Planning and Zoning Meeting Agendas and Minutes
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Planning and Zoning Commission Meeting
PLANNING & ZONING COMMISSION MEETING AGENDA
* * Held at the Ballwin golf course clubhouse * *
AGENDA / briefs
1. Call to Order
2. Approval of Minutes
3. Z 13-05 – Zoning Ordinance Change
(Continued from June 2013 meeting) Mr. Henderson is requesting that the allowed uses specified in the MRD Governing Ordinance (10-43) addressing this site be amended to include an indoor shooting range and retail sales and that the approved site development plan of the 3 lot U-Gas subdivision (approved per ordinance 10-44) be amended to accommodate the new uses on lot 3 of the subdivision. This petition is being submitted with the knowledge and concurrence of Tayco Seven Trails Drive LLC, the present owner of the property.
4. Z 13-06 – Zoning Ordinance Change
Tayco Seven Trails Dr. LLC is requesting that the approved site development plan of the 3 lot U-Gas subdivision be amended to allow an underground detention and water quality facility in place of the surface facility that was approved per ordinance 10-43.
5. Z 13-07 – Zoning Ordinance Change
This petition proposes to amend the site development plan of Ballwin Grove Plaza portion of the site to allow the construction of permanent architectural covers over the patio eating areas associated with the Circle 7 Ranch and Mia Sorella restaurants. The size of the patios will not be increased in area nor will the amount of seating in each restaurant be increased.
6. Z 13-08 – Zoning Ordinance Change (Zoning District Change)
McKelvey Homes is proposing to change the zoning district classification of this 3.8 acre site from R-1 (the northeastern 200’ of this site is zoned R-1) and R-2 (the balance of the site is zoned R-2) to PSD. A 9 lot detached single family subdivision with vehicular access via the extension of the street stub of Log Hill Ln. coming through the adjoining Log Hill subdivision and extending to Lucerne Place Dr. is proposed.
7. SUB 13-02 – Subdivision (The Enclave at Lucerne)
McKelvey Homes is proposing to develop a 9 lot single family subdivision on an approximately 3.8 acre tract at 628 – 630 Kehrs Mill Rd.
8. Z 13-09 – Zoning Ordinance Change (Rezoning /Preliminary Development Plan Approval)
Triostone Properties, LLC is requesting a change in the zoning district classification from R-3 Single Family to R-4 Planned Multiple Dwelling District for the approximately 3 acre parcel of land at 855 Westglen Village Dr. This parcel is located between the Westglen Village Condominiums and the Westglen Village Apartments. The petitioner proposes to develop the property in a single family development. This use is allowed in the R-4 district.
9. SUB 13-03 – Subdivision (Westglen Court)
The petitioner proposes to develop a 10 lot single family subdivision on an approximately 3 acre tract at 855 Westglen Village Dr.
RECORD OF PROCEEDINGS
The meeting of the Planning and Zoning Commission was called to order by Chairman Mike Wind at 7:00 p.m. Members in attendance were:
A motion was made by Chairman Wind and seconded by Commissioner Schwent to approve the minutes of the June 3, 2013 meeting of the Planning & Zoning Commission as submitted. The motion received unanimous approval from the Commission members present.
Z 13-06 – Zoning Ordinance Change
Chairman Wind asked how deep the system goes. Mr. Quigley said it will be the same depth as it is cur-rently. Alderman Boland asked if this change is being requested for the current petitioner for the space (the indoor shooting range). Mr. Quigley said that this amendment to the site plan will benefit anyone who uses the site.
Chairman Wind opened the public hearing and asked if anyone wished to speak in opposition to the peti-tion. No one came forward. Chairman Wind asked if anyone wished to speak in favor of the petition. No one came forward, and Chairman Wind declared the public hearing closed.
Mayor Pogue said that he feels approval of this petition will make the property more marketable.
Alderman Boland made a motion to recommend approval of Petition Z 13-06 to the Board of Aldermen. Chairman Wind seconded the motion, which received unanimous approval from the Commission members present.
