Planning and Zoning Meeting Agendas and Minutes

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Planning and Zoning Commission Meeting

Meeting Agenda

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Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE
July 5, 2011


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 Commissioner Pat Apel
Secretary Frank Karr Alderman Frank Fleming
Commissioner John Schwent Commissioner Mark Weaver
Commissioner Sue Theodore Commissioner Chris Wright
Commissioner Mike Utt   
Mayor Tim Pogue  
Assistant City Administrator Thomas Aiken  
City Engineer Gary Kramer  
City Attorney Robert E. Jones  

Approval of Minutes

Mayor Pogue asked that the minutes of the May 2, 2011 meeting be amended to include “along Old Ball-win Road” in the last sentence of paragraph seven on page two.  City Attorney Jones noted that the date on the minutes was incorrectly shown as April 4, 2011.  A motion was made by Mayor Pogue and se-conded by Chairman Wind to approve the minutes of the May 2, 2011 meeting of the Planning & Zoning Commission as amended.  The motion received unanimous approval from the Commission members pre-sent. 


Z 11-02 Zoning Ordinance Change (Final PSD Development Plan Approval)
 Sunset Grove Subdivision, 755 Henry Ave, Ballwin MO  63011
  Petitioner:  Mr. William Levinson, Benton Homebuilders, 1000 Executive Pkwy #106, Creve Coeur MO  63141

Mr. Mike Faulkner of Sterling Engineering addressed the Commission on behalf of the petitioner, re-questing approval for the final PSD site development plan for the Sunset Grove subdivision.  Mr. Faulkner stated that MSD is ready to approve the plan and issue permits.  He noted the changes to the approved preliminary plan.  The petitioner has eliminated the retaining wall around the detention basin and obtained an easement.  Mayor Pogue asked that, per the petition review report, the final plan shows the 15% open space dedication and that the open space has no more than an 8% slope.  Mr. Faulkner agreed to this.

Chairman Wind opened the public hearing and asked if there were any opponents who wished to speak in opposition to Petition Z 11-02.  There were none.  Chairman Wind asked if there were any proponents wishing to speak in favor of the petition.  There were none, and Chairman Wind declared the public hear-ing closed.

Chairman Wind made a motion to recommend approval of petition Z 11-02 to the Board of Aldermen, subject to the petitioner showing the open space dedication and slope on the final plan.   Secretary Karr seconded the motion, which received unanimous approval from the Commission members present.


Z 11-03 Zoning Ordinance Change (Final PSD Development Plan Approval)
 Estates at Hallmark Place Subdivision, 243 New Ballwin Rd, Ballwin MO  63011
 Petitioner:  Mr. Scott Paul, Rolwes Co., 2705 Dougherty Ferry Rd, St. Louis MO 63122

Mr. Brad Goss addressed the Commission on behalf of the petitioner, requesting approval for the final PSD site development plan for the Estates at Hallmark Place subdivision.  Mr. Goss stated that the nota-tions regarding open space and slope will be added to the petitioner’s final site plan.  He said there have been no substantive changes to the plan.

Chairman Wind opened the public hearing and asked if there was anyone who wished to speak in favor of Petition Z 11-03. 

Joe Delia, 755 Stoney Creek Dr, said that he would like the overgrown vegetation to be removed from the southwest corner of the site.  Mr. Delia said the petitioner is willing to remove the vegetation, but cannot do so without approval from the City of Ballwin, because of the no-grade zone requirement.

Mayor Pogue asked City Planner Tom Aiken if the no-grade zone is a landscape preservation zone.  Mr. Aiken said that it is not, and the new homeowner would have the right to remove any vegetation on the property.  The no-grade zone only applies to the developer. 

Chairman Wind asked Mr. Delia what his expectations were for the area after the removal of the vegetation.  Mr. Delia said he would be amenable to it being an open area with grass.  Chairman Wind asked if there are any fences in the area.  Mr. Delia said there is a 4’ fence.

Delores Courtney, 749 Stoney Creek Dr, agrees with the removal of the trees and shrubs.

Chairman Wind asked Mr. Goss if he was aware of the neighbor’s requests, and whether the peti-tioner is willing to work with them on this issue.  Mr. Goss said the petitioner has spoken with the neighbors and is willing to work with them.  He said he didn’t feel it required an amendment to the plan.  City Attorney Jones agreed that an amendment to the site plan is not necessary to allow this change. It can be made a part of the recommendation.  Chairman Wind asked about the property owner of Lot 3 that abuts the proposed development.

