Planning and Zoning Meeting Agendas and Minutes

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Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION MEETING
Held at the Donald “Red” Loehr Police and Court Center
300 Park Drive
May 5, 2014 • 7:00 P.M.

Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation. If one requires an accommodation, please call (636) 227-8580 V or (636) 527-9200 TDD or 1-800-735-2466 (Relay Missouri) no later than 5:00 p.m. on the third business day preceding the hearing. Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.

Agenda / Briefs

1. Call to Order

2. Approval of Minutes

3. Z 13-11 Zoning Ordinance Change (R-3 to PSD)

SUB 13-05 Subdivision
Westglen Court Subdivision, 855 Westglen Village Dr, Ballwin MO 63021
Petitioner: Mr. William F. Kemp, Kemp Homes, 320 N Bemiston, Clayton MO 63105

(Held over from March 2014 meeting) Kemp Homes is requesting a change in the zoning district classification from R-3 Single Family to PSD Planned Single Family 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 with a 9 lot single family subdivision.

4. SUE 14-01 Special Use Exception

(Restaurant with Carryout, Liquor by the Drink, and Drive Through Window)
St Louis Taco & Pita Grill, 15493 Manchester Rd, Ballwin MO 63011
Petitioner: Mr. Nawshad Kabir, The Star Group LLC, 405 Elm Crossing Ct, Ballwin MO 63021

(Held over from the April 2014 meeting) Mr. Kabir is proposing to open a Mexican and Greek fusion restaurant with alcoholic beverage sales and a drive through window in the former Kentucky Fried Chicken restaurant at 15493 Manchester Rd. Mr. Kabir plans to occupy the existing building and site with no substantive changes to either. A beer and wine license is requested. The necessary SUE is being requested as a part of this petition.

5. Z 14-02 Zoning Ordinance Change (Amended Site Development Plan)

Westglen Plat 7 Resubdivision, 905 Quail Terrace Dr, Ballwin MO 63021
Petitioner: Mr. Kenn Grasse, 2187 White Lane Dr, St Louis MO 63017

Mr. Grasse is proposing to create two single family lots adjacent to Westglen Village Drive on an undeveloped portion of the Westglen Village Apartments site. The R-4 site development plan for the apartments must now be amended to all the creation and rezoning of these two lots.

6. Election of Officers

7. Adjournment

Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DR
May 5, 2014

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
Secretary Frank Karr
Commissioner Lynn Goetz
Commissioner John Schwent
Commissioner Mike Utt
Commissioner Mark Weaver
Commissioner Chris Wright
Commissioner Lisa Zimmerman
Alderman Michael Boland
Mayor Tim Pogue

Assistant City Administrator/City Planner Thomas Aiken
City Engineer Gary Kramer
City Attorney Robert E. Jones

 Approval of Minutes

A motion was made by Commissioner Weaver and seconded by Alderman Boland to approve the minutes of the April 7, 2014 meeting of the Planning & Zoning Commission as submitted. The motion received unanimous approval from the Commission members present.

Z 13-11 Zoning Ordinance Change (R-3 to PSD)
SUB 13-05 Subdivision
Westglen Court Subdivision, 855 Westglen Village Dr, Ballwin MO 63021
Petitioner: Mr. William F. Kemp, Kemp Homes, 320 N Bemiston, Clayton MO 63105

Mr. Mark Teitelbaum of Kemp Homes stated that these petitions were tabled at the March 2014 meeting of the Planning & Zoning Commission to allow the petitioner time to work out an acceptable sidewalk solution with MSD, address stormwater issue, and to request a variance for setbacks on two of the lots.

Mr. Teitelbaum said that the petitoner’s request for a variance was approved at the April 2014 meeting of the Board of Adjustment. He said that standard sidewalks will be installed rather than pervious side-walks.

Alderman Boland said that he received a copy of the approval from the Board of Adjustment, but doesn’t have documentation on the sidewalks. Mr. Teitelbaum said he believes that he submitted everything that was requested. City Planner Aiken said he did not forward information on the sidewalks to the Commis-sion members, because he did not understand that the information provided was a formal submittal. Mr. Aiken said he spoke with the petitioner’s engineer, who discussed the sidewalk situation with MSD. The original proposal called for pervious pavement in the sidewalks. The concern was about how well that would hold up in this environment, and whether the city was in a position to take care of such sidewalk material over the long term in event it became a maintenance issue. It was suggested that the stormwater issue could be resolved by eliminating the pervious pavement and installing as second water quality fea-ture on the other side of the road. The petitioner’s engineer said that MSD agreed that the pervious pave-ment was not ideal for this application, and that a second water quality feature was not necessary. Mr. Aiken said if MSD is satisfied, the City of Ballwin feels that the problem is addressed.

Alderman Boland said that when the petitioner was before the commission in March, there were a number of residents who spoke against the petition. Have those issues been worked out? Mr. Teitelbaum said he spoke with the residents after the March hearing, and explained the proposal in more detail. He said no one came to the Board of Adjustment meeting to oppose the variance.

Chairman Wind confirmed that the public hearing was held open, and asked if there was anyone wishing to speak in opposition to Petitions Z 13-11 and SUB 13-05. No one came forward. Chairman Wind asked if there was anyone wishing to speak in favor of the petitions.

Ms. Connie Scheppers, 304 Fox Village Ct, Board of Directors treasurer, said she spoke to five of the six owners in buildings which will have the street behind them. They had no objections, and liked the idea of single family homes. Theresa Parkin, the homeowner whose property abuts the develop-ment stated that she also has no objection. Ms. Scheppers said no one has contacted her with objec-tions.

