HomeMy WebLinkAboutOrd.4988.07-10-2017 BILL NO. 17-97 ORDINANCE NO. otp
AN ORDINANCE APPROPRIATING FUNDS FOR
OPERATING EXPENDITURES, CAPITAL EXPENDITURES
AND TRANSFERS FOR THE FISCAL YEAR ENDING
JUNE 30, 2017, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Council of the City of Cape Girardeau,
Missouri, hereby appropriates from the unappropriated balance of
the identified funds for expenditure during the fiscal year
ending June 30, 2017, for the operating expenditures of the
departments specified, in the following amounts:
Parks and Recreation (General Fund) - Fourteen
Thousand Three Hundred Fifty-four Dollars ($14, 354 . 00)
for additional utility costs, additional fleet
maintenance costs, and unbudgeted small equipment
purchases. The $2, 904 unbudgeted small equipment
purchases will be funded by the parks sales tax.
Public Safety (General Fund) - Eighty-two Thousand
Seven Hundred Forty-seven Dollars ($82, 747 . 00) for
costs related to unbudgeted grant funded small
equipment purchases, unbudgeted costs of maintenance
for e-ticketing software, additional police fleet
maintenance costs, and budget carryforward of expense
related to a Homeland Security Grant.
Parks and Recreation (Parks and Recreation Fund) -
Sixty-two Thousand Six Hundred Seven Dollars
($62, 607 . 00) for unbudgeted small equipment purchases
that will be funded by the parks sales tax and
additional utility and fleet maintenance costs.
Development Services (Convention and Visitors Fund) -
Fifty-six Thousand Two Hundred Forty-two Dollars
($56, 292 . 00) for carryover of the unused portions of
previous payments made to the Convention and Visitor' s
Bureau.
1
CITY OF CAPE GIRARDEAU, MISSOURI
CITY COUNCIL
FINDINGS AND CONCLUSIONS
Now on this day of , 2017, the Cape Girardeau City
Council considered the application for a Special Use Permit dated May 24, 2017
filed by Kidd's Incorporated for property located at 1325 Broadway, Cape
Girardeau, MO for the purposes of constructing, maintaining, and operating a
vehicle fueling station.
In examining this application, the following factors were considered and found as
noted:
Yes No N/A
The comments, testimony, evidence, exhibits, and all other matters presented at
the required public hearing are incorporated herein by reference.
Following consideration of the application, the requirements of Section 30-401
and other relevant provisions of the City Code, testimony, exhibits and file
contents, the City Council duly deliberated the facts pertaining to the proposal
and issued the following conclusion:
THE APPLICATION IS:
Approved
X Denied
Approved with conditions specified on attached Special Use Permit
(SEAL)
ATTEST:
City Clerk
CITY OF CAPE GIRARDEAU, MISSOURI
Mayor
City Council Findings:
The Proposed Special Use Permit, with
the Stated Conditions, would:
1.
Substantially increase traffic hazards
or congestion
2.
Substantially increase fire hazards
3.
Adversely affect the character of the
neighborhood;
or in respect to special use permits
for dwelling
purposes where required, be adversely
affected by
the character of the neighborhood.
4.
Adversely affect the general welfare
of the community
S.
Overtax public utilities.
o.
Be in conflict with the comprehensive
city plan
The comments, testimony, evidence, exhibits, and all other matters presented at
the required public hearing are incorporated herein by reference.
Following consideration of the application, the requirements of Section 30-401
and other relevant provisions of the City Code, testimony, exhibits and file
contents, the City Council duly deliberated the facts pertaining to the proposal
and issued the following conclusion:
THE APPLICATION IS:
Approved
X Denied
Approved with conditions specified on attached Special Use Permit
(SEAL)
ATTEST:
City Clerk
CITY OF CAPE GIRARDEAU, MISSOURI
Mayor
CITY OF CAPE GIRARDEAU, MISSOURI
City Staff Review, Referral and Action on Special Use Permit Application
FILE NO. 1357
LOCATION: — 1325 Broadway
STAFF REVIEW &.COMMENTS.