Connie Oster, 743 Stoney Creek Dr, said the shrubs were planted when the Hallmark Place sub-division was developed.  Ms. Oster would prefer the existing bushes and trees to remain be-hind her house.  She likes the privacy afforded by the bushes.

There were no other proponents.  Chairman Wind asked if there was anyone wishing to speak opposition to the petition.  There were none, and Chairman Wind declared the public hearing closed.

Chairman Wind asked Mr. Goss if the petitioner can work with all three neighbors and satisfy their pref-erences.  Mr. Goss said the preference would be to either clear it all or leave it all, but the petitioner will try to work with all three neighbors.  They will look at the conditions on the site and make the appropriate judgment.

Secretary Karr made a motion to recommend approval of petition Z 11-03 to the Board of Aldermen, sub-ject to the petitioner showing the open space dedication and slope on the final plan, and allow the devel-oper to work with two lot owners regarding the removal of vegetation.   Chairman Wind seconded the motion, which received unanimous approval from the Commission members present.


SUE 11-01 Special Use Exception
 Spirit West Motor Carriage, 14643 Manchester Rd, Ballwin MO  63011
 Petitioner:  Ms. Tracy Saake, Spirit West Motor Carriage, 610 Park Ln, Manchester MO 63021 

Mr. Richard Lanfersieck, owner of Spirit West Motor Carriage in Manchester, addressed the Commission.  He stated that City Planner Aiken had brought to his attention the dilapidated condition of the property and would like some improvements.  Mr. Lanfersieck submitted drawings showing landscaping, water retention, and new fencing to the Commission members.

Mr. Lanfersieck discussed the closed-loop charcoal filtering system that will be used for exhaust.  He said only water-borne paints will be used, which cuts 75% of the fumes of solvent-based products.   Mr. Lanfersieck said they are good neighbors and have had no complaints regarding their shop in Manchester.

Chairman Wind said he had concerns about the aesthetics of the building.  He asked Mr. Lanfersieck what the hours of operation will be.  Mr. Lanfersieck said the normal business hours would be approximately 8:30 a.m – 5:30 p.m.  Chairman Wind said he is concerned about the noise level. Mr. Lanfersieck said only minor touch-up work will be done at this location; no major painting or body work will be done. The facility is not big enough to do heavy body work.  No tow-ins or non-drivable vehicles will be accepted at this location. 

Chairman Wind asked about lighting.  Mr. Lanfersieck said they plan to replace a deteriorated fixture on the back of the building that will be replaced.  They do not plan to add lighting to the rear of the property.

Mr. Lanfersieck said he will clean up the overgrowth of vegetation at the rear of the property.  He asked how close the privacy fence could be to the street. City Planner Aiken said it cannot be taken into the right-of-way and cannot create a traffic hazard.  Mr. Lanfersieck said he was planning to extend the fence an additional two feet in height.

Mr. Lanfersieck said he has contacted an asphalt company to replace the curbing on the lot.  Chairman Wind asked if vehicles would be parked overnight at the rear of the lot.  Mr. Lanfersieck said yes, behind the fence.  Chairman Wind said he would like to see additional landscaping to help hide the rear parking lot, so the site would not be detrimental to the neighborhood.  Mr. Lanfersieck said he has asked Mr. Sel-lenrieck to remove the vehicles he has stored on the site.

Secretary Karr asked if customers would come directly to them, or do they work exclusively with car dealerships?  Mr. Lanfersieck said both; however, large repairs and collision work through insurance companies will be done at the Manchester location. 

Mayor Pogue asked about the 25’ fully landscaped rear yard setback required by ordinance.  The plan only shows a 10’ setback.  Mr. Lanfersieck said the only way to achieve the 25’ setback would be to eliminate 15’ of the parking lot, which is not feasible.  He is willing to provide additional landscaping at the rear of the property.  Chairman Wind asked if the petitioner will need to go before the Board of Adjustment on this issue.  City Attorney Jones said that the previous user was in continuous operation until eight or nine months ago.  City Planner Aiken said that the previous user told the City that he lost his Ziebart franchise, but continued operating under another name.  On the basis of that statement, the City allowed the same owner to open under the new name.  City Attorney Jones said this use can be considered legally nonconforming because the use that has not been discontinued for a year or more.  Therefore, some of the special use exception regulations will not apply to this particular user.  This petitioner seems willing to do many of the things that are recommended in the petition review report.  City Attorney Jones said he does not feel the petitioner needs to go before the Board of Adjustment.

