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.
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Planning & Zoning Commission
Meeting Minutes
September 8, 2021
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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
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Planning & Zoning Commission
Meeting Minutes
September 8, 2021
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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.
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Planning & Zoning Commission
Meeting Minutes
September 8, 2021 ,r
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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
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Planning & Zoning Commission
Meeting Minutes
September 8, 2021
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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).
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Planning & Zoning Commission
Meeting Minutes
September 8, 2021
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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)
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Planning & Zoning Commission
Meeting Minutes
September 8, 2021
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• 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