Z 13-07 – Zoning Ordinance Change
Alderman Boland asked if this will be a fully enclosed space or just a roof. Mr. Biermann said it will just be a roof. Chairman Wind asked if the tall structures shown on the elevation drawings are fireplac-es. Mr. Biermann said that they are. Chairman Wind asked if they are existing fireplaces. Mr. Biermann the petitioner is proposing to build stone fireplaces to create an atmosphere in the space.
Chairman Wind asked City Planner Aiken if there is a concern or requirements regarding fireplaces in restaurants. Mr. Aiken said building permits will be required, with review by the City as well as the fire district, so any regulations will be addressed at that time. Mr. Dan Thies, of Clayton Henry LLC, said that per the fire district, sprinklers will be required. Mr. Thies also corrected a statement made by Mr. Biermann – in the spring, summer, and fall, the patio will not be enclosed; however, in the winter, plastic panels will be put in place, enclosing the space.
Alderman Boland asked about the time frame for construction, if the petition is approved by the Board of Aldermen. Mr. Thies said they plan to begin construction the day after approval is granted.
Chairman Wind opened the public hearing and asked if anyone wished to speak in opposition to the peti-tion. No one came forward. Chairman Wind asked if anyone wished to speak in favor of the petition. No one came forward, and Chairman Wind closed the public hearing.
Mayor Pogue made a motion to recommend approval of Petition Z 13-07 to the Board of Aldermen. Chairman Wind seconded the motion, which received unanimous approval from the Commission members present.
Mr. Jim Brennan of McKelvey Homes addressed the Commission. He gave a brief overview of the pro-posed development and the surrounding neighborhood. He said the base starting price of the homes will be $375,000; however, with customization and options the homes will range in price from $450,000 to over $500,000.
Mr. Brennan said this parcel is very narrow. The petitioner would like to change the front yard setback from 40’ to 25’ to make the rear yards larger. The petition review report recommended stepping the set-backs down from 40’ to 25’ on some lots. Mr. Brennan said the petitioner is in full agreement with this. He said that smaller front yard setbacks mean smaller driveways, thus reducing the amount of impervious pavement, and helping to reduce stormwater runoff.
Mr. Brennan said that the petitioner plans to bring most of the construction traffic through a gravel road on the property from Kehrs Mill Rd. He said that a meeting was held with the neighboring residents and the general feeling from those in attendance was positive in regards to the homes that McKelvey builds. Some of the residents at the meeting were concerned about extending the stub street. They felt it would increase traffic in front of their homes. Others were in favor of the extension, feeling that it would reduce traffic in front of their homes. Mr. Brennan said that two access points will help first responders in an emergency.
Alderman Boland asked whether it would reduce the number of homes if a cul-de-sac were built instead of a through street. Mr. Brennan said at least one lot would be lost. When the property was purchased, the petitioner thought it would be possible to get ten homes on the site; it is not financially feasible to further reduce the number of lots below nine.
Chairman Wind asked about the dedication of open space or fee in lieu of such dedication as recommend-ed in the petition review report. Mr. Jim Hall said the petitioner will pay the fee per lot, and also agrees to the sidewalk reimbursement. Alderman Boland also confirmed that the petitioner agrees to the no-grade zone. Mr. Brennan said that will not be a problem if the transitional front yard setbacks are allowed. Chairman Wind asked about the chain link fence along Lucerne Place. Mr. Brennan deferred to Mr. Gary Mertz, owner of the property. Mr. Mertz said that the fence was put in with the agreement of the residents of Lucerne Place at the time, and belongs to the Mertz family. Chairman Wind asked who owns the property from the fence to Lucerne Place. City Attorney Jones said it is part of the right-of-way and is owned by the City of Ballwin.
Mr. Mark Wegmann, 71 Log Hill Ln, spoke in favor of the proposal. He feels the additional access point for emergency vehicles is a good idea. He feels McKelvey is a good builder and the proposed development will add value to his home. Chairman Wind asked if Mr. Wegmann attended the meeting of the homeowners mentioned by Mr. Brennan, and if so, would he agree that most of the homeowners in attendance were in favor of the development. Mr. Wegmann said he attended the meeting and would agree with Mr. Brennan’s statement.