Mayor Pogue asked about the replacement of the wall-mounted light with a downward-facing fixture.  Mr. Lanfersieck said that will be done.  Commissioner Theodore asked about the trash dumpster.  Mr. Lanfersieck said it will be enclosed with the same material as the fencing.

Mayor Pogue asked if the paint filtering system will require additional equipment to be placed on the roof.  Mr. Lanfersieck said no.  It is a self-contained unit interior to the building.  It does not exhaust to the out-side.

Commissioner Utt summarized the items the petitioner has stated that he is willing to complete:  conceal-ing the dumpster, replacing the light fixture, landscape the rear and along Maple Ln, removing vehicles in the rear lot, adding the vinyl fence, repairing the water detention, and painting the roof.

City Attorney Jones asked about an additional access point on Maple Lane.  Mr. Lanfersieck said he would be willing to add an access but did not ask for it on this petition so that it would not delay the peti-tion.  Chairman Wind asked where he would locate the access.  Mr. Lanfersieck said it would be toward the rear of the property, across from Johnny Mac’s.  City Planner Aiken said the petitioner needs to take the slope into consideration.  City Attorney Jones said the recommendation can include allowing an addi-tional access at a later time.  If that is not included in the recommendation, the petitioner would have to return to the Planning & Zoning Commission with an amendment to the SUE to provide additional access. 

Chairman Wind opened the public hearing and asked if there was anyone who wished to speak in favor of Petition SUE 11-01. 

Larry Kelso, owner of Performance Auto Color, is a technical rep for automotive paint in the St. Louis area.  Mr. Kelso said that waterborne base coats are 70% water, 10% solvent for adhe-sion, and 20% color.  Less solvent is evaporated into the atmosphere.  A solvent-based clear coat must be applied over the top of the base coat. 

There were no other proponents.  Chairman Wind asked if there was anyone wishing to speak opposition to the petition. 

Chris Kresser, 114 Maple Lane, is concerned about noise.  Will the doors be kept open?  What will prohibit the petitioner from switching to solvent based paint at a later date?  What pro-hibits the petitioner from working on larger repairs? 

Chairman Wind asked Mr. Kresser if there was an odor problem when Ziebart was operational.  Mr. Kresser said not at his house, but you could smell it driving down the street.

Jerome Hellman, 107 Maple Lane, said that there was a problem with exhaust from Ziebart get-ting on his property.  He is concerned about late night noise and lights from the presence of a body shop.  He is concerned that it will turn into a junk yard.

Kathy Kresser, 114 Maple Lane, feels residents in the neighborhood would not appreciate the additional access point to the site off Maple Lane. 

There were no other opponents, and Chairman Wind declared the public hearing closed.

Ms. Tracy Saake, manager of the Spirit West location in Manchester, addressed the concerns of the resi-dents.  She said this location will not accept tow trucks.  It is for repairing scratches, dents, and dings.  Some cars will be left overnight, but they will be licensed and dealership cars.  The products that will be used, regardless of the type, must meet OSHA and EPA standards.  The doors will sometimes be open, especially in warm weather, because there is no air conditioning.  Some noise is unavoidable, but it will not be grinding or cutting of metal, nor will it be continuous.  It will only be during working hours, Monday through Friday.

Chairman Wind asked what assurances the City of Ballwin has that the petitioner will continue to do only the type of work that they are stating they will do.  Ms. Saake said that the proposed location is not con-ducive to heavy body work.  There is a nearby shop to handle those jobs.  City Attorney Jones said these kinds of restrictions will be placed into the special use exception. Mr. Lanfersieck said that no welding supplies will be on the site.  The building is not big enough.

Mayor Pogue said he would like to see a full landscaping plan. 

Commissioner Utt made a motion to recommend approval of petition SUE 11-01 to the Board of Alder-men, with the following provisions:  the petitioner provide full landscaping plans to the Board of Alder-men, conceal the dumpster with a vinyl fence, replace the light fixture, replace any failing curbing, land-scape the rear of the property and along Maple Lane, remove the vehicles at the rear of the property, add a 6’ vinyl fence topped with 2’ of lattice, repair water detention, make roof repairs and paint the building, limit repair work to exclude welding, and limit the hours of operation to 8:00 a.m. to 6:00 p.m. Monday through Friday.   Commissioner Theodore seconded the motion, which received unanimous approval from the Commission members present.
 
