Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION MEETING
Held at the Donald “red” loehr police and court center 300 PARK DRIVE
APRIL 5, 2010 7:00 P.M.

AGENDA

 1. Call to Order

 2. Approval of Minutes 

 3. SUE 10-01 – Special Use Exception Plan Amendment
  Pointe Tower SUE Amendment, 3 Ballwin Commons Circle, Ballwin MO  63021
  Petitioner:  Mr. Steve Ward, Clearwire Communications for T-Mobile, Swansea IL 62226

 4. Z 10-01 – Zoning Ordinance Change
  (C-1 Zoning District Regulations Change)
  Farmer’s Market Regulations
  Petitioner:  City of Ballwin, 14811 Manchester Rd, Ballwin MO 63011

 5. Adjournment

BRIEFS

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 pro-grams or services that we provide, please dial our 24-Hour Information Line (636) 207-2300.

When addressing the Commission, please step up to the podium and state your name and address for the record.  We ask that you limit your remarks to 3 minutes when speaking as an individual and no more than 5 minutes if you are representing a group.  Thank you for your cooperation.

 1. SUE 10-01 – Special Use Exception Plan Amendment
  Pointe Tower SUE Amendment, 3 Ballwin Commons Circle, Ballwin MO  63021
  Petitioner:  Mr. Steve Ward, Clearwire Communications for T-Mobile, Swansea IL 62226
  
 In 2000, Voicestream Wireless was granted, by Ordinance 00-33, a special use exception allowing the erection of a 150’ tall cellular tower and an associated enclosed equipment compound at #1 Ballwin Com-mons Circle adjacent to the Pointe.  The facility was subsequently sold to T-Mobile USA in 2006.  Clear-wire Communications has been authorized by T-Mobile to request an amendment to ordinance 00-33 to allow an additional antenna attachment point at approximately the 130’ level.  There will be no expansion of the equipment compound.  The new equipment will be placed within the existing fenced compound.

 2. Z 10-01 – Zoning Ordinance Change
  (C-1 Zoning District Regulations Change)
  Farmer’s Market Regulations
  Petitioner:  City of Ballwin, 14811 Manchester Rd, Ballwin MO 63011

 The City of Ballwin has been approached by the owner of a parcel of commercial property about the possibility of sponsoring a seasonal farmer’s market one day a week through the summer of 2010.  A farmer’s market can presently be allowed as a special event three times per year for up to three days each time.  There are no zoning or licensing provisions in the code specifically addressing this use.
 

Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE
April 5, 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 Pat Apel
Secretary Frank Karr                           Commissioner Pat Buehrle
Commissioner John Schwent         Commissioner Sue Theodore
Commissioner Chris Wright 
Commissioner Mark Weaver 
Alderman Jimmy Terbrock 
Mayor Tim Pogue  
Assistant City Administrator Thomas Aiken 
City Engineer Gary Kramer 
City Attorney Robert Jones 

Approval of Minutes

A motion was made by Secretary Karr and seconded by Mayor Pogue to approve the minutes of the De-cember 7, 2009 meeting of the Planning & Zoning Commission as submitted.  The motion received un-animous approval from the Commission members present. 

SUE 10-01 – Special Use Exception Plan Amendment
  Pointe Tower SUE Amendment, 3 Ballwin Commons Circle, Ballwin MO  63021
  Petitioner:  Mr. Steve Ward, Clearwire Communications for T-Mobile, Swansea IL 62226

Mr. Steve Ward addressed the Commission on behalf of Clearwire Communications, requesting approval to locate their antenna system on the existing T-Mobile tower at the Pointe at Ballwin Commons.  Clear-wire is partially owned by Sprint, and will be the fifth carrier on the tower.  Mr. Ward stated that the peti-tioner will comply with the recommendations of petition review report. 

Chairman Wind asked about the color of the antennas.  Mr. Ward said that Clearwire’s antennas are white, but can be painted any color.  Chairman Wind asked that the antennas match the color of the tower. 

Secretary Karr asked how long it would take to install the antennas.  Mr. Ward said that construction would be underway within 6-8 weeks, and once begun would take approximately 20 days to complete.

Mayor Pogue asked if the petitioner would be willing to make a contribution to the Parks and Recreation Department to add additional landscaping to help with the impact on the adjacent recreation center and park.  Mr. Ward said the petitioner would be willing to add additional landscaping, or make a donation to the parks department. 

Mayor Pogue asked City Attorney Jones which method would be preferred.  City Attorney Jones said that he couldn’t speak for the parks department, but said they would probably prefer to take the donation and do the work themselves.  Planning Director Aiken agreed, and asked Mr. Ward if a $2500 donation would be reasonable.  Mr. Ward said he doesn’t feel that Clearwire would object if that were made a part of the condition of approval.  He said the company wants to establish a good working relationship with the City.

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 the public hearing was closed.

Secretary Karr made a motion to recommend approval of Petition SUE 10-01 to the Board of Aldermen, with the stipulation that the petitioner provide a $2500 donation to be used for landscaping, and match the antenna color to the existing structure. Alderman Terbrock seconded the motion, which received unanimous approval from the Commission members present.

Z 10-01 – Zoning Ordinance Change (C-1 Zoning District Regulations Change)
  Farmer’s Market Regulations
  Petitioner:  City of Ballwin, 14811 Manchester Rd, Ballwin MO 63011

Planning Director Aiken gave an overview of the queries that led to the proposed changes.  Mr. Aiken said that there isn’t anything in the regulations that addresses the outdoor sale of agricultural products, such as farmer’s markets or Christmas tree lots.  With the proposed changes, this type of event could ei-ther be an allowed use by right in the commercial district, or allowed by special use exception; in either case subject to the proposed regulations. 

Chairman Wind asked about the rationale behind limiting the event to a consecutive six-month period.  Planning Director Aiken said that these events are temporary and seasonal, and the reasoning behind the six-month time limit is so that the market will not become a permanent fixture, vacant in the “off-season.”  City Attorney Jones said that concerns that this type of business could shut down for a day and reopen for an additional six months could be allayed by removing the word “consecutive” and limiting it to just  a six-month period.

Chairman Wind said that he likes the idea of making it allowed by special use exception, so that the City can review the application before the market opens for business.  Planning Director Aiken said that it may be difficult for petitioners to open in a timely manner if they had to go through the six-week petition process.  Commissioner Weaver said that he would rather see someone come in and try it, and fine tune the regulations to address any problems that arise.  City Attorney Jones said that continued compliance with the regulations could be made a condition of the business license.

Mayor Pogue asked Planning Director Aiken what the fees are for a special use exception petition.  Mr. Aiken said with a site plan, which would be a requirement for this type of business, the fee is $1500.  Mayor Pogue said that would be a prohibitive cost for the scout troops that hold Christmas tree lots. 

The Planning & Zoning Commission asked City Attorney Jones to prepare the ordinance, including a de-finition of “agricultural products,” and bring it back before the Commission for review at the May 3, 2010 meeting.

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 7:40 p.m.

 Michael Wind, Chairman
 Planning & Zoning Commission