Planning and Zoning Meeting Agendas and Minutes
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Planning and Zoning Commission Meeting
PLANNING & ZONING COMMISSION MEETING
AGENDA / Briefs
1. Call to Order
2. Approval of Minutes
3. Swearing in of New Member
4. SUB 15-02 Subdivision
The petitioner proposes to subdivide the property at 304 Essen Ln. into two lots. No new or internal roadways are proposed for this development and each house will have its own curb cut onto Essen Ln. The existing house on the site will be retained on one of the lots. A new house will be built on the new lot. The parcel being subdivided is 26,039 (.597 acres) in area. Both new lots will meet the minimum area of 12,500 square feet required by the existing R-2 single family zoning classification of this site.
5. Z 15-04 Zoning Ordinance Change (MXD Final Site Development Plan Amendment Approval)
The final site development plan for Kehrs Mill Place subdivision, a 5 unit attached residential development on .64 acres was approved in 2005. The subsequent economic downturn has prevented the development from going forward ever since. McBride KMP LLC a subsidiary of McBride Homebuilders has an agreement to purchase the property and proceed with the development in a manner that is essentially the same as the original 2005 approved plan. The MXD regulations do not contain a sunset clause for approved developments, so this plan can essentially be picked up and developed as originally authorized with no additional approvals. The development proposal is to remove the existing single family structure on the site to allow for development of five attached single family residences. These will have driveway access from Kehrs Mill Bend Dr.
6. Z 15-01 Zoning Ordinance Change (Add Manchester Rd. Revitalization Overlay Zoning)
Greenberg Development is requesting the application of a Manchester Road Revitalization Overlay district on top of the existing C-1 commercial zoning for the approximately 3 acre property commonly known as Gordon Plaza (15505 Manchester Rd.). The proposal is to build a 1400 square foot Andy’s Frozen Custard restaurant as a detached free-standing additional structure at the east end of the plaza. This is proposed in replacement to a previously approved 4,000 square foot in-line extension of the existing plaza building approved per ordinance 07-32 that was never built. The construction of the frozen custard restaurant will require the reconfiguration of the parking lot’s circulation and parking to facilitate a drive-through service lane. Included in this reconfiguration is the elimination of the Hillsdale Dr. curb cut.
RECORD OF PROCEEDINGS
March 2, 2015
The meeting of the Planning and Zoning Commission was called to order by Chairman Michael Wind at 7:03 p.m. Members in attendance were:
Approval of Minutes
A motion was made by Mayor Pogue and seconded by Commissioner Utt to approve the minutes of the January 5, 2015 meeting of the Planning & Zoning Commission as submitted. The motion received unan-imous approval from the Commission members present.
Swearing In of New Commission Member
Mr. Chad Silker, 1100 Oak Borough Drive (Ward 2), was sworn in by Assistant City Administrator Thomas Aiken. Mr. Silker is completing Mr. John Schwent’s term, whose seat was vacated upon his appointment to the Board of Aldermen. This term will expire in 2017.
Chairman Wind thanked Mr. Schwent for his service on the Planning & Zoning Commission.
SUB 15-02 Subdivision
Mr. Blomberg, owner of the property, addressed the Commission, requesting approval for the subdivision of this lot. Secretary Weaver asked about the square footage of the house to be built, noting that what is shown on the plan doesn’t meet the City’s requirements. Mr. Blomberg said he hasn’t chosen the home that will be built. City Planner Aiken said that square footage of the home will be part of the review pro-cess for the building permit.
Chairman Wind asked about the petition review report recommendation that MSD review the plans. Mr. Blomberg said that had been done. Chairman Wind asked about the grading recommendations. Mr. Blomberg said he is in agreement with those recommendations.
Chairman Wind asked about the park and recreation fee. Mr. Blomberg asked if this fee applies to only the new undeveloped lot, since there is an existing house on one lot. City Planner Aiken said the language of the ordinance says “per lot.” The fee has routinely been paid for every lot in a new subdivision. Chairman Wind asked if Mr. Blomberg is willing to pay the fee if it is for both lots. He said he would prefer to just pay for the new lot, but will pay the fee for both if that is what the City requires.
Chairman Wind said there have been no architectural or landscaping plans submitted for the proposed building. He would like to see a home design that will complement the neighborhood. Mayor Pogue asked if a single story home is planned. Mr. Blomberg said yes, because the surrounding homes are ranch homes. Mayor Pogue asked if the mature trees on the site would be removed. Mr. Blomberg said he has no plans to remove them. They are close to the property line and away from the footprint of the house, so he hopes that will not interfere with the root system.
