Ballwin Rd, Ballwin MO  63011
  Petitioner:  Melanie Parrott for AT&T, 30150 Telegraph Rd #355, Bingham Farms MI  48205

 4. Adjournment

PLANNING & ZONING COMMISSION BRIEFS
November 7, 2011
7:00 P.M.

This is a condensed summary of the action items that will be considered at the Planning and Zoning Meeting.  It has been prepared to give you, the audience, a greater understanding of the issues that will be discussed.  If you have comments, questions, or concerns, please call (636) 227-8580.  If you would like to know more about the programs or services that we provide, please dial our 24-Hour Information Line (636) 207-2300.

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 1. SUE 11-05 Special Use Exception
  (Site Plan Amendment)
  New Ballwin Park Cell Tower,  315 New Ballwin Rd, Ballwin MO  63011
  Petitioner:  Melanie Parrott for AT&T, 30150 Telegraph Rd #355, Bingham Farms MI  48205

  Melanie Parrott of Black and Veatch, an engineering firm that is working as AT&T’s agent, has submitted this petition to amend the provisions of Ordinance 2660, which granted AT&T a special use exception to erect a 50’ tall cellular utility tower in New Ballwin Park in 1997. The tower is a stealth monopole design disguised as a flagpole. The pole has interior mounted antennas and equipment mounted inside a structure that was built as an addition to the restroom facility near the base of the tower.

  This petition proposes to amend the design of the tower by replacing the top 18’ with a redesigned antenna enclosure that will accommodate new antennas but substantially change the outward appearance of the tow-er. Presently this top part of the tower is 18” in diameter. The proposed new top portion of the tower will be 32” in diameter to accommodate the larger antennas. The tower will not be made taller and the new equipment required to operate the new antennas will be installed within the existing equipment building. No change to the ground lease will be necessary to accommodate this change.

  The language of the lease and the applicable Ballwin regulations appear to allow AT&T to replace and up-grade equipment and antennas within the leasehold area without zoning approval. However, the special use exception that authorized the erection of a utility and a structure taller than is otherwise allowed by the PA zoning specified the tower’s design and silhouette, so an amendment to the SUE is needed to allow the rede-sign of the tower.

Meeting Minutes

STATEMENTS ATTRIBUTED TO INDIVIDUALS IN THIS “DRAFT” ARE NOT VERBATIM QUOTES. 
MINUTES OF MEETINGS ARE REPORTED IN SUMMARY AND NOT REPORTED VERBATIM. 
THIS IS AN “UNOFFICIAL DRAFT VERSION” OF THE MEETING MINUTES. 
DRAFT VERSIONS OF MINUTES ARE SUBJECT TO REVIEW, MODIFICATION, AND APPROVAL
OF THE PLANNING & ZONING COMMISSION

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE
November 7, 2011

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 Mike Utt
Commissioner Pat Apel 
Commissioner John Schwent 
Commissioner Mark Weaver 
Commissioner Chris Wright 
Alderman Frank Fleming 
Mayor Tim Pogue 
 
Assistant City Administrator Thomas Aiken 
City Engineer Gary Kramer 
City Attorney Robert E. Jones  

Mayor Pogue noted that Commissioner Utt was not in attendance because his employment with AT&T could be considered a conflict of interest regarding petition SUE 11-05, the only item on the agenda.

Approval of Minutes

A motion was made by Commissioner Apel and seconded by Secretary Karr to approve the minutes of the October 3, 2011 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the Commission members present. 

SUE 11-05 Special Use Exception  (Site Plan Amendment)
 New Ballwin Park Cell Tower,  315 New Ballwin Rd, Ballwin MO  63011
  Petitioner:  Melanie Parrott for AT&T, 30150 Telegraph Rd #355, Bingham Farms MI  48205

Mr. Jeffrey Allen of Network Real Estate, a contractor for Black & Veatch, addressed the Commission.  Commissioner Weaver stated that he has done locksmith work for Black & Veatch. City Attorney Jones asked Mr. Weaver if he is currently under contract with the petitioner.  Mr. Weaver said he is not, and City Attorney Jones said that he does not see that as a conflict of interest.

Mr. Allen said that the photo representation that was provided to the City of Ballwin does not accurately show what the actual changes will look like.  He submitted a new photo depicting a larger canister than was shown previously.  Mr. Allen said the larger diameter is needed to accommodate the antennas.  The 32” width is necessary to hold the equipment.   He believes the tower can be made a uniform width from bottom to top.  Chairman Wind asked if making the tower taller is an option.  Mr. Allen said it is possible, but it would be more difficult due to issues regarding the footing that supports the tower.

Chairman Wind said he feels the changes originally submitted are not acceptable, based on the location of the tower.  City Planner Aiken said that a more conventional flagpole silhouette would be more appropri-ate.

Mr. Allen asked that the Commission table this petition to allow time for the submission of a revised plan.

Chairman Wind opened the public hearing and asked if there were any opponents who wished to speak in opposition to Petition SUE 11-05.  There were none.  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 hear-ing remain open.

Mayor Pogue made a motion to table Petition SUE 11-05 to the December 5, 2011 meeting of the Plan-ning & Zoning Commission.   Secretary Karr seconded the motion, which received unanimous approval from the Commission members present.

Other Business

Chairman Wind asked for feedback on the zoning ordinance change regarding outdoor display, which was defeated by the Board of Aldermen.  Mayor Pogue said there was some concern with the vagueness of the ordinance.  The Board of Aldermen had recently dealt with a similar situation in regards to a legal challenge of the solicitation ordinance.  There were also concerns regarding enforcement.  

Adjournment

A motion was made by Commissioner Weaver and seconded by Secretary Karr to adjourn the meeting.  The motion received unanimous approval, and the meeting was adjourned at 7:25 p.m.

Michael Wind, Chairman
Planning & Zoning Commission