Adam Kidd is requesting a SUP to allow a vehicle fueling station in the C-1 zoning district at 1325 Broadway. SEE
STAFF REPORT FOR FURTHER INFORMATION.
City Planner
City Attorpex
.1 Date
/Date
CITY AMNA GEPREFERRAL TO THE PLANNING AND ZONING COMMISSION.
Date
Planning & Zoning Commission
Public Hearing Posting Date: 611", - "I -- (" Public Hearing Date: 06/14/17
RECOMMENDED ACTION:
Favor
Oppose
Trae Bertrand La"
L)
Larry Dowdy L1
L3
Jeff Glenn
Kevin Greaser
Patrick Koetting
L110111mmelm"
COMMENTS:
Favor
Scott McClanahan
Bruce Skinner
Doug Spooler
Tom Welch
Oppose
Favor Oppose Abstain
0"' Ll Ll
Ll L)
Ll Lj
L3 Ll
Abstain
CITIZENS COMMENTING AT MEETING:
Bruce Skinnaf--
Planning & mg Commission Secretary
City , 1
; - C
�'
Public Hearing Posting Date: Council I 1,
Public Hearing Date: /
Ordinance I" Reading _vrel"� Ordinance 2nd & 3rd Reading.
VOTE COUNT: Favor Oppose
ORDINANCE # Effective Date:
Abstain
CITY Of CAPE . , • ,
DEVELOPMENT SERVICES
STAFFO -
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Shrimplin, City Planner
DATE: June 14, 2017
SUBJECT: Special Use Permit for a Vehicle Fueling Station at 1325 Broadway
A Special Use Permit application has been submitted for the property at 1325
Broadway. The property is zoned C-1 (General Commercial) and is a corner lot with
frontage on Broadway and North West End Boulevard. There is an existing
convenience store with a drive-thru and a vehicle fueling station with two pump islands
on the property. The owner has plans to completely redevelop the property for a new
convenience store with a drive-thru and a vehicle fueling station with four pump islands.
A vehicle fueling station is a special use in the C-1 district. There is no Special Use
Permit on file for the existing vehicle fueling station. Because the property is being
completely redeveloped, a Special Use Permit is required.
The proposed site plan shows three driveways (two on Broadway and one on North
West End Boulevard). The convenience store is positioned toward the rear of the
property, with a row of 90 degree parking spaces in front. The drive thru window is
located on the east side of the store, with the drive thru lane beginning on the south side
and wrapping around the building. A detached dumpster and enclosure are in the
southeast corner of the site. The vehicle fueling station is located between Broadway
and the convenience store. The property has existing cross -access and cross -parking
easements with the adjacent property to the east.
The following variances and exceptions are being requested as part of this Special Use
Permit request:
• Variance for fueling station canopy setback per Section 30-413(d)(6) (minimum
of 15 feet required; range from 13.85 feet to 11.05 feet proposed). Staff supports
this variance because there is not sufficient area on the site to push back the
canopy without adversely affecting traffic circulation, which constitutes a unique
condition and an unnecessary hardship. It should be noted that the proposed
setback for the new canopy is greater than the existing setback for the current
canopy.
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401 Independence St Cape Girardeau, MO 63703
cityofcape.org
573-339-6327 Tel 573-339-6303 Fax
CITY Of CAPE . , • ,
DEVELOPMENT SERVICES
Variance
O -
Variance for percent open space per Section 30-333(f)(5) (minimum of 15%
required; 5% proposed). Staff supports this variance because there is not
sufficient area on the site to provide additional open space (landscaping and
other pervious surfaces) without adversely affecting traffic circulation, which
constitutes a unique condition and an unnecessary hardship.
• Exception for percent overall site landscaping per Section 25-803(a) (minimum of
15% required; 5% proposed). Staff supports this exception because the
applicant is proposing to provide a public art sculpture in the landscaping area
near the intersection as a substantial equivalent.
• Exception for width of street landscaping strip per Section 25-804(a) (minimum of
10 feet required; 3.65 feet proposed). Staff supports this exception because the
applicant is proposing to provide a public art sculpture in the landscaping area
near the intersection as a substantial equivalent.
