Planning and Zoning Meeting Agendas and Minutes

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Planning and Zoning Commission Meeting

Meeting Agenda

Meeting Minutes

RECORD OF PROCEEDINGS

MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE
December 5, 2005

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

PRESENT

ABSENT

Chairman Michael Boland

Commissioner Sue Heath

Commissioner Ron Kadane

 

Commissioner Frank Karr

 

Commissioner Jim Keefe

 

Commissioner Jeff Medler

 

Commissioner Tim Reisel

 

Commissioner Don Walters

 

Alderman Jimmy Terbrock

 

Mayor Walt Young

 

Assistant City Administrator Tom Aiken

 

City Engineer Gary Kramer

 

City Attorney Lou Lucchesi

 

      


Approval of Minutes 

A motion was made by Commissioner Reisel and seconded by Commissioner Karr to approve the minutes of the November 7, 2005 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the members present.

Z 05-1 – Zoning Ordinance Change Petition – Clayton Valley Estates, 14706 & 14714 Clayton Road – California Homes, Inc., 1215 Polo Lake Drive, Ellisville MO  63021 – C. Todd Brady

SUB 05-5 (b)—Subdivision Approval Petition—Clayton Valley Estates, 14706 & 14714 Clayton Road—California Homes, Inc., 1215 Polo Lake Drive, Ellisville MO  63021—C. Todd Brady

Mr. Brady addressed the Commission, noting the changes made to the subdivision plan as a result of the concerns raised by the petition review report and at the November meeting.

Mr. Brady proposes to utilize a rain garden system to handle stormwater runoff.  This is an underground detention basin filled with granular material.  It disperses the water to run off in a sheet flow manner. 

Commissioner Kadane said that the rain garden concept is not one that the City of Ballwin has adopted nor has MSD accepted.  Mr. Brady said that the rain garden is being presented as a first option, but if neither the City nor MSD will approve that method, they will revert to conventional underground stormwater detention.  

Alderman Terbrock said he is concerned about erosion to the common ground behind the development.  Mr. Brady said another option is to escrow funds to make changes to the stormwater detention method if the rain garden approach does not work out.  This would involve placing a pipe through the common ground to the creek.  Alderman Terbrock asked if the developer had spoken with the Wildwood subdivision trustees regarding this issue.  Mr. Brady said they had not, because the residents have not raised any concerns.

Commissioner Keefe asked if any studies had been done to estimate how much additional stormwater runoff will be created by the new subdivision.  Mr. Brady said a differential runoff of less than 1 cfs is shown on the plan. 

Commissioner Medler asked if all four lots would be developed at the same time.  Mr. Brady said that their company philosophy is to build one spec, with the rest built as they are sold.

Commissioner Kadane said he does not agree with the zoning change, and asked Mr. Brady how he will address the points of consideration in determining the appropriateness of a zoning change.  Commissioner Kadane feels that the new zoning classification is inconsistent with surrounding zoning classifications.  Mr. Brady disagreed, stating that the underlying minimum lot size in the Wildwood subdivision is 12,000 square feet.  He said that the two lots adjoining his development are unique to the Wildwood subdivision, because they were display homes and had been platted as one-acre lots. His development provides more than 12,000 square feet on each of the four lots. 

Commissioner Kadane asked what would preclude someone from developing the lots on either side of the proposed development.  Mr. Brady said that they have set it up to be developed on the east side by providing a stub street to the east.  The lot to the west is not large enough to be subdivided.

Commissioner Kadane also feels that granting this zoning change would give the developer an economic advantage.  Mr. Brady disagreed, saying that the original site plan, with no request for a change in zoning, also had four lots.  The only reason for requesting the PSD zoning change is to accommodate the stub street and still have a plan that is economically desirable for the petitioner.  Chairman Boland pointed out that the petition review report states that from staff’s perspective, the rezoning is appropriate for this site.  City Planner Tom Aiken said that the zoning change would allow the developer to retain the density while meeting the City’s requirement for a stub street.

Commissioner Keefe asked if the landscaping would be done in conjunction with the building of the display home on Lot 1, and before the other homes are completed.  Mr. Brady said it would. 

Commissioner Medler asked Mr. Brady if he is aware that the new subdivision will be bound by the Wildwood subdivision indentures.  Mr. Brady said he is aware of that.  Commissioner Karr confirmed that the new development would pay the same assessment as homes in the Wildwood subdivision, and the trustees would maintain the common ground.  Mr. Brady said he understood this to be true.  City Planner Aiken said that the City would maintain the street.

Commissioner Keefe asked if the debris on the common ground would be cleaned up.  The property owner said that the debris is on the adjoining property, but Mr. Brady said that anything detrimental to the view of the new homes would be cleaned up.