Alderman Boland asked if it is within the purview of the Planning & Zoning Commission or Board of Aldermen to make a request rather than a requirement regarding architecture. City Planner Aiken said that architecture is a comprehensive plan issue, so the Commission can make a recommendation.
Chairman Wind asked if the petitioner is in agreement with the petition review report recommendation regarding the number of street trees. Mr. Blomberg said he will do whatever the City requires. Alderman Boland asked if the Commission can make a recommendation regarding street trees. City Planner Aiken said the Parks Department has a list of approved street trees, and would recommend a variety from that list be planted.
Mayor Pogue asked about construction parking. Mr. Blomberg said that since he owns the home that is currently on the property, so he plans to park there.
Chairman Wind opened the public hearing, and asked if there was anyone to speak in opposition to Peti-tion SUB 15-02. No one came forward. Chairman Wind asked if there was anyone to speak in favor of the petition. No one came forward, and Chairman Wind declared the public hearing closed.
City Attorney Jones provided the Commission with an answer regarding the recreation fee. He said that the calculation uses the number of dwelling units or lots approved for the development, whichever is larg-er, so each lot is liable for the contribution.
Alderman Boland made a motion to recommend approval of Petition SUB 15-02 to the Board of Alder-men. Mayor Pogue seconded the motion, which received unanimous approval from the commission members present.
Z 15-04 Zoning Ordinance Change
Mr. Jeremy Roth of McBride & Son Homes addressed the Commission on behalf of the petitioner, re-questing approval for the petition. He noted the site is .64 acres at the corner of Kehrs Mill Rd and Kehrs Mill Bend Rd. The previous owner had planned to build a five-unit building and had gotten approvals, but decided not to move forward with the project due to the economy. The parcel is already legally subdi-vided into five lots and common ground. McBride purchased the property and plans to complete the de-velopment as planned. The only change is in stormwater detention, as MSD regulations have changed since the original plans were drawn in 2005, which is the reason for the amended site plan.
Mr. Roth described the zoning and surrounding neighborhood. The petitioner proposes to build the de-velopment as originally proposed: five units constructed as one building on lots owned fee simple by the owner. There will not be a condo association. Mr. Roth said the units will range in size from 1100 to 1900 square feet.
Mr. Roth said the stormwater detention proposed in 2005 has been changed from underground detention to a surface bioretention facility that will satisfy both detention and water quality requirements. It will be planted with native vegetation. The outfall from the detention area will be connected to the public storm sewer.
Mr. Roth said the sanitary sewer connection is also located on the Kehrs Mill Crossing property. The petitioner has worked out an easement with those property owners.
Chairman Wind asked if there would be a condo association. Mr. Roth said there would not be a condo association since the homes and lots are individually owned; however, there will be a homeowners’ asso-ciation. Chairman Wind asked if the homeowners’ association would be responsible for the common area and detention basin. Mr. Roth said that is correct. This homeowners’ association will be completely sep-arate from that of the adjoining condominium development.
Secretary Weaver asked if homeowners will be able to choose their own floor plan and elevation. Mr. Roth said yes, but noted that they are all very similar. Alderman Boland asked City Planner Aiken if this development is bound by the comprehensive plan’s recommendation that the front of the home not be more than 50% garage. Mr. Aiken said that this plan, with this architectural configuration, was approved previously, and is only before the Commission because of the stormwater detention change.
Chairman Wind opened the public hearing, and asked if there was anyone to speak in opposition to Peti-tion Z 15-04. No one came forward. Chairman Wind asked if there was anyone to speak in favor of the petition. No one came forward, and Chairman Wind declared the public hearing closed.
Mayor Pogue made a motion to recommend approval of Petition Z 15-04 to the Board of Aldermen. Commissioner Utt seconded the motion, which received unanimous approval from the commission mem-bers present.
Z 15-01 Zoning Ordinance Change (Add Manchester Rd. Revitalization Overlay Zoning)
Mr. Brandon Harp of Civil Engineering Design Consultants addressed the Commission on behalf of the petitioner, requesting approval for a zoning change to apply an MRD overlay zone. Mr. Harp described the site and surrounding neighborhood. The petitioner is proposing to build a custard stand on the eastern portion of the site.
Mr. Harp said the building will not have indoor seating, but will have a concrete patio in the front as well as a drive-through pickup window. Customer parking will be provided in front of the building, and there will be a shared parking agreement with the rest of the shopping center. Employee parking will be pro-vided behind the building. Mr. Harp said the petitioner proposes to close the curb cut onto Hillsdale Dr.
