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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 01-12-2022CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES January 12, 2022 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Patrick Koetting, Ed Thompson, Sid Whittington, Deborah Young Commission Members Absent: Nick Martin, Melissa Stickel Staff Present: Ryan Shrimplin, Dustin Ziebold Call to Order Chairman Greaser called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the December 8, 2021 meeting were unanimously approved upon a motion made by Mr. Koetting and seconded by Mr. Thompson. FY 2022-2027 Capital Improvements Program Mr. Ziebold gave a presentation on the FY 2022-2027 Capital Improvements Program. A motion was made by Mr. Whittington and seconded by Mr. Koetting to approve the FY 2022- 2027 Capital Improvements Program. The motion passed unanimously. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of GMA Development, LLC to rezone the Shadow Wood Villas subdivision from PD (Planned Development District) to R-3 (High Density Single-Family Residential District). Nancy Browne with The Limbaugh Firm, representing GMA Development, LLC and the other property owners in the subdivision, presented the request. She explained that the subject property was rezoned to PD at the request of Gary Arnold, who platted and developed the subdivision. Mr. Arnold passed away in 2020. Ms. Browne stated that it is not clear why Mr. Arnold wanted PD zoning. She and her client, Mr. Arnold's daughter, have met with the other property owners to discuss proposed changes to the subdivision. They have also met with City staff regarding the changes. Staff determined that, aside from the front setbacks, the subdivision meets the R-3 standards. A variance will be requested for the front setbacks in the near future. Chairman Greaser opened the public hearing. Charles Haubold, 819 Sharon Drive, expressed concerns about what could be built on the remaining lots if the rezoning request is approved. He explained that ever since Mr. Arnold developed the property, he and the other neighbors have experienced flooding and mosquito problems related to the stormwater detention basin. He is waiting for the next flooding event before he files a City of Cape Girardeau Planning & Zoning Commission Meeting Minutes January 12, 2022 Page 2 of 5 lawsuit against GMA Development. He stated that he wants to see a plan for the development of the remaining lots. Ms. Browne stated that her client has copies of the State and City permits for the project, and that everything meets the applicable requirements. She reviewed the criteria for rezoning property, which merely requires the proposed zoning district to be reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Mr. Whittington stated that when the Commission reviewed the request to rezone the property across Hawthorne Road to R-3, several neighbors spoke at the public hearing and made similar complaints regarding flooding issues. The Commission was not able to take the flooding issues into account in considering the rezoning request because it was a separate matter and the City staff had already determined that the issues were not caused by the City or by a failure to follow City codes. Therefore, Mr. Haubold and his neighbors will need to work with the City staff and GMA Development to address their complaints. Mr. Haubold stated that he still wants to see a plan for the development of the remaining lots. Mr. Thompson asked Mr. Shrimplin how the rezoning would affect the detention basin. Mr. Shrimplin stated that the development must comply with the City's stormwater management regulations, which is independent of and separate from zoning. Gail Mahan, 815 Sharon Drive, explained that she and her husband built a retaining wall iri order to redirect the floodwaters caused by the development. Like their neighbors, they had to purchase flood insurance due to the flooding issues. She stated that the flooding has been a huge problem for her family. Seeing no other appearances to speak, Chairman Greaser closed the public hearing. Chairman Greaser reiterated the rezoning criteria and stated that the City staff is recommending approval because the request meets the criteria. A motion was made by Mr. Whittington and seconded by Mr. Koetting to recommend approval of the rezoning request. The motion passed with a roll call vote of 5 in favor, 2 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Koetting, Whittington; Nay: Thompson, Young). 2. A public hearing was held on the request of IOC-Cape Girardeau LLC to amend the approved final development plan for the Century Casino (formerly Isle Casino) Planned Development District at 777 North Main Street. Chris Roth with Century Casino and Peter Maruska and Mark Beck, both with KDG (Kuhlmann Design Group), presented the request. Mr. Roth explained that the request to amend the approved final development plan is due to some design changes as part of the proposed hotel, which will be smaller than originally envisioned. Mr. Maruska stated that KDG was the architect for the casino, so his firm is very familiar with the hotel parameters approved as part of the final development plan. Mr. Whittington asked how many stories the proposed hotel has. Mr. Maruska replied that the proposed hotel has nine (9) stories. He explained that the design changes include a slight reduction in the total number of parking spaces for the development and several changes to the sign package, mostly on the south elevation where the hotel will be located. Mr. Shrimplin stated that the most significant changes are the video display board, which will be much larger than originally approved and mounted at the top floor of the hotel, facing south, City of Cape Girardeau Planning & Zoning Commission Meeting Minutes January 12, 2022 Page 3 of 5 and the hotel tower logo sign, which will be mounted on the roof of the tower and will be visible from all directions. 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. Jackson to recommend approval of the amendment to the approved final development plan. The motion passed with a roll call vote of 7 in favor, O in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Koetting, Thompson, Whittington, Young). 