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Home My WebLink AboutPlanning & Zoning Commission Minutes 05-08-2019 CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION /"'""� PLANNING & ZONING COMMISSION MEETING MINUTES May 8, 2019 City Hall —Council Chambers Present: Larry Dowdy, Jeff Glenn, Kevin Greaser, Derek Jackson, Bruce Skinner, Doug Spooler, Ed Thompson, Thomas J. Welch Absent: Patrick Koetting Staff Present: Carol Peters, Ryan Shrimplin Call to Order Chairman Glenn called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the April 10, 2019 meeting were unanimously approved upon motion made by Mr. Greaser and seconded by Mr. Thompson. � REZONINGS. SPECIAL USE PERMITS. AND EXCEPTIONS 1. A public hearing was held on the request of Matthew Stuchlik to rezone property at 151 South Spanish Street from R-4 (Medium Density Multifamily Residential District) to CBD (Centrat Business District). Mr. Matthew Stuchlik, applicant, explained that he and his wife recently purchased the business at this location (Eden Spa) and applied for a business license. Staff informed them that the special use permit for the business had expired because the seller acquired the business without obtaining approval from the City Council to transfer the special use permit. Rezoning to CBD will allow the business license to be approved. A staff report was submitted to the Commission, which recommended approval of the rezoning request. Chairman Glenn opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Skinner and seconded by Mr. Spooler 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: Dowdy, G/enn, Greaser, Jackson, Skinner, Spoo/er, Thompson, Welch) 2. A public hearing was held on the request of Kevin and Joni Hand for an exception from Development Code Section 25-604, fence height and surface requirements, at 2001 Pamela Drive. Mr. Shrimplin informed the Commission that the applicant recently requested their application be placed on hold pending the outcome of an amendment to the fence regulations in the Development Code, which would eliminate the need for the exception. However, the request was received after the public hearing was advertised, so the public � hearing must still be held. Chairman Glenn opened the public hearing. Seeing no appearances to speak, he closed the public hearing. City of Cape Girardeau Planning &Zoning Commission Meeting Minutes May 8, 2019 Page 2 of 5 � SUBDIVISION PLATS 3. The record plat of Ahrens First Subdivision was reviewed by the Commission. The plat combines two (2) tracts to form one (1) new lot. 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. Skinner and seconded by Mr. Jackson to recommend approval of the record plat with the staff condition. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, G/enn, Greaser, Jackson, Skinner, Spoo/er, Thompson, We%h) 4. The record plat of Jones Dunklin Subdivision was reviewed by the Commission. The plat resubdivides three (3) tracts to form two (2) new lots. A staff report was submitted to the Commission, which recommended approval of the record plat as submitted. A motion was made by Mr. Dowdy and seconded by Mr. Spooler to recommend approval of the record plat. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, G/enn, Greaser, Jackson, Skinner, Spoole% Thompson, Welch) 5. The record plat of Teresa Connell Subdivision was reviewed by the Commission. Mr. Dowdy recused himself from the discussion and vote for financial reasons. The plat combines two (2) tracts to form one (1) new lot. A staff report was submitted to the Commission, which recommended approval of the record plat as submitted. A motion was made by Mr. Jackson and seconded by Mr. Greaser to recommend approval of the record plat. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 1 abstaining. �, (Aye: G/enn, Greaser, Jackson, Skinner, Spoo/er, Thompson, Welch;Abstain: Dowdy) 6. The record plat of Midamerica Crossings Second Subdivision was reviewed by the Commission. The ptat subdivides a lot into 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. Dowdy and seconded by Mr. Jackson to recommend approval of the record plat with the staff condition. