Planning and Zoning Meeting Agendas and Minutes

Every effort is made to ensure that the Agendas and Minutes provided on this and subsequent pages is timely and correct; however, users should keep in mind that this information is provided only as a public convenience. In any case where legal reliance on information is required, the official records of the City of Ballwin should be consulted.

Planning and Zoning Commission Meeting

Meeting Agenda

Meeting Minutes


October 1, 2007


The meeting of the Planning and Zoning Commission was called to order by Chairman Michael Wind at 7:03 p.m.  Members in attendance were:                                                                                                                                                                                                                                                                                

PRESENT                                                             ABSENT 
Chairman Michael Wind                          Commissioner Pat Buehrle
Commissioner Pat Apel  
Commissioner Sue Heath
Commissioner Anna Hunter
Commissioner Ron Kadane
Commissioner Frank Karr
Commissioner Jim Leahy
Alderman Jane Suozzi
Mayor Walt Young
Assistant City Administrator Tom Aiken
City Engineer Gary Kramer
City Attorney Robert Jones

Approval of Minutes

A motion was made by Commissioner Karr and seconded by Commissioner Heath to approve the minutes of the September 4, 2007 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the Commission members present.

SUE 07-8 – Special Use Exception Site Development Plan Amendment Petition
Gordon Plaza, 15505 Manchester Road, Ballwin MO  63011 – Mr. Bob Greenberg 

Mr. Ed Kohn, one of the owners of Gordon Plaza, presented the revised site plan to the Commission, and distributed an updated packet of information.  He said that after hearing the comments at the September 4 meeting and speaking with the neighbors, the detention basin has been redesigned.  The new design calls for an elongated basin that will drain within 24 hours.  Mr. Kohn said that the neighbors asked for an 8 foot white vinyl fence (6’ solid, 2’ lattice) separating them from the detention basin, to which the petitioner agreed.

Mr. Kohn said that parking lot lighting has been changed to fixtures that will keep the light on the property of Gordon Plaza.  Chairman Wind asked if the landscaping along the fence line will meet the requirement of the 6’ screening.  Mr. Kohn said that it will be a solid hedge.

Mr. Kohn said that the new addition will not be built until there is a tenant interested in it.  The updated information he presented included a drawing of what the building will look like, and Mr. Kohn explained how it will tie in with the rest of the plaza.  Chairman Wind noted that the existing building has a slanted roof facade, which the proposed new building does not.  Mr. Kohn said that the existing building design is dated.

Commissioner Kadane asked about the 25’ setback requirement from the north building line.  He said that detention basins should be considered a utility, and as such cannot be within the 25’.  Mr. Kohn said that there won’t be any structures within the 25’; that the portion of the detention basin that is within the setback will be landscaped and it won’t be obvious that it is a detention basin.  Mr. Kadane asked if the petitioner has looked into putting the detention underground.  Mr. Kohn said the cost for doing so is prohibitive.

Commissioner Heath asked about the sidewalk, which was an issue brought up at the last meeting.  Mr. Kohn said that to equal the sidewalk dimensions of the existing building is not necessary and would limit the size of the addition and/or the parking.  Commissioner Karr asked if there would be awnings on the proposed building.  Mr. Kohn said awnings will be installed.  Mr. Karr asked about upkeep of the landscaping.  Mr. Kohn said an irrigation system will be installed and will include the detention area.  Mr. Karr asked if there would be an identifying address for Gordon Plaza.  He said one of the complaints heard from people is that the addresses are hard to find.  Mr. Kohn said they are planning to install a new directory sign that will be elevated to better identify the tenants.

Chairman Wind asked about the existing fence which is in bad shape.  Mr. Kohn said that they intend to rebuild the fence and replace pieces where necessary with the same material, dog-ear cedar.  Commissioner Heath confirmed that the white vinyl fence will be around the detention basin.  Mr. Kohn said that is correct, except where the City requires a decorative iron fence that allows the City to ensure that the basin is maintained.

Chairman Wind asked about the petitioner’s plan regarding the existing detention basin, since Mr. Kohn indicated that the building would not be built until there was a tenant interested in it.  He asked if everything was on hold until a tenant is found.  Mr. Kohn said that the plan is to reconstruct the detention basin and the fence, and install the landscaping immediately upon approval of the petition.  The parking lot will be done when the detention basin work is completed.

Chairman Wind opened the public hearing and asked if there were any proponents wishing to speak in favor of petition SUE 07-8.  There were none.  Chairman Wind then asked if there were any opponents wishing to speak against the petition. There were none, and Chairman Wind closed the public hearing.

Commissioner Hunter made a motion to recommend approval of Petition SUE 07-8 to the Board of Aldermen, with the following conditions:  lighting meets the recommendations of the petition review report, an 8’ fence with 2’ of lattice is constructed around the new detention area, the 6’ fence behind the existing plaza is repaired/rebuilt, screening is installed per code, an irrigation system is installed for all plantings, a 4’ internal fence is installed in the detention area, only water from a 100-year flood will infringe on the 25’ rear yard setback, and all site improvements except the new building will be completed when the detention area is done.  Commissioner Kadane seconded the motion, which received unanimous approval from the Commission members present.