 
Z 11-04 Zoning Ordinance Change (Add Manchester Road Revitalization Overlay Zoning)
 Dean Team Hyundai, 14754 Manchester Rd, Ballwin MO  63011
 Petitioner:  Mr. Patrick Dean, 15754 Manchester Rd, Ballwin MO 63011

Mr. Patrick Dean addressed the Commission.  He stated that Hyundai is requesting the larger store to showcase a new model in a higher end showroom floor.  He is requesting approval for a 4000 square foot addition to the current building.  He wants to close the central curb cut and relocate the pole sign.  Mr. Dean said he is currently leasing the property. 

Ms. Christine Look, of Pickett Ray & Silver, addressed the Commission. The petitioner is seeking infor-mation as to issues on which the Planning & Zoning Commission is willing to compromise.   She stated that adhering to all the points of the MRD will not allow the business to function as it has been doing.  Chairman Wind said he has a long list of issues that need to be resolved.  Why is the petitioner requesting the MRD if they are unwilling to comply with it?    Ms. Look said that the petitioner has come before the Planning & Zoning Commission to find out what will be required of him.  If all the recommendations in the petition review report are required, that is not something that he will be able to comply with as a leaseholder.   The petitioner would like to improve the site, but is not willing to put forth the monies or lose inventory space in order to meet all of the points of the MRD.

Chairman Wind noted that the petition review report states that rethinking the way the inventory is stacked would result in additional space.  He said he drove through the lot and there were at least 40 emp-ty spaces.  Mr. Dean said the dealership has been selling a lot of cars, resulting in the empty spaces.  He has a much larger inventory need than is evident.  Mr. Dean said he is flexible on a lot of items.  He needs to know if the Planning & Zoning Commission can be flexible.  If not, he will have to weigh his options with the manufacturer. 

Mr. Bob Hiller of Duggan Contracting discussed the existing parking layout, and the proposed layout.  The petitioner wants to grandfather some of the parking in, while landscaping other areas.  The slope of the lot is a challenge.  He is opposed to a 25’ rear yard setback.  The petitioner does not want to change the lot because of MSD standards that will come into play.  Chairman Wind said portions of the fence in the rear are deteriorated and need to be replaced.  What does the petitioner propose for the southern edge of the site as far as landscaping?  Mr. Hiller said nothing has been proposed for this area.

Chairman Wind said that since the petitioner is introducing a more upscale product into the inventory, he would expect that the petitioner would want to make every effort to improve the quality of the location, not only in the building, but in the exterior lot.  Mr. Dean said he does not have a problem cleaning up the southern edge and planting new trees. 

Chairman Wind asked about the dedication of the easement.  Mr. Hiller said the petitioner cannot agree to that since he is a leaseholder.  That is the decision of the property owner.  Mayor Pogue asked Mr. Dean if he has had any discussion with property owner.  Mr. Dean said that he had not talked about the easement, only about the building.  He said the property owner is flexible, but does not want to sell the property.

Chairman Wind asked about MSD detention requirements.  An engineer with Pickett, Ray & Silver ad-dressed this, saying that he spoke with a representative of MSD, who said they will not require any deten-tion or water quality improvements in addition to what is in place on the site.  City Planner Aiken said this is a standard MSD perspective when nothing is proposed to be changed on the site.

Chairman Wind asked about dumpster screening.  Mr. Hiller said it will be brought into compliance. 

Chairman Wind asked about the green space requirement.  Ms. Look said that currently no more than 80% of the site is paved.  

Chairman Wind asked about building height.  Mr. Hiller said the petitioner is willing to bring the north, west and east face to a higher level (24’) with a taller tower.  City Planner Aiken said this is close to what the Planning & Zoning Commission approved for the development at the former Red Lobster site.

Chairman Wind asked about the minimum parking requirement.  Ms. Look said that based on the office and sales areas, this has been met.  City Planner Aiken said that more parking would be required under the C-1 district, but the MRD allows the Commission to waive the C-1 standard if it is satisfied that adequate parking is provided.