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, G/enn, Greaser, Jackson, Skinner, Spoo/er, Thompson, Welch) OTHER ITEMS AND COMMUNICATION 7. Chapter 25 Amendment Reaardinq Fences Mr. Shrimplin presented an amendment to the Development Code (Chapter 25 of the City Code) regarding fences. He explained that currently, Section 25-604 of the Code treats all front yards the same for the purposes of regulating fence height and surface (for non-rural estate residential uses, the maximum height is 3 feet and the minimum open surFace ratio is 50%). Any yard between a street and a principal structure is considered a front yard per the Code. Over the years, staff has received complaints from owners of residential corner lots and through lots because they aren't allowed to have a privacy fence in their non-primary front yard (i.e. the "side" front yard or"rear" front yard). This is particularly problematic when an owner wishes to replace an aging privacy fence that was constructed prior to the current restrictions because the restrictions apply if more than 30% of the fence area is repaired or replaced. The amendment establishes finro types of front yards for residential uses ''�.� (excluding rural estate residential, which is already permitted a higher fence in the front yard). The two types are primary front yard and secondary front yard. A primary front yard City of Cape Girardeau Planning &Zoning Commission Meeting Minutes May 8, 2019 � Page 3 of 5 is defined as the front yard of a lot or, in the case of a lot with more than one front yard, the front yard to which the main entrance of the principal dwelling is oriented. A secondary front yard is defined as any front yard that is not a primary front yard. Fences in a primary front yard are subject to the current restrictions (maximum height of 3 feet and minimum open surface ratio of 50%) while fences in a secondary front yard are subject to the same restrictions as fences in the rear and side yards (maximum height of 6 feet and no minimum open surface ratio). The amendment also includes minor changes to this section for purposes of clarity and consistency. A motion was made by Mr. Skinner and seconded by Mr. Thompson to recommend approval of the amendment. The motion passed via a unanimous vote. 8. Medical Mariivana Discussion Mr. Shrimplin explained that Amendment 2, which passed last fall, legalized medical marijuana in Missouri. Pursuant to the amendment, Missouri local governments must now amend their regulations to comply with the draft rules released by the Missouri Department of Health and Senior Services (DHSS). The City Council has tasked the Planning & Zoning Commission with making a recommendation on how to amend the Zoning Code (Chapter 30 of the Code of Ordinances) to comply with the DHSS draft rules. The Commission viewed a webinar from the Missouri Municipal League (MML) entitled � "Medical Marijuana: Implications for Municipalities". The webinar discussed the spacing requirement established by Amendment 2 for medical marijuana facilities, which states: "Unless allowed by the local government, no new Medical Marijuana Cultivation Facility, Medical Marijuana Testing Facility, Medical Marijuana Dispensary Facility, or Medical Marijuana Infused-Products Manufacturing Facility shall be initially sited within one thousand feet of any then-existing elementary or secondary school, child day-care center, or church." Amendment 2 bans local governments from prohibiting medical marijuana facilities either expressly or through the enactment of ordinances or regulations that make such operations unduly burdensome in the jurisdiction. Local governments are permitted to alter the spacing requirement to the extent such changes do not result in being more restrictive than the 1,000 foot requirement established by Amendment 2. Local governments are also permitted to impose other time, place, and manner restrictions to the extent they are not "unduly burdensome" on the operation of the medical marijuana facility. Mr. Shrimplin presented a table containing the five (5) types of inedical marijuana facilities (as defined in the DHSS rules) in a row across the top and the City's zoning districts in a column down the left side. For each facility type, staff recommended that it be either a principal