Mr. Gary Mertz, 28 Log Hill Ln, said that while he will benefit from this development, he will contin-ue to live in the neighborhood. He feels that McKelvey will build quality homes that will add to the surrounding area. Chairman Wind asked Mr. Mertz if he attended the homeowners’ meeting. Mr. Mertz said that he did. Mr. Mertz said people were very much in favor of the proposal.
Mr. Brennan clarified his statement, saying that the homeowners at the meeting overall liked the appear-ance, quality, and value of the homes built by McKelvey. He said there was a lot of negative discussion related to the extension of the stub street.
Mrs. Judy Urbas, 112 Log Hill Ln, feels that the two entrances to the subdivision will be safer for emergency vehicles, and feels the homes will bring up the value of her home. She said there was a concern about the second entrance, but she is in favor of it.
Mr. Bob Wiegert, 621 Log Hill Ct, trustee for Log Hill Subdivision, personally supports the proposal. He feels it will be positive for the neighborhood. Feedback from two residents of the subdivision was mixed. The extension of the street was the major concern.
Mr. Sid Fields, 130 Log Hill Ln, spoke in favor of the petition. Feels that the second access point will reduce traffic and help the subdivision.
No one else came forward in favor of the petitions. Chairman Wind asked if anyone wished to speak in opposition to the petitions.
Mrs. Jennifer Robinson, 41 Log Hill Ln, feels the 25’ front yard setback will cause more on-street parking, which she feels is dangerous. She is concerned that the new homes may not sell. Will Mr. Mertz be part of the proposed neighborhood? She is concerned that McKelvey will be allowed to pay a fee rather than provide green space. Is this putting Ballwin citizens first? She feels that the pro-posed development will be too dense.
Chairman Wind addressed the green space issue, saying that any developer has the option to either dedi-cate green space, or to pay a fee in lieu of this dedication, which goes towards parks and recreation.
Mrs. Beth Weimholt, 156 Lucerne Place Dr, said that while McKelvey homes are beautiful, the exten-sion of the street to Lucerne Place will increase traffic. She is concerned about sight distance.
Mr. Cliff Robinson, 41 Log Hill Ln, chose his house at the end of the subdivision because it is not a through street. He has eight children and wants to keep his part of the street a dead end. He’s con-cerned with safety if it is a through street.
Ms. Janet Zeller, 125 Log Hill Ln, is concerned about her security and the increased potential for crime if the street becomes a through street. She is concerned about kids cruising, crime, and traffic issues.
Ms. Rosemarie Falvo, 959-F Quail Terrace Ct, does not live in the neighborhood, but is opposed be-cause she feels more houses are not needed.
No one else came forward in opposition to the petition. Chairman Wind declared the public hearing closed.
Mr. Brennan addressed several points raised in the public hearing. Regarding the parking issues, all of the homes in the proposed development will have three-car garages, with driveway space for three cars. Mr. Brennan said Mr. Mertz’ property will not be part of the proposed development. Mr. Mertz confirmed this. Mr. Brennan said it is logical to make the connection to Lucerne Place rather than Kehrs Mill.
Commissioner Schwent asked where the cul-de-sac would go if it were to be built. Mr. Brennan said it would back up to the dead end of Log Hill Lane, and it doesn’t make sense to have a cul-de-sac up against a stub street.
Commissioner Goetz asked about the demographic of the potential buyers. Mr. Brennan said with interest rates as low as they are, it could be anyone.
Mayor Pogue noted that Ballwin has an ordinance that requires the extension of the stub street into the new development as well as its continuation to Lucerne Place. Chairman Wind said he can understand the concerns about additional traffic at the far end of Log Hill Ln, but notes there would be better access for emergency vehicles. A cul-de-sac in the new development would not be a good fit, regardless of how many homes it would accommodate. Chairman Wind said he doesn’t see crime as an issue. He agrees with the stepped back front yard setbacks as a transition to Log Hill Estates. Three-car garages will alle-viate some of the on-street parking concerns. Residents will have to be careful with their children.
Alderman Boland made a motion to recommend approval of Petition Z 13-08. Chairman Wind seconded the motion, which received unanimous approval from the Commission members present.
