Planning and Zoning Meeting Agendas and Minutes

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Planning and Zoning Commission Meeting

Meeting Agenda

Meeting Agenda click here

Meeting Minutes

July 6, 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 Mike Utt
Commissioner Pat Apel                      Secretary Frank Karr
Commissioner John Schwent 
Commissioner Sue Theodore 
Commissioner Chris Wright 
Commissioner Mark Weaver 
Alderman Frank Fleming 
Mayor Tim Pogue  
Assistant City Administrator Thomas Aiken 
City Engineer Gary Kramer 
Robert Jones, Sr. for City Attorney Robert Jones 

Approval of Minutes

A motion was made by Mayor Pogue and seconded by Commissioner Weaver to approve the minutes of the June 7, 2010 meeting of the Planning & Zoning Commission as submitted.  The motion received un-animous approval from the Commission members present. 

Z 10-03 – Zoning Ordinance Change (NCD Governing Ordinance Amendment)
  Clayton Henry Assisted Living, 785 Henry Ave, Ballwin MO  63011
  Petitioner:  Mr. Mark Spiegel, FSP-Ballwin LLC, 1075-A Powers Place, Alpharetta GA 30009

Jay Robinson of Formation Development Group presented the proposal to the Commission on behalf of FSP Ballwin Senior Living.  Mr. Robinson described the development and said that the location and Ballwin’s demographics are a good fit.  He said the building will have a residential feel, and described the amenities in the public and private spaces.  Mr. Robinson said assisted living and memory care facilities will be provided.  Residents will receive as little or as much care as is needed.

Jim Whisler of Grimes Consulting, the civil engineer for the project, described the physical characteristics of the site.  He said there are issues with the water line running along Henry Ave that will keep them from meeting the 30’ setback requirement.  The building is situated in such a way that it will miss the setback by five feet.

Katherine Miller, the architect for the project, spoke to the architectural details of the building.  She said it will follow the Country French style of the adjoining retail space to the north.  Commissioner Weaver asked if the building will look like the drawing that was shown to the Commission.  Ms. Miller said that what is shown in the drawing is within their budget, so the finished building should look much the same. 
Chairman Wind asked if the trash dumpster can be moved closer to the building and farther from the ad-joining residences.  Mr. Whisler and Mr. Robinson said they can explore a new location. 
Chairman Wind asked about height of the building being above the 45’ maximum.  City Planner Aiken explained that building height is determined by averaging the eave and ridge heights.  This is 45’ for the proposed building, which matches the maximum allowed in the underlying C-1 district.  Mr. Robinson said the petitioner intends to build what is shown, but is asking for the building height maximum to be 55’ to give the contractor some flexibility in the field. 

Chairman Wind asked about the fencing in the common area.  Mr. Robinson said that the design hasn’t been finalized yet, but the intent is to have stucco or stone columns infilled with a sight-proof cedar fence.

Mayor Pogue asked about the significance of the 30’ setback as opposed to the 35’ setback.  City Planner Aiken said that 30’ is the maximum allowed setback from the road.  It is mandated by ordinance.  There is a water company easement to take into account as well.  Mr. Robinson said they tried to line up the build-ing so that it works well with the parking area and the dining area looks out onto the lake feature.  Mr. Aiken said that because the 30’ setback is an ordinance requirement, if the petitioner can’t work out a site design way around it, the only alternative is to appeal to the Board of Adjustment for a variance. 

Mr. Bill Biermann asked if the petitioner agreed to extend the building five feet, would the Commission be able to move forward with the petition?  Ms. Miller said that from an overall site and floor planning perspective, the easiest solution is to adjust the floorplan for that wing only. 

Alderman Fleming asked for more information about the landscaping plans for the area closest to the ad-joining residences.  City Planner Aiken noted that a new subdivision development is proposed for the southern edge of this development, and the roadway for that new subdivision would abut that side.  Al-derman Fleming asked about illumination of the parking lot and the building.  Ms. Miller said that specific fixtures have not been selected yet, but the primary function of the lights will be safety from the parking lot to the building.  They will be cut-off fixtures, so that light will not be leaving the site.  Mr. Robinson said the typical building lighting will be on a residential scale.

Mayor Pogue asked about deliveries.  Mr. Robinson said they try to keep deliveries to a smaller box truck, and depending on the occupancy level, at full occupancy level there would be at least one delivery per day.  Mayor Pogue asked if delivery times would be limited.  Mr. Robinson said that deliveries would typically be during business hours when staff is available to receive them. Mayor Pogue suggested that the Commis-sion include stated delivery times if its recommendation to the Board of Aldermen is favorable.

Mayor Pogue referenced recommendations in the petition review report regarding sidewalk widths. Is the petitioner willing to accept those recommendations?  Mr. Robinson and Mr. Whisler said they will work with City Planner Aiken on the sidewalks.