Chairman Wind said he has five major concerns that he would like to have addressed: Parking, the traffic study, site lighting, MSD concerns, and the elimination of the curb cut.
Mr. Harp addressed the lighting and said there is lighting in front parking lot of the shopping center. There will be lighting over the proposed patio. There is also a light standard where the proposed patio will be built, which the petitioner is proposing to relocate to the back of the building. There will be a wall pack over the rear door for security. No other lighting is proposed.
Regarding MSD, nothing has changed on the site since 2007. Because less than one acre will be disturbed and there is an existing detention basin on the site, there are no changes planned. Chairman Wind said the petition review report recommended that the petitioner review the detention with MSD to ensure compliance. Mr. Harp said that will be done.
Chairman Wind asked about parking. He has a major concern regarding the potential lack of sufficient parking. He feels 10 parking spaces is insufficient for a custard stand at peak hours. He has observed similar businesses that have up to 50 spaces available for their customers. Mr. Harp said that the petition-er’s lease area has 16 spaces for employees and customers. He noted that the Manchester Road overlay district offers the flexibility to not overpark or overbuild, and the adjacent shopping center has available surplus parking at the busy times of the custard business. Mr. Harp said the shopping plaza is not over-parked at this time. Peak hours for the businesses in the plaza are different from those of the proposed development. Mr. Harp said future restaurants would have to come before the Planning & Zoning Com-mission for a special use exception. Chairman Wind inquired if the landlord is willing to restrict potential new tenants based on the number of available parking spaces? Mr. Ed Kohn of Greenberg Development, the landlord, said yes.
City Planner Aiken said that Mr. Harp’s interpretation of the MRD is not accurate. This MRD zoning applies to the whole site. Restaurants are allowed uses and would not be required to come before the Planning & Zoning Commission for a special use exception, unless they are planning to change the foot-print of the plaza.
Mr. Lee Cannon, traffic engineer and principal with Crawford, Bunte & Brammeier, said that he complet-ed the traffic impact study. While the aspect of shared parking was not specifically part of the study, it is a key to this site. Greenberg Development owns this shopping center, so it is in their best interest to en-sure there is enough parking for the tenants. He said the traffic and parking overlaps are complimentary to the other uses in the center. He believes the site can be parked adequately as planned.
Mayor Pogue asked about the configuration of the curb cuts as discussed in the traffic study. He said the study recommends adding a free-flow right turn, but it is not shown on the plans. Mr. Cannon said a traf-fic study is a set of answers to a reviewing body’s questions. At the time of discussion with City Planner Aiken, the petitioner was not proposing to change the curb cut. Through the development process, the property owner decided to propose closing the Hillsdale Drive curb cut, and the traffic study was revised to address the implications of this change. Initially MoDOT was not going to be involved, since its right-of-way was not going to be changed; however, with the closing of the Hillsdale Drive curb cut, the traffic study’s findings changed. Based on Mr. Aiken’s comments following this change, he believes the revised traffic study recommending the addition of the separated exit lane provides the mitigation required to offset the traffic impact to the development. If MoDOT agrees to that change, the petitioner is prepared to build it.
City Planner Aiken thinks that the proposed separated exit lane is a plus; however, he is concerned that it is possible that the small amount of stacking room approaching this curb cut coupled with volumes of traffic will create a congestion problem that could ultimately back up into Manchester Road. He said ve-hicles entering the plaza and wanting to go left could potentially be blocked by a queue of cars exiting the site. City Planner Aiken said the traffic study did not do traffic counts at Highview Drive and Manchester Road, and there is the potential for drivers to bypass the Manchester Road curb cut and utilize the curb cut on Highview Drive.
Mr. Cannon said that signage could be put up to help control the traffic within the plaza. Alderman Bo-land asked how these issues are handled at the Kirkwood store. Mr. Harp said the lot is deeper and larger at the Kirkwood store. Andy’s Custard has an employee outside who takes orders rather than using a speaker. Transaction times are between 30-45 seconds. Mr. Cannon said this meters the traffic out of the site.
City Planner Aiken said the issue is not how quickly the petitioner serves the customer at the drive-through, but rather the ability of departing traffic to make left turn movements onto Manchester in the timeframe that is available. Alderman Boland said this situation is present at other locations along Man-chester Road. Mr. Cannon said the goal is to keep the queueing on the site. Mr. Harp said he feels the worst case scenario is going to be a queue that may block someone from backing out of a parking space. Mayor Pogue said that he doesn’t feel this is any different from the queueing situation at McDonald’s.
