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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 02-09-2022CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES February 9, 2022 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Kevin Greaser, Derek Jackson, Patrick Koetting, Nick Martin, Melissa Stickel, Ed Thompson, Sid Whittington, Deborah Young Commission Members Absent: Scott Blank 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 January 12, 2022 meeting were unanimously approved upon a motion made by Mr. Thompson and seconded by Mr. Koetting. REZONING$, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of the City of Cape Girardeau to rezone property at 618 Bellevue Street from RUMD (Residential Urban Mixed Density District) to NC (Neighborhood Commercial District). Mr. Shrimplin explained that the City adopted a new zoning ordinance and map in 2010, which changed the zoning of several properties, including 618 Bellevue Street. The City recently received a business license application for a massage therapy business at this address. Staff contacted the property owner to inform him that a special use permit is required for this use in the RUMD district. The owner claimed he never received notice of the zoning change, so he thought the property was still zoned commercial. He added that the property was developed for commercial use and has always been used that way. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the rezoning request. A motion was made by Ms. Stickel 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 O abstaining (Aye: Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). 2. A public hearing was held on the request of Cary Lee Ogborn for a special use permit to construct, maintain, and operate a boat inspection, repair, and sales business at 401 South Sprigg Street, zoned CBD (Central Business District) with the DCC (Downtown Commercial Corridor) overlay. Mr. Ogborn presented the request. He explained that he is certified to survey (inspect) boats and other marine vessels. The business will provide surveying and repair services as well as boat sales. He stated that he has read the staff report and has no City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 9, 2022 Page 2 of 5 concerns with the recommended conditions of approval. Mr. Martin asked if the property will be fenced. Mr. Ogborn replied that he is leasing the property, so he would need to discuss it with the landlord. He added that the business will be by appointment only. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the special use permit request, subject to the following conditions: 1. The special use authorized by this permit shall meet all applicable requirements of the Zoning and Development Codes. 2. No more than ten (10) boats may be kept on the property at any one (1) time. 3. All boats shall be parked in an orderly manner and shall not impede vehicular or pedestrian access. 4. Wrecked boats and partial boats shall be prohibited. 5. Outdoor storage of any kind shall be prohibited except for whole boats in seaworthy condition. 6. Major modifications to said special use (including, but not limited to, the site plan) shall require the approval of the City Council. 7. This permit shall automatically expire 12 months from the date of issuance if the other required permits have not been issued. If a 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 said permit. 8. This permit is not transferable without the approval of the City Council. A motion was made by Mr. Koetting and seconded by Ms. Stickel to recommend approval of the special use permit request, subject to the conditions in the staff report. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and O abstaining (Aye: Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). 3. A public hearing was held on the request of Shafiq Malik for an exception from Development Code Section 25-911 (b)(1 ), driveway throat length, for property located at 298 North West End Boulevard. Chris Koehler, Koehler Engineering and Land Surveying, presented the request. He explained that the building on the property was damaged by a fire. The owner plans to demolish the building and redevelop the site. The main driveway shown on the site plan does not meet the minimum driveway throat length. However, a second driveway is being provided as a substantial equivalent. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A staff report was submitted to the Commission, which contained the following findings of fact: City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 9, 2022 Page 3 of 5 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. Finding: The primary purpose of the driveway throat length requirement is to ensure sufficient stacking room for vehicles entering and exiting via the driveway. The site plan shows a total of two driveways, providing access to a both public street and an alley. This serves as a substantial equivalent because drivers will have two options for entering and exiting the property, thus allowing traffic to disperse and reducing the need for stacking room. 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. A motion was made by Mr. Koetting and seconded by Mr. Whittington to approve the exception request. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). SUBDIVISION PLATS 4. The record plat of Church Enterprises Second Subdivision was reviewed by the Commission. Mr. Shrimplin explained that the plat subdivides a lot to form two (2) new lots at 339 Siemers Drive. A staff report was submitted to the Commission, which recommended approval of the record plat. A motion was made by Ms. Stickel and seconded by Mr. Jackson to recommend approval of the record plat. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and O abstaining (Aye: Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). OTHER ITEMS AND COMMUNICATION 5. Chapter 25 Amendment Regarding OffwStreet Parking Regulations Mr. Shrimplin presented an amendment to the offwstreet parking regulations in the Development Code (Chapter 25 of the City's Code of Ordinances). He stated that the amendment involves two (2) key changes, as follows: • The formula for required number of spaces for restaurants with no pickwup or drivewthru service has changed from being based on square footage to being based on number of seats (indoor or outdoor) and number of employees on the largest shift. Staff believes that basing the formula on the number of seats (a proxy for customers) and employees is more intuitive than square footage. Staff conducted an analysis of several restaurants to determine an appropriate formula. In most cases, the proposed formula significantly reduced the parking requirement. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 9, 2022 Page 4 of 5 • The formula for required number of spaces for restaurants with pick-up or drive-thru service and on-site seating has also changed, for the same reason. Mr. Thompson asked how the number of employees on the largest shift would be determined. Mr. Shrimplin replied that staff would ask the applicant to provide this number at the time plans are reviewed. A motion was made by Mr. Jackson and seconded by Mr. Thompson to recommend approval of the amendment as proposed by staff. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and O abstaining (Aye: Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). Commission Communication Chairman Greaser thanked Ms. Young for attending the January 24, 2022 City Council meeting and giving the Planning & Zoning Commission report in his absence. 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 January 24, 2022: • Tanner Subdivision Record Plat - 2 nd & 3rd Readings • Franklin Subdivision Record Plat - 1 st Reading • Mt. Auburn Subdivision No. 10 Record Plat - 1 st Reading The City Council approved the following on February 7, 2022: • Franklin Subdivision Record Plat - 2 nd & 3 rd Readings • Mt. Auburn Subdivision No. 10 Record Plat - 2 nd & 3 rd Readings • Deer Run Estates Phase 1 Record Plat - 1 st Reading • Rezoning of Shadow Wood Villas Subdivision - 1 st Reading • Amended Final Development Plan for Century Casino at 777 North Main Street -1st Reading • 2536 Boutin Drive Special Use Permit - 1 st Reading 2. Update on Transportation Trust Fund (TTF) Projects Transportation Trust Fund 5 (TTF-5) • Independence Street from North Broadview Street to Caruthers Avenue - Staff issued a notice to proceed for appraisals. The project has received environmental clearance from the Missouri Department of Transportation (MoDOT). City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 9, 2022 Page 5 of 5 • Main Street from Roberts Street to East Cape Rock Drive -Staff is continuing with acquisition. The consultant is preparing draft Final Plans . It is anticipated that the project will be advertised for bids in the spring. • Sprigg Street from William Street to Broadway -Staff has reviewed the draft Final Plans and submitted comments to the consultant. It is anticipated that the project will be advertised for bids in the spring. • West End Boulevard from Rose Street to Bertling Street -Staff has reviewed the draft Final Plans and submitted comments to the consultant. It is anticipated that the project will be advertised for bids in the spring. Transportation Trust Fund 6 (TTF-6) Adjournment • Col lege Street from Minnesota Avenue to West End Boulevard - Design is underway. • Maria Louise Lane /Kiwanis Drive /Broadview Street Intersection Improvements -Staff issued a notice to proceed with the design. • South Sprigg Street from Shawnee Parkway/Route 7 4 to Southern Expressway -Design is underway . • 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 - T he 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 7:20 p.m. upon a motion made by Mr. Koetting and seconded by Ms . Stickel. Kevin, Greaser, Chairman