• Exception for percent parking lot interior landscaping per Section 25-804(b)(1)
(minimum of 15% required; none proposed). Staff supports this exception
because the applicant is proposing to provide a public art sculpture in the
landscaping area near the intersection as a substantial equivalent.
• Exception for fence surface in the front yard of a commercial property per Section
25-604 (minimum of 50% open surface required; 0% open surface proposed).
Staff supports this exception because the fence will screen the residential
property to the south from headlights and will be located far enough from the
street so as to not create a sight distance obstruction, which qualifies as a
substantial equivalent.
• Exception for driveway width per Section 25-102 and the City's Standard
Specifications and Drawings (maximum of 30 feet required; 40 feet proposed for
each of the three driveways). Staff supports this exception because the applicant
is reducing the number of driveways (from four to three) as a substantial
equivalent.
• Exception for driveway distance from an intersection per Section 25-102 and the
City's Standard Specifications and Drawings (minimum of 50 feet; 36.89 feet
proposed). Staff supports this exception because the applicant is reducing the
number of driveways (from four to three) as a substantial equivalent.
• Exception for wall signage per Section 25-506(a) (wall signage limited to street -
facing elevations; wall sign proposed on east elevation which does not face a
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401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax
cityofcape.org
CITY Of CAPE . , • ,
DEVELOPMENT SERVICES
street).
O -
street). Staff supports this exception with the condition that the aggregate area
of all wall signs for the building does not exceed the maximum wall sign area per
the City's sign regulations. This condition of approval permits the applicant to
transfer allowable wall sign area from the north and west (street -facing)
elevations to the east elevation without an increase in allowable wall sign area,
which qualifies as a substantial equivalent.
The Zoning Code authorizes the City Council to approve Special Use Permits in
accordance with Section 30-401. In order for a Special Use Permit to be approved,
both the Planning and Zoning Commission and the City Council must consider and
make findings of fact with regard to certain criteria. Staff has reviewed the criteria and
made the following determinations:
Criterion #1: The proposed special use will not substantially increase traffic hazards or
congestion.
Finding: This criterion is met. The proposed site plan provides sufficient access
and circulation, which will not adversely affect traffic. It also eliminates or
reduces the current problem with drive-thru stacking extending onto the street.
Criterion #2: The proposed special use will not substantially increase fire hazards.
Finding: This criterion is met. The proposed special use will be developed in
compliance with the City's Building and Fire Codes, and will operate in
compliance with local, state, and federal laws governing vehicle fueling stations.
Criterion #3: The proposed special use will not adversely affect the character of the
neighborhood.
Finding: This criterion is met. The proposed development will be a significant
improvement over the prior development in terms of architecture, landscaping,
and screening.
Criterion #4: The proposed special use will not adversely affect the general welfare of
the community.
Finding: This criterion is met. As stated above, the proposed development will
result in an improvement. Furthermore, the proposed number of pump islands
(four) will increase capacity and provide more efficient service for customers.
Criterion #5: The proposed special use will not overtax public utilities.
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401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax
cityofcape.org
unbudgeted park-related small equipment and capital
expenditures.
Parks Stormwater Sales Tax - Operating Fund to Sports
Complexes Fund - Seven Thousand Dollars ($7, 000. 00) to
cover unbudgeted park-related small equipment and
capital expenditures.
Parks Stormwater Sales Tax - Operating Fund to Golf
Fund - Ten Thousand Dollars ($10, 000.00) to cover
potential additional operating subsidy.
Transportation Trust Fund I to Motor Fuel Tax Fund -
One Thousand Five Hundred Dollars ($1, 500.00) to cover
the return of excess funds.
Fleet Replacement Fund to Public Safety Trust Fund II
- Seventy-five Thousand Dollars ($75, 000.00) to cover
the transfer of proceeds of the sale of a fire
vehicle.
ARTICLE 4. This ordinance shall be in full force and
effect ten days after its passage
�aannddapproval.
PASSED AND APPROVED THIS 1\, ) . DAY OF , 2017.
564117C4-7)
arry E. Rediger, Mayor
ATTEST: , GI
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s ' te
ruse Tayl , Deputy City Clerky, ` Ell
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