Mayor Pogue thanked the petitioner for implementing rain gardens in their site plan, and asked about the use of pervious asphalt.  Mr. Robinson said that the concern would be that pervious asphalt would be a tripping hazard for their residents and visitors.  Mayor Pogue and City Planner Aiken said that the City had used pervious pavement for a portion of Warner Court, and it has the same surface as impervious as-phalt.  Mr. Whisler said that the lake is already designed for detention and recharge purposes.  Mayor Po-gue encouraged the petitioner to consider the pervious asphalt.

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 in opposition to the petition.  There were none, and Chairman Wind declared the public hearing closed.

Commissioner Apel made a motion to recommend approval of Petition Z 10-02 to Board of Aldermen, with the provision that the petitioner extend the east wing to meet the 30’ setback requirement, limit the delivery and trash pick up times, provide 6’ sidewalks as recommended, and upgrade the landscaping.  Commissioner Wright seconded the motion, which received unanimous approval from the Commission members present.
Z 10-04 – Zoning Ordinance Change  (Add Manchester Rd Revitalization Overlay Zoning)
  West County Nissan, 14747 Manchester Rd, Ballwin MO  63011
  Petitioner:  Mr. Chris Garlich, Garbo Properties LLC, 7953 Park Drive, St Louis MO 63117

Mr. Rich Obertino, architect for the petitioner, presented the proposal.  He said that the petitioner sent letters to the nearby homeowners and met with some of them to discuss any concerns they had about the proposed plan.   Some of the issues raised were alleviating drainage problems, raising the height of the privacy wall, increasing the landscaping setback on the north property line, and using Missouri red cedar for the fencing.  Chairman Wind asked if all the residents responded.  Mr. Obertino said that five residents responded and met with the petitioner.

Mr. Obertino gave an overview of the property, and the site development plan.  He said the existing curb cuts will not be relocated.  The petitioner has allowed for cross-access easements to the adjacent commer-cial properties as required by the City.  Customer parking is located near the front doors, and the 337 parking spaces on the north end of the site will be used for vehicle storage accessed by employees only.  Two new sidewalks off of Manchester Road have been provided for pedestrian access, as well as an addi-tional sidewalk on the west side of the site, per staff recommendations.

Mr. Jeremy Roach, of Cole & Associates, discussed the site landscaping.  The petitioner has agreed to additional landscaping as requested.  All landscaping will be maintained by West County Nissan.  Mis-souri red cedar will be used for all fencing, which will be 6’ topped by 2’ high lattice.  Eight foot high evergreens will be planted along the outside of the fence, supplemented by bushes.  The fence will be erected before construction begins to help screen and buffer the noise.

Mr. Tony Randazzo, of Lighting Associates, discussed site illumination.  He described the fixtures and stated that parking lot light poles would have cut-off shields, and would be turned off at 10:00 pm.  Mr. Obertino noted that the petitioner is not focusing on lighting the vehicle storage lot.  The lighting focus is the inside of the building and the display vehicles.

Mr. Mike Vonderheide, of Cole & Associates, discussed stormwater detention on the site.  He said all stormwater runoff will be captured and filtered per MSD requirements.  A large rain garden will be con-structed in the old detention area.  Underground detention will be used in the southeast corner.  Some stormwater will be redirected away from the residences on the north side of the site.

Mr. Obertino discussed the existing building and the changes and updates that are proposed.  He said that windows have been added to the building to give it the feel of a two-story space.  Different paint colors will be used to break down the façade, and Nissan’s corporate standards of building materials will be used.  Metal panels painted to match the building will be used to fully screen mechanical equipment on the roof. 

Chairman Wind said that the upper story windows look smaller than those on the first floor.  Mr. Obertino said they are the same size and scale.  There are structural concerns with putting in too many windows on the upper part of the building.  Mayor Pogue asked if it could be an architectural element such as a faux window rather than an actual window.  Mr. Obertino said that could be a possibility.

Commissioner Apel is concerned that the vehicle storage lighting will spill onto the adjoining residential properties.  Mr. Randazzo said the light levels are not high enough to create a glow.  He said the shield will prevent that.  Mr. Apel asked if he would be able to read a newspaper in the light from those fixtures if he were standing in the yard of the residence.  Mr. Randazzo said no.  Chairman Wind said he feels the lighting in the vehicle storage lot should be minimal – just enough for staff to safely work there.  Mr. Ob-ertino said the petitioner is doing everything possible to minimize the impact of lighting on the adjoining residents.

Mayor Pogue asked if the petitioner would consider the recommendation of the staff review report to have a 40’ landscape buffer at the north end of the property.  Mr. Obertino said the petitioner has already gone above and beyond the ordinance requirement with a 30’ buffer.  Extending it another ten feet would eliminate an entire row of vehicle storage.  Mr. Roach said that it would be feasible to shift the light fix-tures in that area to the southernmost part of the medians, which would take them 20’ further away from the property line.