Chairman Wind asked about irrigation for all landscaped areas.  Mr. Hiller said the plantings along the southern edge of the site should have no issue, because that is where the stormwater flows.  Other areas may be cost prohibitive to irrigate.  Mr. Hiller understood that there could be a combination of irrigation and drought-resistant plantings.  Chairman Wind said it would be a shame to put landscaping in and then let it die for lack of water.  City Planner Aiken said the MRD requires irrigation but the magnitude of the system can be varied, depending on the plantings.

Chairman Wind asked about the lack of street trees in the landscaping plan.  Mr. Dean said he is not op-posed to planting street trees.  He wants to make it look nice.

Chairman Wind said there are six items that would need to be referred to the Board of Adjustment.  Those items would need to be resolved before coming back before the Planning & Zoning Commission.  One of the items is landscaped islands in the parking lot, as is sidewalk access to the customer parking spaces. 

Chairman Wind asked if there is an existing vehicle wash bay.  Mr. Hiller said yes, it is inside the building, below the service bay.  It is not mechanized; it is a detail shop.

Chairman Wind asked about aesthetic improvements to the Manchester Road area, such as benches or artwork.  Mr. Hiller said the petition review report recommended a 12’ sidewalk; the petitioner is request-ing a waiver of this.  City Planner Aiken said the ordinance stipulates a 12’ sidewalk. 

Chairman Wind asked about the commercial property on the southwest edge of the site.  He asked if the petitioner has spoken with that property owner regarding keeping that area open.  Mr. Dean said he has no problem keeping that area open for the property owner to use for his larger trucks.  The manager of Dean Team Hyundai said they have a good relationship with that property owner. 

Mayor Pogue asked if the petitioner would consider extending the façade to hide the rooftop equipment.  Mr. Hiller said the petitioner is amenable to doing so.

Mr. Hiller asked for, and City Planner Aiken provided, a summary of the items that need to go before the Board of Adjustment.  City Attorney Jones said that the petitioner should come back to the Planning & Zoning Commission with a revised plan first, so the Commission will be prepared to make a recommen-dation subject to approval of the variances from the Board of Adjustment.  At this point, the petition is not well defined enough for the Board of Adjustment to make a determination.

Chairman Wind opened the public hearing for Z 11-04, and it was left open. 

Chairman Wind made a motion to table petition Z 11-04 and hold over the public hearing to give the peti-tioner the opportunity to amend their proposal.   Commissioner Utt seconded the motion, which received unanimous approval from the Commission members present.

Great Streets Demonstration

City Planner Aiken that only Ballwin and Ellisville have formally adopted the Great Streets plan.  One item of discussion among the five cities was the signage recommendations at signalized intersections.  MoDOT requires an analysis of each standard to determine that it could stand the wind load and weight of the sign.  This information is needed before applying for the grant.  Mr. Aiken said he is optimistic that progress will be made in submitting an application this fall, with the possibility of getting funds for next year to do some of the work.

Mr. Aiken said that Alderman Harder asked him if the City should consider doing as a demonstration project at one intersection, such as Holloway Road and Manchester.  Mr. Aiken said he is not expecting a decision at this time; it is just an item for discussion.

Secretary Karr said he and Mr. Aiken had spoken about setting the signalized intersections apart by add-ing street number signs under the street name signs.  Each city would put up its own signs.  This is a rela-tively inexpensive project.  Mr. Karr said there are a lot of ideas, but it seems a consensus isn’t reached until someone steps forward and does something.

Chairman Wind said he is a firm believer in the Great Streets Initiative.  Secretary Karr said there is a possibility that Town and Country is interested in becoming a part of the Great Streets Initiative. 

Election of Officers

Commissioner Utt nominated Michael Wind to serve as chairman for the Planning & Zoning Commission.  Commissioner Theodore seconded the nomination.  No other nominations were received and the Commission members present voted unanimously to retain Michael Wind as chairman.  

Chairman Wind nominated Frank Karr to serve as secretary for the Planning & Zoning Commission.  Mayor Pogue seconded the nomination.  No other nominations were received and the Commission mem-bers present voted unanimously to retain Frank Karr as secretary.  

Adjournment

A motion was made by Mayor Pogue and seconded by Commissioner Utt to adjourn the meeting.  The motion received unanimous approval, and the meeting was adjourned at 9:45 p.m.

Michael Wind, Chairman
Planning & Zoning Commission