Planning and Zoning Meeting Agendas and Minutes

Every effort is made to ensure that the Agendas and Minutes provided on this and subsequent pages is timely and correct; however, users should keep in mind that this information is provided only as a public convenience. In any case where legal reliance on information is required, the official records of the City of Ballwin should be consulted.

Planning & Zoning Meeting

Meeting Agenda

ballwin logo 

 

PLANNING & ZONING COMMISSION MEETING


Held at the Donald “red” loehr police and court center

                     300 PARK DRIVE                     

JUNE 6, 2016  •  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.   SUE 16-02  Special Use Exception – Front Yard Parking

            Henry Elementary, 700 Henry Ave, Ballwin MO  63011

            Petitioner:  Mr. J. Scott Bennett, PE for Parkway School District, 455 N Woods Mill Rd, Chesterfield MO  63017                                  

The Parkway School District presently owns and operates the Henry Elementary School at 700 Henry Ave., Ballwin, MO. The district is in the process of building additions to the school. As elementary schools are allowed uses in the R-2 district, no Planning and Zoning Commission approval was necessary to issue the building permit. The district has determined that it also wants to expand the parking lot on the west side of the building within the required front yard. The existing front yard parking lot has been in place since the school was originally built prior to annexation into Ballwin in 1996 and is legally nonconforming. The existing parking lot is legally nonconforming and can be maintained in its present configuration in perpetuity; expansion of the lot, however, can only be allowed by special use exception, hence this petition.

   4.   Z 16-01  Zoning Ordinance Change Petition –

         Add Manchester Road Revitalization Overlay Zoning

            Dean Team Volkswagen/Subaru, 15121 Manchester Rd, Ballwin MO  63011

            Petitioner:  Mr. Patrick Dean, CON LLC,                                  

Con, LLC, more commonly known as Dean Team Volkswagen Subaru, is requesting an amendment to the current approved site development plan for this site to allow the construction of additional office space and expanded indoor display and service writing areas for each product line. The addition will expand the overall building footprint by more than 10%, so the revised plan is subject to the approval of a Manchester Rd. Redevelopment Overlay District (MRD) on top of the existing C-1 commercial zoning and SUE site development plan previously approved for this approximately 5.17 acre property commonly known as 15121 Manchester Rd.

   5.   Adjournment

Meeting Minutes

RECORD OF PROCEEDINGS

MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING

CITY OF BALLWIN – 300 PARK DR

June 6, 2016


 

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

                                                                                                                                        

PRESENT

 ABSENT

Secretary Lisa Zimmerman (Acting Chairman)

Chairman Mark Weaver

Commissioner Tracy Bolte

Commissioner Lynn Goetz

Commissioner Frank Karr

Commissioner Chad Silker

Commissioner Vern Young

Commissioner Mike Utt

Alderman Ray Kerlagon

 

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 Mayor Pogue and seconded by Commissioner Young to approve the minutes of the May 2, 2016 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the Commission members present. 

 

SUE 16-02 Special Use Exception – Front Yard Parking

   Henry Elementary, 700 Henry Ave, Ballwin MO  63011

   Petitioner:  Mr. J. Scott Bennett, PE for Parkway School District, 455 N Woods Mill Rd, Chesterfield MO  63017

Mr. Stanley Visnovske of Engineering Design Source addressed the Commission on behalf of Parkway School District and Mr. Bennett, who was unable to attend.  Mr. Visnovske said the petition review report was very thorough and he had nothing to add.  He asked if the Commission members had any questions.

Mayor Pogue stated for the record that he worked for Engineering Design Source as an intern in high school.  He said it will not sway his opinion in considering the petition.                              

Acting Chairman Zimmerman opened the public hearing, and asked if anyone wished to speak in opposition to Petition SUE 16-02.  No one came forward.  Acting Chairman Zimmerman asked if anyone wished to speak in favor of the petition.  No one came forward, and Acting Chairman Zimmerman closed the public hearing.

Alderman Kerlagon made a motion to recommend approval of Petition SUE 16-02 to the Board of Aldermen. Commissioner Karr seconded the motion, which received unanimous approval from the commission members present.

 

Z 16-01 Zoning Ordinance Change – Add Manchester Road Revitalization Overlay Zoning

   Dean Team Volkswagen/Subaru, 15121 Manchester Rd, Ballwin MO  63011

   Petitioner:  Mr. Patrick Dean, CON LLC, 15121 Manchester Rd, Ballwin MO  63011

Mr. Bob Hiller, Mr. Joe Dale, and Mr. Pat Dean introduced themselves.  Mr. Hiller presented the plan to the Planning & Zoning Commission.  He described the physical improvements that are being proposed.  Mr. Hiller said the petitioner is proposing to replace the showroom with new facilities, and provide drive-in check-in capabilities. 

The petitioner proposes to close one of the two curb cuts on Manchester Road, and expand the other.  Mr. Hiller said the petitioner has met with MoDOT, who would like to limit the expanded curb cut to 39.5’ rather than the 50’ proposed by the petitioner.  Where the curb cut is closed, the landscaping will be extended.