Mr. Roach said that there are 14 trees that will be removed – one is dead, one is dying, and twelve are stressed and in a state of decline.  He said that 32 trees have been added at 15’ on center, and 90 shrubs will be added at 5’ on center.

Mayor Pogue asked if customers would be taken to the vehicle storage lot when looking for a particular style of vehicle.  Mr. Bill Haegele said that, per Nissan standards, a staff member would bring the car to the front.  Mayor Pogue asked about deliveries.  Mr. Haegele said that deliveries would be made during business hours so that staff would be able to inspect the vehicles as they arrive.

Alderman Fleming asked about Nissan’s standards when paging staff members.  Mr. Haegele said there are no outside speakers.  The phone system is equipped to forward calls to the staff’s cell phones.  Mr. Fleming asked about the noise from the car wash.  Mr. Obertino said the car wash is part of the detailing process when customers bring their cars in for service.  The cars will exit the wash into the service area, and the drying blowers will be located inside the facility.  City Planner Aiken said the noise study was just delivered at the beginning of this meeting, but it does say that the noise levels are within the limits. 

Alderman Fleming asked if this plan has been presented to MSD.  Mr. Vonderheide said that the plan was reviewed by MSD, and the comments received are typical.  Alderman Fleming asked if MoDOT has re-sponded to the petitioner’s submission.  Mr. Vonderheide said he has not heard from MoDOT, but no permit is required as the petitioner is not changing the MoDOT right-of-way. 

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 in opposition to the petition. 

Walt Young, 634 Lemonwood Drive.  Mr. Young said he does not live in the neighborhood behind the proposed development. He believes comments were made at the Comprehensive Plan and Great Streets meetings that people do not want more auto dealerships in Ballwin.  He said that auto dealerships do not offer enough sales tax revenue.  Mr. Young said that there is an outdoor speaker system at their present location in Ellisville.  He does not believe that the lights will be turned off at night.  He is concerned about criminal activity coming through the adjoining residential properties.  He feels a bigger public hearing sign should be put out for larger sites.

Mayor Pogue said that the Planning & Zoning Commission cannot reject a proposal on the basis that it is not a sales tax generator.  Chairman Wind said that regarding notification, sending a letter to nearby resi-dents may be something to consider.

Joann Goehler, 156 Spring Oaks Drive.  Ms. Goehler said her property does not abut the pro-posed development site.  She is in favor of a mailer going out to residents, in addition to the sign.  She said she is not opposed to the proposed development, but has concerns about the noise from the car wash, noise from trash pickup, as well as how often and what time the pickups are sche-duled, and visibility of and noise from roof-mounted equipment.

Dan Westhoff, 202 Spring Oaks Court.  Mr. Westoff said he lives directly behind the proposed development, and is in favor of it after having heard all the comments.   He said it is minimally intrusive on the neighborhood and feels it should be approved.

There were no other opponents, and Chairman Wind declared the public hearing closed.

Chairman Wind asked the petitioner to address some of the concerns raised.  Mr. Obertino apologized for the lateness of the noise study and said they had just received it.  He feels the noise of the car wash will not be an issue.  The dryers, which create the most noise, are located inside the building and there are doors on the entry side that can be closed if necessary.  Mr. Obertino said that trash pickup is once a week, and is located below grade.  Commissioner Apel asked what material will be used for the retaining wall around the trash dumpster.  Mr. Obertino said it is a modular block wall, and the dumpster is located 6-8’ below grade.  The rooftop units will be new and are much quieter than the old units.  Screening will help reduce the noise further.

Alderman Fleming said that he would like the recommendation to include a stipulation that no outdoor speakers can be installed on this property.  Mr. Haegele noted that their current location uses the phone system that existed on the site, which utilizes outdoor speakers.  The phone system for the proposed de-velopment will not have outdoor speakers. 

Mr. Fleming said that after a cursory review of the noise study, it appears that the noise from the car wash is at or near the limit of noise levels allowed.  He asked how many cars the dealership typically washes in a day.  Mr. Haegele said approximately 20-25 cars could go through the wash per day.  City Planner Aiken said the entrance to the car wash is approximately 300’ from the east property line. 

Commissioner Apel made a motion to recommend approval of Petition Z 10-04 to Board of Aldermen, with the provision that the petitioner turn off the lights as stipulated in the proposal, meet sound standards with the car wash, move the light poles on the north end of the site 20’ to the south, have no outdoor speakers, and provide upper level windows or other architectural treatment, and accept the presented landscaping plan.  Commissioner Theodore seconded the motion, which received unanimous approval from the Commission members present.


A motion was made by Chairman Wind and seconded by Commissioner Schwent to adjourn the meeting.  The motion received unanimous approval, and the meeting was adjourned at 9:40 p.m.

Michael Wind, Chairman
Planning & Zoning Commission