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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 09-08-2021CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING &ZONING COMMISSION MEETING MINUTES September 8, 2021 City Hall — Council Chambers Present: Scott Blank, Kevin Greaser, Derek Jackson, Patrick Koetting, Nick Martin, Melissa Stickel, Ed Thompson, Deborah Young Absent: Sid Whittington Staff Present: Carol Peters, Ryan Shrimplin ('. n I I to C) rd im- r Chairman Greaser called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the August 11, 2021 meeting were unanimously approved upon a motion made by Mr. Koetting and seconded by Ms. Stickel. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Meyr Properties, L.P. to rezone property located at the northeast corner of Baldwin Drive and County Road 618 from C-2 (Highway Commercial District) to R-3 (High Density Single -Family Residential District). Chris Koehler, Koehler Engineering and Land Surveying, presented the request on behalf of the applicant. He explained that the property was zoned C-2 after it was annexed. The applicant would like to rezone the property to R-3 in order to develop it for a duplex subdivision. Mr. Koehler stated that, as an adjacent property owner, he is in favor of the request. A staff report was submitted to .the Commission, which recommended approval of the rezoning request. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Koetting and seconded by Mr. Thompson 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, Koetting, Martin, Stickel, Thompson, Young). 2. A public hearing was held on the request of Ritter Communications for a fiber optic equipment shelter facility in the C-2 (Highway Commercial District) at 2399 Independence Street. David Jordan, 356 Solutions, LLC, presented the request on behalf of the applicant. He explained that the special use permit is being requested in order to construct, maintain, and operate a fiber optic equipment shelter facility in the southeast corner of the property. The facility will consist of a ten (10) foot wide gravel drive leading to a small shelter approximately nine (9) feet in height. An eight (8) foot high privacy fence will be constructed around three (3) sides of the shelter. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 8, 2021 Page 2 of 7 A staff report was submitted to the Commission, which contained the following findings of fact: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Finding: The proposed facility will be unmanned. There will be no traffic except for maintenance purposes. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: The proposed facility will not involve any activities or materials that substantially increase fire hazards. It will operate in compliance with the City's Building and Fire Codes. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Finding: The subject property is located in a commercial corridor. The nearest residential property is over 800 feet away. The proposed facility will be situated in the southeast corner of the property, behind the Orscheln store. The facility will be visible from the Cape LaCroix Recreational Trail. The applicant is proposing to screen the sides and rear of the facility in order to mitigate the visual impact to users of the trail. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding: The proposed facility will allow the applicant to provide communication services to the city's residents and businesses. Criterion #5: The proposed special use will not overtax public utilities. Finding: The proposed facility will only require electric and gas services, which are readily available. In reviewing the application, staff identified the following exceptions from the Development Code (Chapter 25 of the City's Code of Ordinances): Landscaping. Section 25-803(x) requires a minimum of 15% of the total area of the site to be landscaped. Section 25-804(b) requires a minimum of 15% of the total area of the parking lot to be landscaped. In lieu of providing the required landscaping, the applicant is proposing to install a vinyl privacy fence along the rear and sides of the facility. This qualifies as a substantial equivalent because these two requirements are primarily intended to provide an aesthetic enhancement, which the proposed fence also provides. Pavement. Section 25-205(c) requires the parking spaces and the first 75 feet of the access drive to be paved. The intent of this requirement is to provide ahigh-quality City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 8, 2021 Page 3 of 7 driving surface for commercial traffic, and to prevent gravel from being transferred to the street by vehicles. The proposed facility will be unmanned and there will be no traffic except for maintenance purposes. Additionally, due to the size and location of the facility, it is very likely that additional development will occur on the property in the future. When such development does occur, it will likely screen the facility from the street to a certain extent and possibly upgrade a portion of the access drive to pavement. This qualifies as a substantial equivalent. Based on the above findings, staff recommended approval of the special use permit request, subject to the following conditions: 1. The special use shall meet all applicable requirements of the Zoning and Development Codes except for the landscaping and pavement exceptions approved as part of this permit. 2. The final design of the fence shall be subject to approval by the City staff. 3. The portion of the access drive located in the right-of-way shall be paved. 4. Major modifications to the special use (including, but not limited to, the site plan) shall require the approval of the City Council. 5. This permit shall automatically expire 12 months from the date of issuance if the building permit has not been issued. If the building permit is issued within this time frame and later expires due to lack of progress, then this permit shall automatically expire upon the expiration of the building permit. 6. This permit is not transferable without the approval of the City Council. Chairman Greaser opened the public hearing. Danny Henderson, the property owner, stated that the applicant has been a pleasure to work with, and he supports of the request. Seeing no other appearances to speak, Chairman Greaser closed the public hearing. A motion was made by Ms. Stickel and seconded by Mr. Koetting to recommend approval of the special use permit request with the conditions stated in the staff report. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Young). 3. A public hearing was held on the request of Scott Rhodes for an exception from Development Code Section 25-506(b), freestanding signs, for property located at 1705 North Kingshighway. Mr. Rhodes presented the request. He explained that he is requesting an exception in order to increase the sign area of a freestanding sign along North Kingshighway. He is willing to forego or transfer allowable sign area from another freestanding sign in order to obtain approval of the exception. A staff report was submitted to the Commission, which contained the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 8, 2021 ,r Page 4 of 7 Findin The subject property has frontage on three streets (North Kingshighway, Kage Road, and a private street within the development). Per the Development Code, each building on this property is allowed one freestanding sign along each frontage. Two buildings are under construction on this property, therefore two freestanding signs per frontage are allowed (for a total of six). The applicant is proposing to construct a freestanding sign along North Kingshighway having an area of 176.43 square feet, which is 26.43 square feet above the maximum area. In exchange for increasing the maximum area of this sign, the applicant is proposing to deduct 26.43 square feet from the maximum area of one of the other freestanding signs allowed for this property. This qualifies as a substantial equivalent because the overall maximum sign area for the property is not affected. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding_ The substantial equivalent proposed by the applicant ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Koetting and seconded by Mr. Thompson to approve the exception request. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Young). 4. A public hearing was held on the request of Catholic Social Ministries for an exception from Development Code Section 25-805, bufferyards, for property located at 141 South Frederick Street. Mr. Thompson recused himself from the discussion and vote for business reasons. Jim Keusenkothen, representing the applicant, presented the request. He explained that Catholic Social Ministries is requesting an exception in order to substitute a decorative retaining wall and railing for the required privacy fence. A staff report was submitted to the Commission, which contained the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Findin : The subject property is unusual in that it wraps around two other properties on William Street. Each of the two properties contains a single-family residence. Per the Development Code, the proposed development— a food pantry — is required to provide a Type B bufferyard along each property line adjacent to a residential use or district. The code offers two options for a Type B bufferyard. Option A is a privacy fence. Option B is a 20 foot wide strip of land containing no development: and landscaped with a certain number of trees and shrubs. The applicant has chosen Option A because the site layout cannot accommodate the 20 foot strip City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 8, 2021 Page 5 of 7 required in Option B. However, due to the wrapping of the subject property around the two residential properties, Option A would result in a U-shaped privacy fence around one of the properties and an L-shaped fence around the other. Not only would this result in a disjointed fence layout, it would also prove to be ineffective as a screening measure because the grade of the pantry site is several feet higher than the grade of the residences. In lieu of the privacy fence, the applicant is proposing to apply a decorative finish to the retaining wall that will be constructed behind the residences. In addition, the applicant is proposing to install a decorative railing on top of the retaining wall. Lastly, the applicant is proposing to utilize a combination of existing and new plantings to provide landscaping across the rear of the residential properties. This qualifies as a substantial equivalent because the intent of the bufferyard regulations is to provide screening and/or separation in a manner that is aesthetically pleasing and will not adversely affect the adjacent residences. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findin The substantial equivalent proposed by the applicant ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request, subject to the following condition: 1. The final design of the retaining wall, railing, and landscaping shall be subject to approval by the City staff. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Koetting and seconded by Ms. Stickel to approve the exception request with the condition stated in the staff report. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 1 abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Young; Abstain: Thompson). SUBDIVISION PLATS 5. The amended record plat of Southeast Health West Campus was reviewed by the Commission. James Randol, Bowen Engineering & Surveying, was available for 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 Mr. Blank 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, Koetting, Martin, Stickel, Thompson, Young). 6. The record plat of Baldwin Creek Subdivision was reviewed by the Commission. Chris Koehler, Koehler Engineering & Land Surveying, was available for 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 Mr. Koetting 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, Koetting, Martin, Stickel, Thompson, Young). City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 8, 2021 Page 6 of 7 7. The record plat of Capaha Place was reviewed by the Commission. Chris Koehler, Koehler Engineering & Land Surveying, was available for 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 Mr. Koetting and seconded by Mr. Blank 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, Koetting, Martin, Stickel, Thompson, Young). 8. The record plat of Wood and Huston, Plat No. 1 was reviewed by the Commission. Clint Karnes, Wood and Huston Community Bank President, was available for 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 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, Koetting, Martin, Stickel, Thompson, Young). OTHER ITEMS AND COMMUNICATION Commission Communication There were no communication items from the Commission. Staff Communication 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 August 16, 2021: • Zoning of Annexed Property at 530 County Road 317 — 2nd & 3rd Readings • 1295 Independence Street Special Use Permit — 2nd & 3rd Readings • Ferndale Anthony Southwest Subdivision Record Plat — 2nd & 3rd Readings The City Council approved the following on September 7, 2021: • 3203 Bloomfield Road, 440 South Mount Auburn Road, 614 Northview Drive, and a Portion of the Vacated Northview Drive Right -of -Way Rezoning — 1St Reading • Cape West Crossing East First Subdivision Record Plat — 1 st Reading • J. E. Burton Subdivision Record Plat — 1St Reading e River's Edge Subdivision Record Plat — 1St Reading 2. Update on Transportation Trust Fund (TTF) Projects f Transportation Trust Fund 5 (TTF-5) City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 8, 2021 Page 7 of 7 • Independence Street from North Broadview Street to Caruthers Avenue — A task order is under review for a new traffic signal at the North Broadview Street intersection and for modifications to the Aldi driveways. • Main Street from Roberts Street to East Cape Rock Drive — The consultant is revising the plans in order to reduce the number of easements needed. • Sprigg Street from William Street to Broadwgy*— The consultant is adding ADA parking spaces to the plans. • West End Boulevard from Rose Street to Bertling Street — The consultant is revising the plans to address the recently discovered sanitary sewer issues. Staff will be meeting with property owners soon. Several easements have already been accepted. Transportation Trust Fund 6 (TTF-6) • College Street from Minnesota Avenue to West End Boulevard — Koehler Engineering & Land Surveying has been hired to serve as the engineering consultant for the project. • Sprigq-- Street from Shawnee Parkway/Route 74 to Southern Expressway Zahner & Associates has been hired to complete the surveying work. Adjournment There being no further business, the Commission voted unanimously to adjourn the meeting at 7:20 p.m. upon a motion made by Mr. Koetting and seconded by Ms. Stickel. Respectfully submitted, 40 Patrick K ing, Secretary