Alderman Boland made a motion to recommend approval of Petition SUB 13-02, with the stepped set-backs – 30’ on Lot 5, 35’ on Lot 6, and all other lots 25’. Chairman Wind seconded the motion, which received unanimous approval from the Commission members present.
Z 13-09 – Zoning Ordinance Change (Rezoning /Preliminary Development Plan Approval)
Mr. Brad Goss, attorney for the petitioner, addressed the Commission on behalf of Fred Schmidt of Tri-ostone Properties. Mr. Goss said that the petitioner is requesting the rezoning of the property to R-4 and is proposing a condominium development. This is a change from the single-family development proposal that the Commission members received in their meeting packet. The petitioner is still proposing 10 de-tached single family dwelling units; however, the yards and driveways will be maintained by the condo-minium association.
Mr. Goss gave an overview of the site and the surrounding neighborhood. He noted that Payne Family Homes will be the builder. The three-bedroom homes will be 1350-1780 square feet, and will be priced at $275-325,000. There will be street trees throughout the site, and the cul-de-sac island will have vegeta-tion.
Commissioner Goetz asked what will be in the center of the cul-de-sac. Mr. Goss said it will be a street-light. Mr. Goetz said it is marked as a hydrant. Mr. Michael Boerding of Sterling Engineering said that a fire hydrant is shown on the plans because Missouri American Water usually runs a water main and sets the hydrant in the cul-de-sac. Commissioner Goetz raised a concern that the vegetation planted in the cul-de-sac would eventually grow and hide the hydrant from view. Can it be part of the indentures to keep the vegetation trimmed back? Mr. Boerding said yes; it will be dedicated as common ground and mainte-nance will be the responsibility of the condominium association.
Alderman Boland asked if the petitioner is calling these homes “condominiums” now because the spacing between the homes doesn’t meet the requirements for single family. Mr. Goss said it meets a market, and also addresses a concern raised in the petition review report regarding 5’ side yards. He said Payne Homes has used this concept in other developments. Alderman Boland asked why the petitioner didn’t make the units duplex villas – then the spacing between the homes wouldn’t be an issue. Mr. Goss said that the petitioner looked into doing that, but there is not a market for that type of home in this area.
Secretary Karr asked if there would be an irrigation system built to maintain the landscaping. Mr. Goss said yes. Secretary Karr asked if the maintenance of the irrigation system will be paid for in the condo-minium fees. Mr. Goss said that it will. Secretary Karr asked what the anticipated condominium fees will be. Mr. Goss said it would be approximately $175-$225 per year. Commissioner Goetz questioned whether that amount would be sufficient to cover exterior maintenance, including roof replacement. Mr. Goss said that the roof will be the responsibility of the condo owner. He said other developments have used this concept.
Chairman Wind said there are no developments in the City of Ballwin that have 5’ side yard setbacks. Mr. Goss said everything around the site is R-4. He said there are other condominium developments in Ballwin with 5’ side yard setbacks. Chairman Wind argued that those developments have a multi-family character with more than one dwelling unit per building. Mr. Goss said that the proposed development is a good transition for the surrounding neighborhood.
Chairman Wind asked if the entire area shown for detention is required. Mr. Goss said that it is required by MSD. Commissioner Goetz asked City Planner Aiken if an underground stormwater detention system is acceptable for residential developments. Mr. Boerding answered, saying that MSD will not allow an underground system in an entirely residential development. Chairman Wind asked if another area on the site can be used for detention. Mr. Boerding said it would require significant grading to do so.
Chairman Wind asked if the petitioner would be adding sidewalks per the recommendation of the petition review report. Mr. Boerding said the petitioner is willing to do so. Mr. Goss said that in response to the petition review report, the plan submitted to the Commission at this meeting shows the sidewalks.