use permitted by right or prohibited in the corresponding zoning district, as shown below: � City of Cape Girardeau Planning &Zoning Commission Meeting Minutes May 8, 2019 Page 4 of 5 � Mediwl Man'uana Fxili T e Zoning District Medical Marijuana Mediwl Marijuana- Medical Marijuana Medipl Marijuana Medical Marijuana Cultivation Facility Infused Produc[s Dispensary Facility Testing Faality Transportation Fadlity Manufacturing Facility AG A ricultural •° �� •: .. ,. , p ;:. AG-1 Exclusive A ricultural RE Rural Estate 5in le-Famil -. � '�� ff.m«i R-1 Sin le-Famil SuburbanResidential :;>�*. ;�,� � �<sa�� b {�'_; e ,w � �, �. s R-2 Sin le-Famil Urban Residential "' , "�r'i�` H� R-3 Hi h Densi Sin le-Famil Residential ht �,:�� ;a� . ,�r�„„��; �„ ,. R-4 Medium Densi Multifamil Residential r-�� " ��" ^s.:,' '" .`;3, ' �rF; :� � R-5 Hi h Densit Multifamil Residential d«='�T• * ', ' ;` . � , , y . ' ,: RUMD Residential Urban Mixed Densit "" ' • + ' -,• RMH Residential Manufadured Home �':,;�;�"- �� ': �` � � < NC Nei hborhood Commercial ` °,' �,; &„^ ' *.� � :.,;�ri =w ' �� ,. . .. �st9=` �: s- �,;��: . aj . .. �. �` ,. . ;< ; ._�� `. CBD Centrel Business District �*r: ,a �a:; „i.,� _ ,,�;° a G3 Generel Commercial � x,��: v';�; �+t�r G2 Hi hwa Commerdal ` c...:=: �.;; ' v:=,;`^' -a�,: h; �.��. M-1 Li ht Manufacturin Industrial Ri t Ri t Ri t M-2 He Manufadurin Industrial ' +R"i t ` ;'yh"�; ' 81 t A-1 Air ort u�:.,:?= r,'s a �,. Wti j� i � ._ . . . � �:�. Mr. Shrimplin stated that staff recommended keeping the 1,000 foot spacing requirement for all of the facility types and also recommended restricting the hours of operation for medical marijuana dispensary facilities, with the permitted hours being 7:00 a.m. to 7:00 p.m. daily. All other types of inedical marijuana facilities would not have restricted hours of operation. A motion was made by Mr. Skinner and seconded by Mr. Spooler to recommend the regulations for medical marijuana facilities as proposed by staff. The motion passed via a � unanimous vote. Commission Communication Chairman Glenn stated that, for subdivision plats, he will no longer ask the applicant or their representative to come to the podium and present their request. This is being done to keep the meetings from being longer than necessary. Unlike other requests reviewed by the Commission, plats are administrative in nature and do not require a public hearing. The Commission relies on the staff to determine whether or not the plat meets the requirements. If the Commission has questions about a plat, then the applicant or their representative will be asked to come to the podium. Staff Communication Mr. Shrimplin gave the following updates: • Update on items from previous Commission meetings going on to City Council - Rezoning of property at 3269 Hopper Road—First reading was approved on May 6, 2019. - 1704 David Subdivision Record Plat—First reading was approved on May 6, 2019. - C &T Seib Subdivision Record Plat—First reading was approved on May 6, 2019. - Walnut Street Right-of-Way Dedication Plat—First reading was approved on May 6, 2019. � - The Estates at Hopper Crossing Record Plat— First reading was approved on May 6, 2019. City of Cape Girardeau Planning &Zoning Commission Meeting Minutes May 8, 2019 � Page 5 of 5 • Update on Transportation Trust Fund (TTF) Projects - West End Boulevard from Rose Street to Bertling Street—Design is underway; staff is coordinating with utility providers. - Independence Street from Gordonville Road/East Rodney Drive to Caruthers Avenue— Field survey work will begin soon. - 2019 Sidewalk Gap—The project will be advertised for bids soon. - 2019 Concrete Street Repair—The contract was awarded to Nip Kelley Equipment Company. - Main Street from Roberts Street to Cape Rock Drive — Field survey work is completed. The conceptual design is underway. - 2019 Asphalt Overlay—The contract was awarded to Apex Paving Company. Mr. Shrimplin reported that the TTF6 Committee will have a kickoff meeting in June. Adiournment There being no further business, the Commission voted unanimously to adjourn the meeting at 8:30 p.m. upon a motion made by Mr. Spooler and seconded by Mr. Greaser. Respectful submitted, � , � Kevin Greaser Secretary �