No one else came forward, and Chairman Wind declared the public hearings closed. Alderman Boland confirmed that the variance was given for Lots 1 and 9. City Planner Aiken said that is correct. Chairman Wind asked who owns the property to the south of the proposed development. Mr. Teitelbaum said it is owned by the apartments. City Planner Aiken said it is considered green space. It is not common ground.

Mayor Pogue made a motion to recommend approval of Z 13-11 to the Board of Aldermen. Chairman Wind seconded the motion, which received unanimous approval from the commission members present.

Mayor Pogue mad a motion to recommend approval of SUB 13-05 to the Board of Aldermen. Chairman Wind seconded the motion, which received unanimous approval from the commission members present.

SUE 14-01 Special Use Exception
(Restaurant with Carryout, Liquor by the Drink, and Drive Through Window)
St Louis Taco & Pita Grill, 15493 Manchester Rd, Ballwin MO 63011
Petitioner: Mr. Nawshad Kabir, The Star Group LLC, 405 Elm Crossing Ct, Ballwin MO 63021

Mr. Cuneyt Dinceroglu, property owner, addressed the Planning & Zoning Commission. He is leasing the building to Mr. Kabir. Chairman Wind noted that an architectural landscaping plan and a letter from the property owner allowing the cross-access easement were submitted to the commission. City Planner Ai-ken said he feels the petitioner has adequately addressed the two concerns of the commission.

Chairman Wind asked if public hearing needed to be held. City Planner Aiken said he believed the public hearing remained open. Mayor Pogue said the minutes stated it had been closed.

Mayor Pogue made a motion to recommend approval of Petition SUE 14-01 to the Board of Aldermen. Commissioner Wright seconded the motion, which received unanimous approval from the Commission members present.

Z 14-02 Z 14-02 Zoning Ordinance Change (Amended Site Development Plan) Westglen Plat 7 Resubdivision, 905 Quail Terrace Dr, Ballwin MO 63021
Petitioner: Mr. Kenn Grasse, 2187 White Lane Dr, St Louis MO 63017

Mr. Tim Baker of Cole & Associates Engineering addressed the Commission, requesting approval for the site plan amendment. Mr. Baker stated that at the April 7, 2014 meeting of the Planning & Zoning Com-mission, there were concerns raised about the geotechnical aspect due to the significant amount of fill. Mr. Baker said he spoke with SCI Geotechnical Consultants, who did not feel this situation was unique. They will do a building analysis after taking a core sample of the soil and recommend specifications for filling in the area.

Alderman Boland asked how much of a drop it is from the sidewalk level to the back of the property. Mr. Baker said it is a 40’ difference. Chairman Wind asked if this is all still one lot. City Planner Aiken said the rezoning and subdivision of this lot was recommended for approval at the April 7, 2014 meeting. This petition is to amend the R-4 site development plan to allow these two lots to be carved off that original multiple family site. Mr. Baker said the petitioner sold the apartments, while retaining the right to develop the two lots.

Alderman Boland asked about the price range for the homes. Mr. Baker said there are significant costs to developing the lots, so these will be upscale homes.

Chairman Wind opened the public hearing and asked if there was anyone wishing to speak in opposition to Petition Z 14-02.

Mr. Greg Jackson, 935 Westrun Dr, said he is not necessarily opposed to the proposed development, but he is concerned about drainage issues being exacerbated by these houses. He said the detention basin has become clogged with gravel in the past, and has been poorly maintained by the owner of the apartment complex. Who will be responsible for the detention basin if these houses are built?

Chairman Wind said the detention basin is part of the apartment complex property, so the owner of the apartments would be responsible. Chairman Wind asked City Engineer Kramer who in the city Mr. Jack-son would contact if this becomes a problem. Mr. Kramer said he would be the point of contacted for enforcement of the maintenance. Mr. Baker addressed the issue, saying that MSD is requiring the peti-tioner to install a rain garden at the back of each lot to capture drainage and address water quality issues. MSD will also require the detention basin to be brought to current capacity standards.

No one else came forward to speak in opposition to the petition, and Chairman Wind asked if there was anyone who wished to speak in favor of Petition Z 14-02. No one came forward, and Chairman Wind closed the public hearing.

Mayor Pogue made a motion to recommend approval of Petition Z 14-02 to the Board of Aldermen. Chairman Wind seconded the motion, which received unanimous approval from the commission members present.

Election of Officers

Secretary Frank Karr nominated Michael Wind to continue as president of the Planning & Zoning Com-mission. Commissioner Utt seconded the nomination. Mr. Wind accepted the nomination, and was elect-ed unanimously by the commission members present.

Secretary Frank Karr said that due to his commitment serving as secretary for the Great Streets program, he is nominating Commissioner Mark Weaver as secretary. Mr. Weaver accepted the nomination, and was elected unanimously by the commission members present.

Other Business

Chairman Wind asked about progress for Jimmy Johns and the shooting range. City Planner Aiken said that the building permit was issued for Jimmy Johns. Work has begun on the underground detention for the shooting range site, and once that is completed, the process will begin to build the shooting range.

City Planner Aiken noted that Buffalo Wild Wings is moving from Dickens Plaza to Ballwin Plaza.

Adjournment

Alderman Boland moved to adjourn the meeting. Commissioner Weaver seconded the motion, which received unanimous approval from the commission members present. The meeting was adjourned at 7:45 p.m.

Michael Wind, Chairman
Planning & Zoning Commission