Alderman Terbrock asked if the recommendation to modify the right-of-way line on Lot #4 would be followed.  Mr. Brady said that was an oversight on their part, and the property line would be changed so that the street could be extended at a 90 degree angle.

Commissioner Kadane asked if it had been determined whether or not the site needs stormwater detention.  Mr. Brady stated that based on MSD regulations, it isn’t required, but the City of Ballwin has retention requirements on every project.  He said they are trying to come up with a solution that is more environmentally friendly than standard detention.  Mr. Brady said he would like for the Commission to make it a condition of approval that if the City’s requirements cannot be satisfied with the rain garden approach, that he will go back and do what is necessary to make it work conventionally.

Mayor Young asked City Planner Aiken if erosion would still be a concern with the rain garden structure.  Mr. Aiken said that on the original proposal, the water would be discharged from a pipe to the south property line, where there is no natural drainageway.  His recommendation at that time was to extend the pipe to the creek running through the common ground.  Mr. Aiken said that, based on the information available, there could be a problem, but he feels that it’s worth trying.

Mayor Young asked why the City isn’t requiring a stub street on both sides of the proposed development.  City Planner Aiken said that the property on the west does not have enough frontage on Clayton Road to be subdivided.  No stub is therefore required in that direction.

Mr. Patrick Worzer of Land Design Services distributed a memo to the Commission addressing the more extensive landscape plan.  He also distributed a new landscape layout, and noted that the new plan provides for more environmental preservation than the original.  Mr. Worzer said that the differential stormwater runoff is very small.  He asked that the detention requirements be waived, as standard detention would raise more erosion concerns than the rain garden structure.  

Commissioner Kadane asked if the Planning & Zoning Commission had the authority to waive detention requirements.  Mr. Aiken said that the authority rests with the Board of Aldermen. 

Chairman Boland opened the public hearing and asked if there were any proponents to speak in favor of petitions Z05-1 and SUB05-5(b).  The following residents addressed the Commission:

            Mark Scheller, realtor and son-in-law of Les & Pearl Storch, 14714 Clayton Road, said that due to the age of the property and proximity to Clayton Road, would be difficult to sell as a single lot.  He feels that it will be an impressive subdivision.

            Lynn Goetz, 14706 Clayton Road, feels that the Ballwin side of Clayton Road needs nice developments to improve the appearance and raise the tax base. 

            John Kennedy, 14694 Clayton Road, is concerned about stormwater runoff and that the trees at the front of the property will block the view of traffic.

            Joann Petersen, daughter of one of the sellers, would like for the process to move forward as quickly as possible.

There were no other proponents.  Chairman Boland then asked if there were any opponents to speak against the petitions.  There were none.  Chairman Boland declared the public hearing closed.

Commissioner Reisel said that he does not see the need for this zoning change.  He said this Commission is charged by ordinance to make recommendations “with a view to conserving the values of buildings and encouraging the most appropriate use of land throughout the city.”  He feels that there is nothing inappropriate about the current use of the properties.  They are not undeveloped, disadvantaged, or blighted.  If the Commission says these lots are underutilized, then it is saying that every large residential lot in the city is underutilized and subject to redevelopment.

Commissioner Reisel noted that the four recent uses of the PSD district have been applied to undeveloped or uniquely disadvantaged properties, and none of them featured an existing dwelling.  One of the developments, Clayton Corners, is 7/10 of a mile away from the proposed development.  Of the twenty proposed home sites, only three structures have been built to date, and none are currently owned by private individuals.

Commissioner Reisel said he sees no justification to change the zoning to the PSD classification, nor adding another PSD district so close to one that is incomplete and not thriving after three years’ time.  He feels that PSD is not an appropriate classification for these properties.

Mayor Young said that the biggest obstacle to the completion of Clayton Corners is uncertainty as to the development of the property to the east. 

Alderman Terbrock asked the petitioner to address the issue of landscaping blocking the view of traffic on Clayton Road.  Mr. Worzer said that their proposal will be reviewed by MoDOT, and they will not create a situation where the landscaping will cause problems.

Commissioner Keefe said that he feels the proposed development has been nicely laid out and will be a good project for the City of Ballwin and the current property owners.  Commissioner Karr observed that all the lots down Clayton Road will have to have stub streets on the east and west sides of the properties.

Commissioner Keefe made a motion to recommend approval of petition Z05-1 to the Board of Aldermen. Alderman Terbrock seconded the motion.  A voice vote was taken with the following results:  Aye – Boland, Medler, Keefe, Karr, Walters, Young, Terbrock;  Nay – Reisel, Kadane.  The motion passed. 

Commissioner Terbrock made a motion to recommend approval of petition SUB05-5 to the Board of Aldermen, with the condition that the petitioner provide documentation that the Wildwood subdivision trustees will allow the developer to enter the common ground if the rain garden structure proves insufficient.  Commissioner Walters seconded the motion.  A voice vote was taken with the following results:  Aye – Boland, Medler, Keefe, Karr, Walters, Young, Terbrock;  Nay – Reisel, Kadane.  The motion passed. 