3. A public hearing was held on the request of Humane Society of Southeast Missouri for a special use permit for long term use of shipping containers in the M-1 (Light Manufacturing/Industrial) district at 2536 Boutin Drive. Chairman Greaser recused himself from the discussion and vote for business reasons. Charlotte Craig and Tracy Poston, both with Humane Society of Southeast Missouri, presented the request. Ms. Craig stated that the shipping containers were placed on the property before they learned of the City's shipping container ordinance. One (1) of the containers is temperature controlled and used to store pet food. The other containers are used to store supplies. Chairman Greaser opened the public hearing. J.W. Strack, 2907 Boutin Drive, stated that he is the owner of the adjacent property to the east. He asked for an explanation of the City's public notice requirements because some of the adjacent property owners had not received a notice in the mail. Mr. Shrimplin explained that a notice of the public hearing before the City Council must be published in a newspaper of general circulation in the city, at least fifteen (15) days prior to the hearing date. Although not required, the City also provides notice of the public hearing before the Planning & Zoning Commission. Notices are mailed to the adjacent property owners and a sign containing the date, time, location, and subject of the hearing is posted on the property. These actions are in addition to the posting of the meeting agendas in accordance with the Missouri Sunshine Law. Mr. Strack stated that he is opposed to leaving the shipping containers on the property for more than a year because they would lower the value of his property. He noted that the containers have already been on the property for several years, and it wasn't until he raised the issue that the organization submitted the special use permit application. He discussed several concerns with the containers, including the potential to attract pests, water ponding on the container roofs, and the lack of ventilation. He expressed concern that if the request is approved, it will set a precedent. Mr. Shrimplin stated that special use permits do not set a precedent because each case has to meet the special use permit criteria in the Zoning Code and be based on a specific plan. Mr. Blank asked Mr. Shrimplin if not-for-profit organizations like Humane Society of Southeast Missouri have to follow the same code requirements as businesses. Mr. Shrimplin stated that the City codes apply regardless of the type of organization or business. Seeing no other appearances to speak, Chairman Greaser closed the public hearing. A motion was made by Mr. Koetting and seconded by Mr. Thompson to recommend approval of the special use permit request. The motion passed with a roll call vote of 5 in favor, 1 in opposition, and 1 abstaining (Aye: Blank, Koetting, Thompson, Whittington, Young; Nay: Jackson; Abstain: Greaser). SUBDIVISION PLATS City of Cape Girardeau Planning & Zoning Commission Meeting Minutes January 12, 2022 Page 4 of 5 4. The record plat of Franklin Subdivision was reviewed by the Commission. Wanda Pipkin, the property owner, presented the plat. She explained that her property consists of five (5) lots, which are being combined into a single lot. A staff report was submitted to the Commission, which recommended approval of the plat. A motion was made by Mr. Whittington and seconded by Ms. Young to recommend approval of the plat. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Koetting, Thompson, Whittington, Young). 5. The record plat of Glyn Ferrell Properties LLC Subdivision was reviewed by the Commission. No one was in attendance to present the plat. A motion was made by Mr. Koetting and seconded by Ms. Young to table taking action on the plat. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Koetting, Thompson, Whittington, Young). OTHER ITEMS AND COMMUNICATION Election of Officers The Commission held its annual election of officers. A motion was made by Mr. Thompson and seconded by Mr. Jackson to elect Mr. Greaser as Chairman, Mr. Thompson as Vice Chairman, and Mr. Koetting as Secretary. The motion passed unanimously. 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 December 20, 2021: • 1301 & 1316 North Main Street Rezoning - 2 nd & 3 rd Readings • 475 North Main Street Rezoning -2 nd & 3 rd Readings • Ellis Street Subdivision Record Plat -1st Reading • Saint Francis Health & Wellness Center Condominiums, Re-Plat No. 3 -1st Reading The City Council approved the following on January 10, 2022: • Ellis Street Subdivision Record Plat -2 nd & 3rd Readings • Saint Francis Health & Wellness Center Condominiums, Re-Plat No. 3 -2 nd & 3rd Readings • Tanner Subdivision Record Plat -1st Reading 2. Update on Transportation Trust Fund (TTF) Projects City of Cape Girardeau Planning & Zoning Commission Meeting Minutes January 12, 2022 Page 5 of 5 Transportation Trust Fund 5 (TTF-5) • Independence Street from North Broadview Street to Caruthers Avenue - The appraisal contract has been awarded. The consultant is working on plan rev isions. • Main Street from Roberts Street to East Cape Rock Drive -Staff is continuing with acquisition. It is anticipated that the project will be advertised for bids in the spring. • Sprigg Street from William Street to Broadway -Staff submitted comments on the final draft plans to the consultant. It is anticipated that the project will be advertised for bids in the next few weeks. • West End Boulevard from Rose Street to Bertling Street -The tree removal work is finished. Staff is reviewing the fin al draft plans. It is anticipated that the project will be advertised for bids in the next few weeks. Transportation Trust Fund 6 (TTF-6) Adjournment • College Street from Minnesota Avenue to West End Boulevard -The design is underway . • Maria Louise Lane /Kiwanis Drive/Broadview Street Intersection Improvements - A task order to engage the consultant is in process . • South Sprigg Street from Shawnee Parkway/Route 7 4 to Southern Expressway -The survey is finished . Staff will start on design soon. • Bertling Street from Perryville Road to Big Bend Road -The survey is finished. Staff will start on design soon. • Lexington Avenue from Carolina Lane to Sherwood Drive -The survey is finished. Staff will start on design soon . • Lexington Avenue from West Cape Rock Drive to Sprigg Street -The survey is finished. Staff will start on design soon. There being no further business, the Commission voted unanimously to adjourn the meeting at 7:48 p.m. upon a motion made by Ms. Young and seconded by Mr. Thompson.