Planning and Zoning Meeting Agendas and Minutes

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Planning and Zoning Commission Meeting

Meeting Agenda


Held at the Donald “Red” Loehr Police and Court Center
March 4, 2013 - 7:00 P.M.


1. Call to Order

2. Approval of Minutes 

3. SUB 13-01 – Special Use Exception  
                       Motz Estates, 615 Kehrs Mill Rd, Ballwin MO  63011
                       Petitioner:  Mr. Fred Schmidt, Tristone Co, 325 N Kirkwood Rd, Kirkwood MO  63122 

The petitioner proposes to subdivide the property at 615 Kehrs Mill Rd into three lots, each facing the roadway.  No new or internal roadways are proposed for this development and each house will have its own curb cut onto Kehrs Mill Rd.  The existing house on the site will be retained on one of the lots and will be renovated.  New houses will be built on two new lots.
4.  Adjournment

Meeting Minutes


MARCH 4, 2013

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

Approval of Minutes

Acting Chairman Karr said that SUB 13-01 should be shown as “Subdivision” not “Special Use Excep-tion.”  Mayor Pogue noted that this was a change to the agenda, not the minutes.

A motion was made by Mayor Pogue and seconded by Commissioner Utt to approve the minutes of the January 7, 2013 meeting of the Planning & Zoning Commission.  The motion received unanimous approval from the Commission members present. 

SUB 13-01 – Subdivision
  Motz Estates, 615 Kehrs Mill Rd, Ballwin MO  63011
  Petitioner:  Mr. Fred Schmidt, Triostone Co, 325 N Kirkwood Rd, Kirkwood MO  63122 
Mr. Mike Boerding of Sterling Engineering addressed the Commission, requesting approval for the sub-division petition.  He presented the preliminary plat and gave an overview of the existing parcel and the proposed subdivision.  No zoning change is being requested. 

Mr. Boerding said that no stormwater detention information has been provided.  The petitioner is propos-ing rain gardens for the two new lots, and using soil amendment for the existing home.  The petitioner is aware that specific stormwater detention figures will need to be provided for the subdivision, but planned to wait until the actual size of the homes are known.

Mr. Fred Schmidt distributed drawings of what changes are planned for the existing home on the lot.  The façade will be updated, and the siding and windows will be replaced.  He said he is requesting to expand the driveway to a circle driveway that shares a curb cut with Lot 2.   Mr. Schmidt said that he would com-ply with the stormwater detention requirements of the city, but wants to submit a letter stating that specif-ics will be submitted when the final footprint of the house to be built is known.

Acting Chairman Karr asked if the two houses to be built will have walkout basements.  Mr. Schmidt said yes, the slope of the land is such that it lends itself to walkout basements.  Mayor Pogue said there is enough slope to the lot that pumps will not need to be used for the stormwater and sewer.  Mr. Schmidt confirmed this.

Acting Chairman Karr asked the petitioner to address the frontage on Lot 1. Mr. Boerding said that due to the shape of the parcel, the frontage for Lot 1 at the right-of-way line is approximately 51 feet; however, at the 40’ building line, the frontage is over 100 feet.  He understands that it will be necessary to obtain a variance from the Board of Adjustment for this issue as a condition of approval for this petition. 

City Attorney Jones said that if the variance were the only issue, it could be done that way, but since the stormwater detention plan is not shown, the Planning & Zoning Commission cannot recommend approval under any circumstances.  He said it would make sense for the petitioner to go before the Board of Ad-justment prior to returning to the Planning & Zoning Commission with a revised plan showing stormwater dentention.

Mr. Boerding said it was always the petitioner’s intent to comply with stormwater detention regulations, but he was hoping to be able to do so one lot at a time as the homes were built.   Mr. Schmidt said that his plan was to determine the footprint of the house to be built before submitting stormwater detention fig-ures, rather than have to come before the Commission to make changes.  Acting Chairman Karr asked if the petitioner has selected a builder for the homes.  Mr. Schmidt said he has not contacted any builders yet.  Mr. Boerding asked if it would be possible to receive a positive recommendation from the Planning & Zoning Commission even though the stormwater detention has not been addressed, with a condition that the petitioner comply with all regulations.  City Attorney Jones said that is not possible.  The plat that has been submitted does not comply with the subdivision ordinance.  It doesn’t contain storm water treatment that meet the requirements of Chapter 11 of the code.  Without differential runoff calculations and at least an indication of what the system will be, it cannot be approved.

Mayor Pogue said that knowing the history of stormwater runoff from these lots going into the neighbor-ing subdivision, he would be very concerned about approving this petition without seeing more evidence that stormwater will be handled in the correct manner.  Mayor Pogue asked City Planner Aiken about an item in the petition review report regarding stormwater backing up.  Mr. Aiken wrote that this problem is not the petitioner’s responsibility.  Whose responsibility is it to correct this issue?  Mr. Aiken said that the system belongs to MSD, so it would be responsible for correcting the problem.  It is an old problem and doesn’t happen often, so it is probably a low priority for MSD.  Mayor Pogue said he appreciates the ef-fort the petitioner is making with rain gardens and detention in these three lots. 

Mr. Schmidt asked if a variance would be needed to make the common entrance for the driveways for Lots 2 and 3.  City Attorney Jones said a variance would not be needed; the petitioner should just show that configuration on the submitted subdivision plat.  City Planner Aiken said there are no standards that would preclude that from being done.  Mayor Pogue said the only issue that needs to go before the Board of Adjustment is the frontage issue on Lot 1.

Mayor Pogue asked if the petitioner is in agreement with paying a recreational fee in lieu of recreational greenspace.  Mr. Schmidt said he would do whatever is required.   Mayor Pogue said that he would like to see elevation drawings of the homes that are proposed for the site, but noted that it would depend on the builder chosen.  City Planner Aiken said that with the varied styles of homes built along Kehrs Mill Road, it would be difficult to assert that any homes don’t blend in.  However, as long as the proposed homes meet the building code, there is no architectural review board to prevent an unusual style from being built.  Mr. Schmidt said that he wants homes built that are affordable.  He doesn’t want the homes to sit vacant waiting for a buyer.

Mayor Pogue recommended leaving the public hearing open to be continued to the next meeting where this petition is discussed.
Acting Chairman Karr opened the public hearing and asked if there was anyone who wished to speak in favor of the petition.

 Mr. Jeff Voegtli, 246 Pine Tree Ln, addressed the Commission, stating that he is neutral regarding this petition, but has concerns regarding access from his rear yard.

Mayor Pogue asked if there were any plans to remove trees from the perimeter of the site.  Mr. Boerding said the only trees removed will be those necessary to build the homes and the rain gardens.  Mayor Pogue asked the petitioner to provide a landscaping plan when he comes back to the Planning & Zoning Com-mission. 

 Mr. Jim Ryan, 252 Pine Tree Ln, addressed the Commission, stating his concerns regarding the con-struction displacing mice.  He had a problem with mice entering his home when another new home was constructed in the neighboring subdivision.

Acting Chairman Karr declared that the public hearing would remain open. 

Mayor Pogue made a motion to table Petition SUB 13-01, pending the outcome of the Board of Adjust-ment review.  Commissioner Utt seconded the motion, which received unanimous approval from the Commission members present.


A motion was made by Commissioner Weaver and seconded by Alderman Boerner to adjourn the meet-ing.  The motion received unanimous approval, and the meeting was adjourned at 7:50 p.m.

Frank Karr, Acting Chairman
Planning & Zoning Commission