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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 04-14-2021CITY Ot CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES April 14, 2021 City Hall — Council Chambers Present: Scott Blank, Kevin Greaser, Derek Jackson, Nick Martin, Melissa Stickel, Ed Thompson, Sid Whittington, Deborah Young Absent: Patrick Koetting Staff Present: Carol Peters, Ryan Shrimplin Call to Order Chairman Greaser called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the March 10, 2021 meeting were unanimously approved upon a motion made by Mr. Jackson and seconded by Ms. Stickel. REZONINGS. SPECIAL USE PERMITS AND EXCEPTIONS 1. A public hearing was held on the request of Christopher Coleman to rezone property located at 401 South West End Boulevard from R-2 (Single -Family Urban Residential District) to NC (Neighborhood Commercial District). A staff report was submitted to the Commission, which recommended approval of the rezoning request. Terry Lynch, representing the applicant, presented the request. He stated that he is the former owner of the property, where he operated Lynch's Fire Protection for many years. He sold the property to Mr. Coleman, who would like to use the lower level for a barber shop and the upper level for apartments. The building was constructed for mixed use and operated that way for many years under a special use permit. Mr. Shrimplin explained that the special use permit has expired due to the length of vacancy. The Zoning Code no longer allows a special use permit to be granted for this type of use in the R-2 district. Chairman Greaser opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Thompson and seconded by Mr. Jackson to recommend approval of the rezoning request. The motion passed with a roll call vote of 7 in favor, 1 in opposition, and 0 abstaining. (Aye: Blank, Greaser, Jackson, Martin, Stickel, Thompson, Whittington, Nay. Young) 2. A public hearing was held on the request of Christopher and Sheniqua Sparks to rezone property located at 1542 North Water Street from R-2 (Single -Family Urban Residential District) to NC (Neighborhood Commercial District). A staff report was submitted to the Commission, which recommended approval of the rezoning request. Christopher and `. Sheniqua Sparks presented the request. They explained that they would like to operate a commercial day care on the property owned by House of Prayer Tabernacle, which they are City of Cape Girardeau Planning & Zoning Commission Meeting Minutes April 14, 2021 Page 2 of 5 in the process of purchasing. They stated that there is a need for more day care facilities in the area. Chairman Greaser opened the public hearing. Mr. Shrimplin reported that staff received a letter from Jane Maxwell, 101 Rivercrest Drive, who expressed opposition to the request because she felt it would result in increased traffic. In addition, staff received phone calls from Frankie Clippard, 1546 North Main Street, and Sharon Bragg, 1501 North Water Street, who both expressed opposition to the request. Linda Mons, 1537 North Water Street, stated that she is opposed to the request because the area is a residential neighborhood, and rezoning the property to commercial would lead to increased traffic. Jesse Hosket, 1530 North Water Street, stated that he is not opposed to the property being used for a day care, but he is concerned about what other types of businesses could move in if the day care were to close or move out. He expressed concern about the amount of traffic that would be generated by such businesses. In response to a question from Chairman Greaser, Mr. Shrimplin explained that the applicants met with staff to discuss their plans for the property prior to filing the rezoning application. Staff reviewed the zoning districts that allow a commercial day care and determined that the NC district would be the most appropriate, based on the Cape Vision 2040 Comprehensive Plan's Future Land Use Map, which showed the property as Local Commercial. He then stated that the duty of the Commission is to determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Therefore, the Commission should consider the list of permitted uses in the NC district and how they might affect the area. He then verbally read the list of NC permitted uses. Mr. Martin asked if the day care would be cooking meals at the facility. Ms. Sparks stated that the facility does have a kitchen, which recently passed inspection by the Fire Department, so meals would be prepared and served. Ms. Mons stated that she does not have a concern with the proposed day care, but she is concerned about what would happen if the applicants decided to sell the property. She stated that she would hate to see a convenience store move into the middle of a residential neighborhood. Mr. Blank stated that he has experience with owning