Mayor Pogue said he was initially concerned about closing the Hillsdale Dr. curb cut, but he agrees that keeping it would create a bigger safety issue with traffic flow. He understands that the topography of the site makes it impossible to move it back on the site. Mr. Cannon said it would be ideal to move it back and make it a rear road access, but that is not feasible due to the grade.
Secretary Weaver asked what the peak hours are for Andy’s Custard. Mr. Brandon Arnold, operating partner of Andy’s Frozen Custard, responded that the largest volume hours are generally between 8:00-9:00 p.m., but may vary depending on the site, to 7:00-10:00 p.m. Secretary Weaver asked what the hours of operation will be. Mr. Harp said 11:00 a.m. to 11:00 p.m. Sunday through Thursday, Friday and Saturday until 11:30 p.m. Mr. Arnold said that during peak hours, the store will have 10-12 employees working as opposed to non-peak times, when 4-5 employees would be working. Mr. Arnold said they would utilize parking spaces that would be more likely to be blocked for employee parking, starting with the spaces behind the building on the north side of the site. Mayor Pogue asked if there is an opportunity to extend the parking in this area. Mr. Harp said that can be done.
Chairman Wind said there are assumptions made in the traffic study regarding drive-through vs. walk-up traffic. Where was that data obtained? Mr. Harp said that Mr. Arnold provided receipt data from the Kirkwood Andy’s POS system. Mr. Arnold added that he also provided the service times for the queue-ing from those receipts.
Mr. Harp asked if there were any further questions regarding the traffic study or curb cuts. Chairman Wind said that closing the curb cut is contrary to Ballwin’s access management plan, as it puts additional traffic on Manchester Road. It will cause traffic on Hillsdale to go onto Manchester Road to access Gor-don Plaza. Mayor Pogue disagreed, saying that those drivers will cut through the subdivision to Highview and access the plaza that way.
Alderman Boland asked about the lighting issues raised in the petition review report. City Planner Aiken said the petitioner addressed the light at the rear of the proposed building, but it’s not shown on the plans, and there was no description of the type of lighting, so his concern is where it will be placed and the spec-ifications. The original architecturals showed wall packs, which generally shine outward, but the peti-tioner noted that these would be directed downward. Mr. Harp pointed out where the 16’ rear light stand-ard is shown on the plans, and said it would shine downward.
Mayor Pogue asked Mr. Harp to address the MSD requirements. Mr. Harp said the shopping center has detention which is adequate for the site. The proposed development will disturb less than one acre, so no additional water quality treatment will be required. The petitioner will have a formal submittal for MSD to review.
Alderman Boland asked about a projected opening date, if the petition is recommended for approval. Mr. Harp said the petitioner would like to open as soon as possible later this year.
Secretary Weaver asked about landscaping. Mr. Harp said the petitioner will comply as much as possible with the requirements of the City. There are some areas that cannot be compliant due to space con-strictions and/or utility easements. In regards to the City’s requirement for irrigation, Mr. Harp said he met with their landscape architect, who said the plant palette chosen for the site is drought resistant and will flourish without irrigation. He said the petitioner does not want to pump water in that will simply wet the root system and then drain away. Mr. Harp said the petitioner will water the plants with a hose if necessary. Secretary Weaver asked if the plants die without irrigation, will they be replaced? Mr. Harp said yes. City Planner Aiken said the site plan would be out of compliance if the plants die, so the proper-ty owner would be required to replace them.
Mr. Harp said a park bench was added at each of the two corners to address the recommendation for amenities on the site. He said the petitioner is willing to work with Ballwin staff on the design of these facilities.
Mayor Pogue said that the petition review report notes there is one section where the site does not meet the requirement in regards to roadway frontage parking, and the petitioner will have to go to the Board of Adjustment for a variance. Mr. Harp said he feels the site is legally non-conforming, and that moving the building to the front of the site and having parking in the back is appropriate for this use. The plan as proposed keeps the building in line with the rest of the shopping center. Mayor Pogue asked City Planner Aiken if Wendy’s had to get the same variance. Mr. Aiken said that it was U-Gas that had the same situa-tion. Alderman Boland asked if this petition needed to be held over until the variance is obtained. City Attorney Jones said the Planning & Zoning Commission can make a recommendation contingent on the granting of the variance, but the petition cannot go to the Board of Aldermen until that happens.
