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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 04-13-2022CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES April 13, 2022 City Hall -Council Chambers 44 North Lorimier Street Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Patrick Koetting, Nick Martin, Melissa Stickel, Ed Thompson, Sid Whittington, Deborah Young Commission Members Absent: None 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 9, 2022 meeting were unanimously approved upon a motion made by Ms. Stickel and seconded by Mr. Jackson. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Jack and Pam Cook to rezone property located at 871 Lexington Avenue from R-1 (Single-Family Suburban Residential District) to NC (Neighborhood Commercial District). Pam Cook presented the request. She explained that she and her husband would like to sell the property and, based on inquiries they have received, they feel that rezoning the property would make it more marketable. Chairman Greaser opened the public hearing. Melvin Phillips, 916 Melody Lane, stated that his property is adjacent to the subject property, and he would just like to keep the area residential. He noted that there is already a commercially zoned vacant lot across the street if someone wanted to purchase commercial property in that area. Brenda Schloss, 899 Melody Lane, explained that she has lived on Melody Lane since 1975 and would also like to keep the area residential. She expressed concerns with not being able to narrowly regulate the use of the property if it is rezoned and the possibility of increased crime if a commercial use is established. She asked if any consideration was given to granting a special use permit instead of rezoning so that there could be more control over how the property is used. Mr. Shrimplin explained that the Zoning Code no longer allows a special use permit to be granted for a commercial use in the R-1 district. He noted that the request is consistent with the City's comprehensive plan. Seeing no other appearances to speak, Chairman Greaser closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the rezoning request. Chairman Greaser noted that Sprigg Street and Lexington Avenue are busy City of Cape Girardeau Planning & Zoning Commission Meeting Minutes April 13, 2022 Page 2 of 5 thoroughfares. In response to a question from Ms. Stickel, Ms. Cook stated that the property is just over half an acre, which is an appropriate size for a small commercial development. 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 5 in favor, 3 in opposition, and 1 abstaining (Aye: Blank, Greaser, Martin, Stickel, Thompson; Nay: Jackson, Whittington, Young; Abstain: Koetting). 2. A public hearing was held on the request of Jerad Busch for an exception from Development Code Section 25-604(a), fence height and surface requirements, for property located at 4150 Thousand Oaks Lane. Jerad Busch presented the request. He explained that he owns over eight (8) acres of land along LaSalle Avenue. His house is located on a hill surrounded by woods. There is a grassy area between the house and the street. He would like to install a six (6) foot high chain link fence with a black finish in the grassy area for security purposes. 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. Finding: The purpose of the requirement is to limit fence height to what is reasonable and necessary for the use of the property. Excessively high fences can adversely affect the character of the neighborhood. The proposed fence will not adversely affect the character of the neighborhood because it has a decorative finish and a mostly open surface. In addition, the property is large (over 8 acres) and the fence will be set back several hundred feet from the street. These characteristics qualify as a substantial equivalent. 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. Jackson to approve the exception request. The motion passed with a roll call vote of 9 in favor, O in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). 3. A public hearing was held on the request of Brickyard Properties & Development, LLC for an exception from Development Code Section 25-805, bufferyards, for property located at 2821 Wintergreen Drive. Chris Koehler, Koehler Engineering & Land Surveying, presented the City of Cape Girardeau Planning & Zoning Commission Meeting Minutes April 13, 2022 Page 3 of 5 request. He explained that the property is being developed, and the owner feels that the existing trees and other vegetation along the creek are more than sufficient to screen and buffer the development from the property on the other side of the creek. The owner is willing to keep the trees and vegetation in lieu of installing 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. Finding: The subject property is located adjacent to an R-1 (Single-Family Suburban Residential) zoned property to the west. The bufferyard is required along the entire west property line. A wooded creek runs through the area where the bufferyard is required. The applicant believes that keeping the existing trees and other vegetation along the creek will result in a better buffer than the privacy fence. The purpose of the privacy fence requirement is to screen the development from the adjacent property. The existing trees and other vegetation are a natural screen and thus qualify as a substantial equivalent. 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, subject to the following condition: 1. The existing trees and other non-invasive vegetation located along the creek shall be permanently maintained. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Whittington and seconded by Mr. Thompson to approve the exception request, subject to the staff-recommended condition. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). SUBDIVISION PLATS 4. The record plat of West End-Independence-Park Subdivision was reviewed by the Commission. Jeff Maurer, P & J Marketing, L.L.C., presented the request. He explained that the property consists of multiple lots and vacated/abandoned rights-of-way, which are being combined into one (1) lot in order to construct the new Rhodes 101 store at 10 South West End Boulevard. 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. Koetting to recommend approval of the record plat. The motion passed with a roll call vote City of Cape Girardeau Planning & Zoning Commission Meeting Minutes April 13, 2022 Page 4 of 5 of 9 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). 5. The record plat of Cape West Crossing East -Second Subdivision was reviewed by the Commission. Jeff Maurer, Mayson Investments, LLC, presented the request. He explained that the property consists of two (2) lots that are being resubdivided to form three (3) lots. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff's comments being successfully addressed. A motion was made by Mr. Koetting and seconded by Mr. Jackson to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and O abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). OTHER ITEMS AND COMMUNICATION Commission Communication Chairman Greaser reported that Mr. Thompson was reappointed to the Commission. He will serve the remainder of his current term, which expires in November. He will then be eligible for another reappointment. Chairman Greaser noted that Mr. Koetting will reach his term limit in November and will therefore not be eligible for reappointment. 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 March 21, 2022: • 401 South Sprigg Street Special Use Permit -2 nd & 3rd Readings • 618 Bellevue Street Rezoning - 2 nd & 3 rd Readings • Church Enterprises Second Subdivision Record Plat - 2 nd & 3 rd Readings • Landmark Red Star First Subdivision Record Plat -1st Reading The City Council approved the following on April 4, 2022: • Landmark Red Star First Subdivision Record Plat -2 nd & 3 rd Readings • South Side Farms Rezoning and Amended Preliminary Development Plan - 1 st Reading • Saint Francis Health & Wellness Center Condominiums, Re-plat No. 4 Record Plat - 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 is continuing to obtain appraisals. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes April 13, 2022 Page 5 of 5 • Main Street from Roberts Street to East Cape Rock Drive -Staff anticipates advertising for bids in May. • Sprigg Street from William Street to Broadway -The bid opening will be held on April 19, 2022 . The contract will be awarded on May 2, 2022. • West End Boulevard from Rose Street to Bertling Street -Staff anticipates advertising for bids in May. Transportation Trust Fund 6 (TTF -6) Adjournment • College Street from Minnesota Avenue to West End Boulevard -The bid opening was held on April 12, 2022. The contract will be awarded on April 18, 2022. • Maria Louise Lane /Kiwanis Drive/Broadview Street Intersection Im provements -Staff met with the consultant to review the preliminary design and discuss coordination with the Kingshighway Crosswalk project. • South Sprigg St reet from Shawnee Parkway/Route 7 4 to Southern Expressway -The design is underway. • Bertling Street from Perryville Road to Big Bend Road -The survey is finished. Staff will start on the in-house 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 Ms. Stickel and seconded by Mr. Koetting.