Mr. Hiller said the buildings will be painted to reflect the new color scheme.  He described the fencing, and said the trash dumpster will be relocated further from Steamboat Lane.  Acting Chairman Zimmerman asked about the curb cuts on Steamboat Lane and who will utilize them.  Mr. Hiller said the northernmost curb cut will be used primarily for the unloading of vehicles.  Mr. Dean said the purpose is for transport trucks to no longer utilize Steamboat Lane and Bank of America’s parking lot to unload vehicles being delivered to the site. .  When not in use, this curb cut will be closed.

Mayor Pogue asked if the petitioner has purchased the strip of green space along Steamboat Ln. at the northern end of the site, or if there is an agreement with the apartment complex to expand the parking lot into this area?  Mr. Dean said the petitioner owns that property. 

Commissioner Young stated his concern about the number of times the term “legally nonconforming” appears in the petition review report.  How many changes have to occur before they must conform to the current requirements?  City Attorney Jones said that code provides that structural alterations of non-conforming buildings can be carried out, provided that they don’t increase the volume, bulk, height or area of the building or structure.  He is not aware of any nonconforming structures, but there are nonconforming areas within the site.

City Planner Aiken said it’s a complicated situation.  The auto sales and service uses are allowed by special use exception in the C-1 district. There are many nonconforming circumstances on the site that will not be changed and can continue to be utilized.   The building is nonconforming as it relates to the setback on Steamboat Lane.  Current C-1 zoning regulations require a 40’ setback from the road. As it stands, the building is 35’ from the road.  It is legally nonconforming because it was built before Steamboat Lane existed.  This is true for all the perimeter areas mentioned in the petition review report.

The building addition on the Steamboat Lane side appears to be increasing a non-conforming use.  The MRD regulation states that the building should be within 10’ of the right-of-way line, and the underlying zoning requires a 40’ setback.   The petitioner wants to bring the building to the 35’ line, which makes sense, as it will line up with the other building setbacks, but this setback is not permitted under either the existing or the proposed zoning.  City Planner Aiken said the petitioner will need to go before the Board of Adjustment for a variance.  City Attorney Jones agreed.

Commissioner Young asked if there is an issue with replacing the green space at the north end of the site with parking.  City Planner Aiken said the petitioner should verify storm water and water quality requirements with MSD, but he feels the amount of additional runoff will be negligible.  Mr. Hiller said the petition review report recommended withholding approval until MSD approval is obtained, and asked that the Planning & Zoning Commission makes consider making MSD approval a condition so that the petition can move forward.

Acting Chairman Zimmerman asked if the petitioner is willing to comply with the site illumination recommendations in the petition review report.  Mr. Hiller said yes. 

Mayor Pogue asked if the petitioner will be willing to use native plantings for the landscaping in lieu of installing an irrigation system.  Mr. Hiller said that is the best plan, rather than trying to sustain non-native plants with an irrigation system.  City Planner Aiken noted that someone will have to water and maintain the plants until they are established.  Mr. Hiller agreed.

Mayor Pogue asked about the old light standard between the Dean Team and Enterprise.  Does the petitioner have any plans to replace or remove it?  Mr. Dean said that the light is not on his property. It appears to be on the Enterprise Rent a Car property. 

Commissioner Young referred to the point in the petition review report that spoke about the 85% limitation on paved surfaces.  City Planner Aiken said the site is already over that percentage, so it is legally conforming now.  Mr. Hiller said the differential runoff will not change much, but the petitioner will comply with MSD regulations regarding runoff and impervious surfaces. 

Commissioner Karr asked what the timetable will be for construction.  Mr. Dale said they would like to begin this summer and be under roof by the time winter weather hits, with completion in the first quarter of 2017.

Acting Chairman Zimmerman asked about the exterior paint colors.  Mr. Dale said they would be complementary and a neutral palette. 

Acting Chairman Zimmerman opened the public hearing, and asked if anyone wished to speak in favor of Petition Z 16-01.  No one came forward.  Acting Chairman Zimmerman asked if anyone wished to speak in opposition to the petition.  No one came forward, and Acting Chairman Zimmerman closed the public hearing.

Mayor Pogue made a motion to send a positive recommendation to the Board of Aldermen for Petition Z 16-01, contingent on the granting of a variance from the Board of Adjustment, and statements from MSD and MoDOT. Commissioner Bolte seconded the motion, which received unanimous approval from the commission members present.

 

Other Business

Acting Chairman Zimmerman confirmed that there will be a meeting in July.  City Planner Aiken said there is one agenda item, and the meeting will be held on Tuesday, July 5, 2016.

Commissioner Young asked if there is a formal process for review as it pertains to the MRD.  City Planner Aiken said the MRD is a zoning overlay district.  It is requested and approved by the same procedure as a zoning change, but it is structured such that it overlays a current zoning district and can amend or add criteria to a site development plan.  The MRD does not allow new or additional uses. Uses are controlled by the underlying district. The petition review report addresses each point of the applicable zoning regulations as they relate to the proposed development.

 

Adjournment

Acting Chairman Zimmerman moved to adjourn the meeting.  Mayor Pogue seconded the motion, which received unanimous approval from the commission members present. The meeting was adjourned at 7:53 p.m.

 

Lisa Zimmerman, Acting Chairman

Planning & Zoning Commission