Alderman Boland agreed, saying that until he arrived at the meeting, everything he had read and made notes on was regarding a development with one dwelling unit per building on conventional lots. Chair-man Wind said he is in favor of tabling these petitions to allow staff to make a complete review. Mr. Goss said that earlier in the week, he had asked City Planner Aiken if he wanted the petitioner to table the petitions, and Mr. Aiken said it was the Commission’s decision. Chairman Wind told Mr. Goss that the petitioner always has the right to ask that a petition be tabled. City Planner Aiken said the issue was that the public hearing had already been advertised. When he spoke with Mr. Goss previously, he raised the issue of this change, but did not inform staff until 4:51 p.m. on Friday that the change was actually going to be made.
Mayor Pogue said that even if the Commission does decide to table the petitions, the public hearing should still be opened so that the residents in attendance can speak. City Attorney Jones agreed. Chair-man Wind noted that the speakers should keep in mind that the petitions have changed. City Planner Ai-ken said that there are several major elements that have not changed, such as density and access. Mayor Pogue said that he feels changing the petition from single family to condominiums is simply a way to skirt the side yard setback issue. He said he has historically been adamantly opposed to this tight spacing, and will continue to do so. He is opposed to this plan in all aspects as it has been submitted.
Chairman Wind opened the public hearing and asked if anyone wished to speak in opposition to Petitions Z 13-09 and SUB 13-03.
Ms. Edith Mitchell, 349 Fox Village Ct, owns one of the six units that will back to the proposed devel-opment. She feels that this development will negatively impact the quality of life for the adjacent properties. There is a spring on the site which will make matters worse.
Ms. Rosemarie Falvo, 959-F Quail Terrace Ct, said the quiet, greenery, and wildlife will be lost with this development. There is no benefit for the surrounding community.
Ms. Theresa Parkin, 341 Fox Village Ct, owns one of the six units that will back to the proposed de-velopment. She said there are drainage problems already which will be made worse. She does not want the traffic behind her home.
Mr. Kit Menke, 337 Fox Village Ct, owns one of the six units that will back to the proposed develop-ment. His back yard will have a direct line of sight to the proposed development. He will lose his view of greenspace. He noted that his current association fees are $80/month.
Ms. Sheila Hill, 300 Fox Village Ct, and president of the townhome association. She challenges the statement that the association fees for the proposed development will be $175-$200 annually. That is unrealistic amount. She does not feel the proposed development fits into the surrounding community.
Ms. Richard Guth, 333 Fox Village Ct, feels that the developer should meet with the residents of the surrounding community before coming back to Commission. Feels access to the proposed develop-ment should be through Fox Village Ct.
No one else came forward in opposition to the petition. Chairman Wind asked if anyone wished to speak in favor of Petitions Z 13-09 and SUB 13-03. No one came forward, and Chairman Wind declared that the public hearing would remain open until the next Planning & Zoning Commission meeting.
Mr. Fred Schmidt of Triostone Properties said that he elected to continue with the petition at this meeting to allow for the public hearing. If he had been given more notice of the issues with his petitions, he would have been able to resolve many of the issues raised in the petition review report. The proposed units are intended for the aging population of Ballwin who want to stay in the area, and not have to worry about maintenance. He feels the proposed changes comply with City ordinances. He has reports from soils engineers stating that the property is suitable for development. Mr. Schmidt said
City Planner Aiken noted that the petition review report went out one week earlier than usual. Ballwin’s review period is short to minimize petition processing time. If a petitioner wants to have time to resubmit plans prior to the public hearing, petitions need to be turned in well before the latest possible deadline for submittal.
Alderman Boland made a motion to table Petition Z 13-09. Chairman Wind seconded the motion, which received unanimous approval from the Commission members present.
Alderman Boland made a motion to table Petition SUB 13-03. Chairman Wind seconded the motion, which received unanimous approval from the Commission members present.
Z 13-05 – Zoning Ordinance Change
Mayor Pogue made a motion to table Petition Z 13-05, allowing time for the petitioner to go before the Board of Adjustment, and hold the public hearing open until the next meeting of the Planning & Zoning Commission. Alderman Boland seconded the motion, which received unanimous approval from the Commission members present.
A motion was made by Mayor Pogue and seconded by Alderman Boland to adjourn the meeting. The motion received unanimous approval, and the meeting was adjourned at 9:31 p.m.
Michael Wind, Chairman