SUE 05-13 – Special Use Exception – Restaurant with Carryout and Sale of Alcoholic Beverages (No Live Entertainment) – 15583 Manchester Road (Farber Center) – Mr. Kang Chu Na

Mr. Na addressed the commission, requesting approval for a Special Use Exception to open a Japanese cuisine restaurant. 

Commissioner Keefe asked Mr. Na if he had previously operated a restaurant, and if they are still there.  Mr. Na said that he had owned restaurants in Clayton and St. Peters, but had sold them.

Commissioner Kadane asked if the restaurant would sell only beer and wine as opposed to an open bar.  Mr. Na said that he would only sell beer and wine.  Mr. Aiken said that there is only one type of special use exception for the sale of alcohol by the drink for consumption on the premises.  It does not differentiate between open bar and beer/wine; that would be dictated by the liquor license.

Chairman Boland declared the public hearing open, and asked if there were any proponents to speak in favor of petition SUE 05-13. 

            Sharon Wiseman, Central Realty, spoke on behalf of the owner of the property.  The owner is very much in favor of Mr. Na’s restaurant.

There were no other proponents.  Chairman Boland then asked if there were any opponents to speak against the petitions.  There were none.  Chairman Boland declared the public hearing closed.

Commissioner Medler made a motion to recommend approval of petition SUE 05-13 to the Board of Aldermen. Commissioner Kadane seconded the motion.  The motion received unanimous approval from the Commission members present. 

SUE 05-6 – Special Use Exception – Site Development Plan Amendment – Ballwin Baptist Church, 15101 Manchester Road, Ballwin MO  63011 – Mr. Robert Curtis

Christine Look of Bax Engineering addressed the Commission on behalf of Ballwin Baptist Church. They are proposing a 7900 square foot addition to their building for educational purposes.  The new addition will be located on the west side of the church, which is currently a parking lot.  An additional parking lot is being proposed on the northwest corner of the property.  A ten-foot landscape strip is being proposed along Manchester Road and Shirley Lane for the length of the project.

Ms. Look said that additional detention will not be required by MSD at this time.  Commissioner Reisel confirmed that stormwater runoff would go into the existing detention basin.

Commissioner Kadane asked if the church agreed to the condition about the 30% contribution to the sidewalk project on Manchester Road.  Ms. Look deferred to Mr. Tom Vance of Ballwin Baptist Church.  Mr. Vance said they are willing to do so. 

Alderman Terbrock asked about the landscaping that is not shown on the plan.  Ms. Look said that the petitioner was told that they would only have to comply with landscaping requirements within the limits of the new construction.  City Planner Aiken explained that the site was reviewed according to the guidelines applied to a commercial site.  The Board of Aldermen have maintained that when portions of an existing commercial site are amended, only the portions that change are required to come into compliance.

Commissioner Kadane asked about the purpose of the road in the front of the building that ties into the bank parking lot.  Ms. Look said that it is an existing roadway.  Mr. Aiken said that the interconnection is a current requirement of the C-1 district. 

Alderman Terbrock asked about the height of the steeple.  Mr. Aiken said that the height limitation in the C-1 district is 45’ but churches have a special set of limitations that allow them to go as high as 75’ with the steeple.  Ballwin Baptist Church’s steeple is just under 75’.

Chairman Boland declared the public hearing open, and asked if there were any proponents to speak in favor of petition SUE 05-6.  There were none.  Chairman Boland then asked if there were any opponents to speak against the petitions.  There were none.  Chairman Boland declared the public hearing closed.

Mayor Young made a motion to recommend approval of petition SUE 05-6 to the Board of Aldermen. Commissioner Kadane seconded the motion.  The motion received unanimous approval from the Commission members present

Comprehensive Plan Steering Committee Update

Commissioner Karr reported that there have been two meetings.  At the most recent meeting, City Administrator Bob Kuntz and Assistant City Administrator/City Planner Tom Aiken gave an overview of the previous comprehensive plans.  The committee members have formed subcommittees to interview subdivision trustees.  Mr. Karr said the next meeting of the committee will be held at 7:00 p.m. on December 19, 2005 at the Ballwin Golf Course Clubhouse.  The mayor and aldermen will present their vision of the future of Ballwin. 

Adjournment

A motion was made by Commissioner Medler and seconded by Commissioner Kadane to adjourn the meeting.  The motion received unanimous approval.  Mr. Aiken reminded the Commission that the January meeting will be held on Tuesday, the 3rd.  The meeting was adjourned at 8:50 p.m.

            Michael Boland, Chairman

            Planning & Zoning Commission