Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION MEETING
Held at the Donald “Red” Loehr Police and Court Center
300 Park Drive
October 7, 2013 • 7:00 P.M.

Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation. If one requires an accommodation, please call (636) 227-8580 V or (636) 527-9200 TDD or 1-800-735-2466 (Relay Missouri) no later than 5:00 p.m. on the third business day preceding the hearing. Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.

AGENDA / Briefs

1. Call to Order

2. Swearing in of New Member

3. Approval of Minutes

4. Z 13-10 – Zoning Ordinance Change (Final PSD Development Plan Approval)
Enclave at Lucerne Subdivision, 628-630 Kehrs Mill Rd, Ballwin MO 63011
Petitioner: Mr. James Brennan, McKelvey Homes LLC, 218 Chesterfield Towne Centre, Chesterfield MO 63005

Mr. Brennan has submitted a final PSD site development plan for the 9-lot Enclave at Lucerne subdivision.

5. SUE 13-07 – Special Use Exception (Site Plan Amendment)
New Ballwin Park Cell Tower, 315 New Ballwin Rd, Ballwin MO 63021
Petitioner: Mr. Douglas Dolan, Dolan Realty Advisors for AT&T, 13075 Manchester Rd, St Louis MO 63131

Mr. Dolan has submitted an amendment to the original special use exception ordinances for this site (Ordinance 2660 in 1997 and Ordinance 12-03 in 2012). The later petition amended 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 by permitting the tower to be made 60’ tall and expanding its diameter from 18” to 32”. The tower was to retain its stealth monopole design and disguise as a flagpole. The bigger pole had more room for interior mounted antennas. No change to the ground lease will be necessary to accommodate this change but the language of the lease will have to be changed to eliminate the reference to the flagpole design.

6. Adjournment

Meeting Minutes

UNAPPROVED
RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 333 HOLLOWAY RD

October 7, 2013

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 Secretary               Frank Karr
Commissioner John Schwent                       Commissioner Lynn Goetz
Commissioner Mike Utt
Commissioner Mark Weaver
Commissioner Chris Wright
Commissioner Lisa Zimmerman
Alderman Michael Boland
Mayor Tim Pogue
Assistant City Administrator/City Planner Thomas Aiken
City Engineer Gary Kramer
City Attorney Robert E. Jones

Approval of Minutes

A motion was made by Chairman Wind and seconded by Mayor Pogue to approve the minutes of the September 3, 2013 meeting of the Planning & Zoning Commission as submitted. The motion received unanimous approval from the Commission members present.

Swearing In of New Commission Member

Ms. Lisa Zimmerman, 420 Lennox Drive (Ward 2), was sworn in by Assistant City Administrator Thomas Aiken. Ms. Zimmerman is completing Ms. Sue Theodore’s term, which expires in 2014.

Z 13-10 – Zoning Ordinance Change (Final PSD Development Plan Approval)
Enclave at Lucerne Subdivision, 628-630 Kehrs Mill Rd, Ballwin MO 63011
Petitioner: Mr. James Brennan, McKelvey Homes LLC, 218 Chesterfield Towne Centre, Chesterfield MO 63005

Mr. Brennan addressed the Commission, requesting approval for the final PSD development plan for The Enclave at Lucerne subdivision. He showed the Commission members sample building elevations and stated that square footage would range from 2,200-4,000 square feet. All the homes will have three-car garages. Mr. Brennan said that all sites come with a standard landscape plan and will be fully sodded.

Chairman Wind declared the public hearing open, and asked if anyone wished to speak in opposition to Petition Z 13-10. No one came forward. Chairman Wind asked if anyone wished to speak in opposition to the petition. No one came forward, and Chairman Wind declared the public hearing closed.

Mayor Pogue made a motion to recommend approval of Petition Z 13-10 to the Board of Aldermen. Al-derman Boland seconded the motion, which received unanimous approval from the Commission members present.

SUE 13-07 – Special Use Exception (Site Plan Amendment)
New Ballwin Park Cell Tower, 315 New Ballwin Rd, Ballwin MO 63021
Petitioner: Mr. Douglas Dolan, Dolan Realty Advisors for AT&T, 13075 Manchester Rd, St Louis MO 63131

Commissioner Utt recused himself from the discussion of this petition, as well as the voting, citing a conflict of interest. Mr. Utt is an employee of AT&T.

Mr. Dolan addressed the Commission, requesting approval for the site plan amendment for the New Ballwin Park Cell Tower. Mr. Dolan said the petitioner wishes to eliminate the flagpole requirement, due to problems with the flag not flying as intended. It becomes entangled in the mechanism. Mr. Dolan stat-ed that AT&T is prepared to add $100 to the monthly lease to compensate for not flying the flag.

Chairman Wind asked if it would be possible to place a standard flagpole on top of the tower. Mr. Dolan said that doing so may compromise the integrity of the structure.

Mr. Dolan stated there are no plans to make the pole wider for future expansion.

Alderman Boland asked if AT&T would be willing upgrade the landscaping around the base of the tower. Mr. Dolan said that AT&T is willing to do this if the City deems in necessary. Mayor Pogue stated that the area was to be landscaped, but it never came to fruition. He would like for AT&T to provide a land-scape plan to be implemented by the City of Ballwin Parks Department, and an additional monthly sti-pend to cover maintenance of the landscaping.

Chairman Wind declared the public hearing open, and asked if anyone wished to speak in opposition to Petition SUE 13-07. No one came forward. Chairman Wind asked if anyone wished to speak in opposi-tion to the petition.

Ms. Kathy Kerlagon, 1146 Westrun Dr, asked if a separate flagpole could be placed in the park.

Mayor Pogue said that there are flagpoles at each of Ballwin’s municipal buildings. Parks Director Linda Bruer prefers not to install them in the parks due to the associated costs and maintenance issues.

No one else came forward, and Chairman Wind declared the public hearing closed.

Mayor Pogue made a motion to recommend approval of Petition SUE 13-07 to the Board of Aldermen, with the provision that AT&T provide a landscaping plan and increase the monthly payment by $125 to cover the cost of landscape maintenance as well as the removal of the flag. Chairman Wind seconded the motion, which received unanimous approval from the Commission members present.

Other Business

City Planner Aiken said there is one agenda item for the November 4, 2013 meeting. Chairman Wind stated that he would not be able to attend the November meeting.

Adjournment

A motion was made by Mayor Pogue and seconded by Chairman Wind to adjourn the meeting. The mo-tion received unanimous approval, and the meeting was adjourned at 7:30 p.m.

Michael Wind, Chairman
Planning & Zoning Commission