Mayor Pogue asked if the property owner is willing to put in the additional parking spaces in front of the detention basin. Mr. Kohn said yes. Mr. Harp said that six spaces could be added for a total of 12 in that area. Secretary Weaver said this would accommodate employee parking for Andy’s.
Mr. Harp addressed the comment in the petition review report about building height. The roofline in the existing retail center is approximately 22’. The height of the proposed building is 14’ with an element that extends to 22’ in the front. Mr. Harp said the height of the building can be raised if that is what the City will require, but scalewise, he feels the proposed height is appropriate to the footprint of the building. Chairman Wind said he would like to see the Andy’s building complement the existing center.
City Planner Aiken noted that regarding the irrigation, the ordinance is not intending for what is being proposed. The petitioner does not want to install an irrigation system. While the ordinance does not spe-cifically require a mechanical system, it does specify irrigation, which the petitioner does not want to do.
Mr. Aiken added that the petitioner is not really willing to many of the things that the zoning ordinance requires on this site. They don’t want to make the building tall enough, or do an appropriate traffic study of the situation at the main intersection. They want to close the curb cut contrary to the City’s compre-hensive plan. He understands that it is good to have a new business in the City, but a lot of work went into the preparation of the comprehensive plan, and if the Planning & Zoning Commission makes the al-lowances that the petitioner is requesting, all of that work was for naught as it relates to this site. Mr. Ai-ken felt that he made a lot of compromises on the front end in the petition review report. He has serious concerns about the traffic impact. Every other new building built in the last five years has been made to conform to the height requirement. He strongly encouraged the Commission to think twice about looking the other way on these issues.
Mr. Arnold said that Mr. Harp agreed to raise the height of the building if the City requires it. City Attor-ney Jones said the MRD district requires a two-story building. The City has at times allowed the second story to be replaced with a faux second story and fenestration. City Planner Aiken said the City has ac-cepted a building massing that approximates the scope of a second story. The proposed plan is using a signage element to meet the height requirement. Mayor Pogue asked City Attorney Jones about language in the ordinance that states if all buildings in the development are non-conforming to the second story requirement, that the requirement can be changed. City Attorney Jones said there is the second clause that has to achieve the purposes of the ordinances. He said it can be interpreted to mean that the new building doesn’t have to be taller than the existing development, but he doesn’t see a way to interpret that to mean the new building shouldn’t be the same height as the existing development. Mayor Pogue said the exist-ing plaza is 22’ which is the height of the proposed building. Secretary Weaver noted that the 22’ only applies to the signage element.
Mayor Pogue said he is not as concerned about the two-story requirement as he was when the ordinance was written. He said it is a lot of wasted space, and while architecturally some buildings lend themselves to a second story, others do not. He realizes how much work went into the comprehensive plan, but feels that it may have been an error to force the second story facade, just for the sake of appearance. Commis-sioner Goetz asked if the Board of Alderman can change that requirement. Mayor Pogue said yes. Chairman Wind said the Planning & Zoning Commission can include it in the recommendation.
Chairman Wind asked if there was anyone to speak in favor of the petition.
Mr. Ed Kohn, Greenberg Development, said the petitioner is doing much to improve the total look of the center, such as screening on Manchester Road and landscape islands. They are not just add-ing a custard stand.
Chairman Wind declared the public hearing closed.
Commissioner Silker asked if there will be areas for people to sit, such as tables and benches. Mr. Harp said there will be benches under the canopy. Mr. Brandon said there no plans to have tables, as they are difficult to keep clean. He said they don’t want the area to be too comfortable and encourage loitering.
Mayor Pogue made a motion to recommend approval of Petition Z 15-01 to the Board of Aldermen, con-tingent on obtaining a variance from the Board of Adjustment for the roadway frontage parking, the addi-tion of parking spaces on the north side along the detention basin, revision of the curb cut on Manchester Rd. approval by MoDOT, and a revised traffic study of the impact on Highview Drive. Alderman Boland seconded the motion. A voice vote was taken with the following result: Aye-Weaver, Utt, Silker, Bo-land, and Pogue; Nay-Goetz and Wind. The motion passed, 5-2.
Chairman Wind asked if there will be a meeting in April. City Planner Aiken said yes, there are two agenda items.
Chairman Wind asked about the progress on American Arms. City Planner Aiken said all permits have been issued, and construction has begun. Secretary Weaver said he spoke with the owner, who said he hopes to open by September of this year.
Chairman Wind moved to adjourn the meeting. Commissioner Goetz seconded the motion, which re-ceived unanimous approval from the commission members present. The meeting was adjourned at 9:10 p.m.
Michael Wind, Chairman