and operating convenience stores; in his opinion, the property does not have the level of traffic needed to sustain a convenience store. Ms. Sparks stated that the day care will be a long term commitment, which is why she and her husband are purchasing the property. In response to questions from Ms. Stickel and Mr. Blank, Ms. Sparks stated that the license is for a maximum of twenty (20) children, and there will be three (3) staff members. Ms. Young stated that she feels more day cares are needed, but she does not understand why these applicants are being asked so many questions about their plans for the property. She noted that no questions were asked about the rezoning request for 401 South West End Boulevard. Ms. Stickel explained that there is a difference in the two requests. The .r request for 401 South West End Boulevard was made in order to allow the property to resume being used for the same types of uses it had previously. The request for 1542 North City of Cape Girardeau Planning & Zoning Commission Meeting Minutes April 14, 2021 Page 3 of 5 Water Street was made in order to allow the property to be used in ways that it had never been used before. The request to allow new types of uses and the comments made by people speaking at the hearing have raised some questions that are appropriate to ask as part of the Commission's review. Seeing no other appearances to speak, Chairman Greaser closed the public hearing. A motion was made by Mr. Thompson and seconded by Mr. Jackson to recommend approval of the rezoning request. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Blank, Greaser, Jackson, Martin, Stickel, Thompson, Whittington, Young) SUBDIVISION PLATS The record plat of Masonic Temple Subdivision was reviewed by the Commission. The plat involved subdividing a commercial lot to form two (2) new lots. Kyle West, representing The Cape Girardeau Masonic Temple Association, the property owner, was in attendance to answer any questions. A staff report was submitted to the Commission, which recommended approval of the plat as submitted. A motion was made by Mr. Blank and seconded by Ms. Stickel to recommend approval of the plat per the staff report recommendation. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Blank, Greaser, Jackson, Martin, Stickel, Thompson, Whittington, Young) 4. The record plat of Roberts' Subdivision was reviewed by the Commission. The plat involved subdividing a duplex lot to form two (2) new lots, with each existing unit being on a separate lot. Dare] Roberts, the property owner, was in attendance to answer any questions. A staff report was submitted to the Commission, which recommended approval of the plat as submitted. A motion was made by Mr. Thompson and seconded by Mr. Jackson to recommend approval of the plat per the staff report recommendation. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Blank, Greaser, Jackson, Martin, Stickel, Thompson, Whittington, Young) 5. The record plat of Ballentine Hills Subdivision was reviewed by the Commission. The plat involved replatting a single-family residential tract to form one (1) new lot. Chris Koehler, Koehler Engineering and Land Surveying, representing the property owner, was in attendance to answer any questions. A staff report was submitted to the Commission, which recommended approval of the plat, subject to staff's comments being successfully addressed. A motion was made by Ms. Stickel and seconded by Mr. Whittington to recommend approval of the plat per the staff report recommendation. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Blank, Greaser, Jackson, Martin, Stickel, Thompson, Whittington, Young) 6. The record plat of Timber Creek Fourth Subdivision (previously named Timber Creek Amended) was reviewed by the Commission. The plat involved combining two (2) single- family residential lots to form one (1) new lot. Travis Smith, the property owner, was in attendance to answer any questions. A staff report was submitted to the Commission, which recommended approval of the plat as submitted. A motion was made by Mr. Whittington and seconded by Mr. Blank to recommend approval of the plat per the staff W. report recommendation. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Blank, Greaser, Jackson, Martin, Stickel, Thompson, Whittington, Young) City of Cape Girardeau Planning 8 Zoning Commission Meeting Minutes April 14, 2021 Page 4 of 5 The record plat of Frederick Subdivision No. 1 was reviewed by the Commission. The plat involved combining several commercial tracts to form one (1) new lot. Jim Keusenkothen, representing The Roman Catholic Diocese of Springfield -Cape Girardeau, the property owner, was in attendance to answer any questions. A staff report was submitted to the Commission, which recommended approval of the plat as submitted. A motion was made by Mr. Whittington and seconded by Mr. Jackson to recommend approval of the plat per the staff report recommendation. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye. Blank, Greaser, Jackson, Martin, Stickel, Thompson, Whittington, Young) 8. The record plat of Coyote Creek Third Subdivision was reviewed by the Commission. The plat involved replatting three (3) lots to form two (2) new lots. Mr_ Shrimplin explained that the plat was reviewed by the Commission in 2016, but it was held from City Council review due to an ownership issue that was not resolved until recently. The plat had to be revised and resubmitted with a new application. A staff report was submitted to the Commission, which recommended approval of the plat as submitted. A motion was made by Ms. Stickel and seconded by Mr. Jackson to recommend approval of the plat per the staff report recommendation. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Blank, Greaser, Jackson, Martin, Stickel, Thompson, Whittington, Young) OTHER ITEMS AND COMMUNICATION 9. Chapter 25 Amendment Regarding Off -Street Parking Regulations ..r Mr. Shrimplin presented a proposed amendment to the off-street parking regulations in the Development Code (Chapter 25 of the City's Code of Ordinances). He explained that the amendment adds a provision authorizing the City Manager (or their designee) to grant a waiver of the requirement to provide an off-street parking facility in cases where a use is utilizing an existing development and cannot reasonably provide an off-street parking facility. In order to qualify for the waiver, all of the following must be true: 1) the development is not being expanded; 2) an off-street parking facility cannot be reasonably provided on the property due to existing physical constraints; and 3) an off-street parking facility cannot be provided in accordance with Section 25-209(c), which allows off-street parking facilities for any use except residential to be provided on appropriately zoned property located within 500 feet of the property for which the parking is required. He stated that this provision is intended to resolve issues with properties that were developed prior to the establishment of the City's off-street parking regulations. The Development Code already exempts uses and developments in the CBD, Central Business District from having to provide off-street parking facilities. The amendment establishes a process and criteria for allowing uses and developments outside the CBD to receive an exemption. He added that the amendment also includes wording and formatting changes for purposes of clarity and consistency. A motion was made by Ms. Stickel and seconded by Mr. Jackson to recommend approval of the amendment as proposed by staff. The motion passed with a roll call vote of 7 in favor, 1 in opposition, and 0 abstaining. (Aye: Blank, Greaser, Jackson, Martin, Stickel, Thompson, Whittington; Nay. Young) Commission Communication There were no communication items from the Commission. .ir City of Cape Girardeau Planning & Zoning Commission Meeting Minutes April 14, 2021 Page 5 of 5 Staff Communication Mr. Shrimplin introduced Mr. Martin and welcomed him to the Commission. Mr. Shrimplin gave the following updates: 1. Update on items from previous Commission meetings going on to City Council The City Council approved the following on April 5, 2021: • Cypress Grove Subdivision Record Plat— 1" Reading • The Highlands at Hopper Crossing — Phase 3 Record Plat — 1" Reading • Touchdown Ridge 2 Record Plat— I" Reading • Hawthorne Road Rezoning — 1" Reading 2. Update on Transportation Trust Fund (TTF) Projects Transportation Trust Fund 5 (TTF5) + Fountain Street from William Street to Independence Street — The geotechnical studies revealed unstable soil conditions in the project area. The City Manager and the City Council are discussing the next course of action. + Independence Street from Gordonville Road/East Rodney Drive to Caruthers Avenue — Staff will begin the acquisition phase soon. • Main Street from Roberts Street to East Cape Rock Drive — Acquisition is underway. The consultant is finalizing the design. • Sprigo Street from William Street to Broadway — The consultant is still working on the design. West End Boulevard from Rase Street to Bertlino Street — A sanitary sewer issue has been discovered. The consultant is revising the plans to address it. The project will be advertised for bids as soon as the plan revisions are finished. Transportation Trust Fund 6 (TTF6) — The City began coltecting the tax in January. General services agreements with several engineering firms are being executed in preparation for the projects. Adioumment There being no further business, the Commission voted unanimously to adjourn the meeting at 7:55 p.m. upon a motion made by Mr. Jackson and seconded by Mr. Thompson. R epe tfully su miffed, Kevin Greaser, Chairman S_