Z 07-1 – Zoning Ordinance Change Petition and

SUB 07-1 – Subdivision Petition

520 Kehrs Mill Road – Charter Development Group I, LC, 11737 Administration Dr. #101,

St. Louis MO   63146 – Mr. Christopher Kersten

Mike von der Heide, Cornerstone Land Surveying and Civil Engineering, addressed the Commission on behalf of the petitioner and requested another continuance in order to allow the petitioner to better address the comments in the petition review report.   Chairman Wind asked what the petitioner would be changing.  Mr. von der Heide said that the petitioner is considering adding two lots, as well as changes in the landscape plan and detention basin, but he said he was unable to answer questions.

Commissioner Heath asked if the Commission voted on the plan and recommended that the Board of Aldermen reject it, would the petitioner be required to observe a waiting period before resubmittal?  Planning Director Aiken said there is no time frame limitation by ordinance; the petitioner can resubmit a revised plan at any time.

Mayor Young asked how many continuances the petitioner is allowed.  City Attorney Jones said that the petitioner could have as many continuances as the Commission would grant.  Mayor Young suggested that the petitioner meet with Planning Director Aiken and come up with a solid proposal.

There was discussion as to whether comments from the audience would be allowed.  It was determined that since it was not known what the petitioner was proposing, it would serve no purpose to entertain public comment at this time.

Commissioner Heath made a motion to hold over the public hearing for Petitions Z 07-1 and SUB 07-1 until such time as the petitioner is prepared to present and defend the plan.  Commissioner Leahy seconded the motion.  A voice vote was taken with the following result:  Ayes – Kadane, Heath, Leahy, Apel, Suozzi, and Young.  Nays – Wind, Hunter, and Karr.  The motion passed 6-3.

SUE 07-6 – Special Use Exception Petition
5th/3rd Bank, 15200 Manchester Rd, Ballwin MO  63011 – Mr. Benjamin Moore

Mr. Brian Nickus of Arcvision Inc. addressed the Commission on behalf of the petitioner, requesting approval for a special use exception for a bank with drive-through and ATM lanes.  He described the proposed building and stated that the business hours will be Monday-Friday 7:30 a.m.-7:00 p.m., Saturday 8:00 a.m.-4:00 p.m., and Sunday 11:00 a.m-4:00 p.m. 

Mr. Nickus said that the petitioner has a concern regarding the cross-access easement, and would prefer to retain control over any future cross-access construction.  Mr. Nickus described the orientation of the building on the site, as well as ingress/egress locations.

Commissioner Hunter asked about a landscaping plan.  Mr. Nickus said that the petitioner can provide a landscaping plan, but does not have one yet.  Commissioner Hunter noted that the detention basin needs to be 25’ from the rear property line to be in compliance.  Mr. Nickus said that with parking minimums and the drive-through lanes, there isn’t any other place to go with the detention basin.  Commissioner Heath asked how much of the detention basin falls within the 25’ setback.    Mr. Nickus said the entire detention basin is within the 25’ setback.  Chairman Wind asked if underground detention is a possibility.  Planning Director Aiken said it is; however, it is more expensive.  Commissioner Hunter said that it is important to protect the 25’ buffer to prevent further erosion of Fishpot Creek.

Commissioner Kadane asked about the purpose of the submitted traffic study, which was prepared for a location in Maryland Heights.  Mr. Nickus said it was submitted as a prototype to show an average number of customers that would use the site.  Commissioner Kadane said that he could not review the project if Crawford Bunte Brammeier is unaware that the Maryland Heights traffic study was submitted for this project.  Commissioner Kadane also raised a concern that none of the drawings carry an architect or engineer’s seal.   Chairman Wind said that the submitted traffic study is not appropriate for the traffic on Manchester Road.

Chairman Wind asked whether the proposed entrance/exit on Manchester Road would need to go before the Board of Adjustment since it is not in compliance with the ordinance that requires 500’ between curb cuts.  City Attorney Jones said that there is no physical way to meet the 500’ requirement on this site.  Several members of the Commission expressed concern about the proximity of that curb cut to the exit for McDonald’s immediately to the west.

Chairman Wind told Mr. Nickus that the petitioner needs to provide a detailed landscaping plan, an appropriate traffic study, address the detention basin issue, and address the other concerns raised in the petition review report.  Commissioner Hunter made a motion to hold over Petition SUE 07-6 until such time as the petitioner is prepared to present their proposal.  Commissioner Leahy seconded the motion, which received unanimous approval from the Commission members present.

Chairman Wind opened the public hearing and asked if there were any proponents wishing to speak in favor of petition SUE 07-6.  There were no other proponents.  Chairman Wind then asked if there were any opponents wishing to speak against the petition.  There were none.  Chairman Wind said that the public hearing would be held over until the next time the petitioner comes before the Planning & Zoning Commission.

Other Business

Chairman Wind noted that the summary of items sent to the Board of Aldermen and a listing of new business licenses issued since the last meeting was provided to the members of the Commission.  He asked if there were any questions or comments regarding those reports.  There were none.

Chairman Wind said that the issue of the appointment of another Planning & Zoning Commission member has been before the Board of Aldermen.  At the September 24, 2007 meeting of the Board, a motion was passed to direct the City Attorney to draft legislation to reduce the Planning & Zoning Commission to eight citizen members, a Board representative, and the Mayor.


A motion was made by Commissioner Kadane and seconded by Commissioner Karr to adjourn the meeting.  The motion received unanimous approval, and the meeting was adjourned at 8:35 p.m.

Michael Wind, Chairman
Planning & Zoning Commission