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HomeMy WebLinkAboutPlanning and Zoning Commission Minutes 12-12-2018 CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION � PLANNING & ZONING COMMISSION MEETING MINUTES December 12, 2018 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 7:03 p.m. Approval of Minutes The minutes of the November 14, 2018 meeting were unanimously approved upon motion made by Mr. Welch and seconded by Mr. Dowdy. � REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Southeast Hospital to rezone property at 921 South Si�ver Springs Road and adjacent parcels from R-1 (Single-Family Suburban Residential District) to C-2 (Highway Commercial District). Chairman Glenn abstained from the discussion and vote for business reasons. Mr. Dan Berry, representing Southeast Hospital, explained that the subject property is located directly across from the Southeast Cancer Center on South Mount Auburn Road. The middle section of the property is already zoned C-2, so the request is to rezone the portions at the north and south ends. A one- hundred (100) bed behavioral health clinic is planned for the north end, while the south end may be developed for a 59,000 square foot medicat office facility operated by the Veterans Administration. The VA has issued a request for proposals for potential sites, and one of the criteria is that the site must be appropriately zoned for its use. A staff report was submitted to the Commission, which recommended approval of the rezoning request. Vice Chairman Skinner opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Spooler and seconded by Mr. Greaser to recommend approval of the request of Southeast Hospital to rezone property at 921 South Silver Springs Road and adjacent parcels from R-1 (Single-Family Suburban Residential District) to C-2 (Highway Commercial District). The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 1 abstaining. (Aye: Dowdy, Greaser, Jackson, Skinner, Spoo/er, Thompson, Welch;Abstain: G/enn) 2. A public hearing was held on the request of Derek and Karla Cornelius for a special use � permit to allow a billboard in the M-1 (Light Manufacturing/Industrial) zoning district at 3849 Business Park Place. Mr. Kevin O'Shea, an attorney representing the applicants, explained that the proposed billboard would be located in the northwest corner of the property, which City of Cape Girardeau Planning &Zoning Commission Meeting Minutes December 12, 2018 - Page 2 of 10 � is adjacent to Interstate 55. He explained that the billboard complies with the applicable regulations except for the sign face area and length, both of which are exceeded slightly due to the standard sized LED panels used to comprise the sign face. A staff report was submitted to the Commission, containing the following findings of fact: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Findinq: There are numerous billboards and other signs along Interstate 55, which have not been found to create traffic hazards. The requirements in Section 25-401 are in place to ensure that new billboards do not contain features which could impair or confuse drivers. The proposed billboard does not contain any such features. Criterion #2: The proposed special use will not substantially increase fire hazards. Findinq: The proposed billboard will be constructed in compliance with the City's construction codes and thus will not increase fire hazards. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Findinq: The subject property is located in a business park and is adjacent to an interstate, making it an appropriate location for a billboard. There are no residential � neighborhoods near the site. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Findinq: The proposed billboard meets the requirements of Section 25-401 (except as noted below) and Section 30-401, and staff is not aware of any potential adverse effects on the community. Criterion #5: The proposed special use will not overtax pubtic utilities. Findinq: The only utility needed for the proposed billboard is electric, which is available on the property. The energy-efficient LED components will not overtax the electric power supply. In reviewing the application, staff identified two features of the proposed billboard that do not meet the requirements of Section 25-401. These two features are the sign face area and length. Section 25-401(h) limits billboard sign face area to 300 square feet and length to 30 feet. The proposed sign face area and length are 304.4 square feet and 30.2 feet, respectively. Section 25-113(a) of the Development Code allows the City to grant administrative relief for any quantitative standard in certain sections of the Development Code, including Section 25-401(h). Staff supports administrative relief for both features due to the fact that, as stated in the application, "the billboard comprises multiple equally-sized panels, the dimensions of which cannot be revised due to the components that create the LED sign face." � City of Cape Girardeau Planning &Zoning Commission Meeting Minutes December 12, 2018 � Page 3 of 10 Based on the above findings, staff recommended approval of the special use permit request, subject to the following conditions: 1. This special use shall meet all applicable requirements of the Zoning and Development Codes except for the administrative relief noted herein. 2. Major modifications to this special use shall require the approval of the City Council. 3. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 4. This permit is not transferable without the consent of the City Council. 5. Administrative relief from Section 25-401(h) of the Development Code is granted as part of the approval of this permit. The billboard sign face area and lengths are approved as proposed. Chairman Glenn opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Skinner and seconded by Mr. Dowdy to recommend approval of the request of Derek and Karla Cornelius for a special use permit to allow a billboard in the M-1 (Light Manufacturing/Industrial) zoning district at 3849 Business Park Place, subject to the conditions listed in the staff report. Chairman Glenn asked if the � code should be revised to allow larger billboards. Mr. Shrimplin explained that staff considered amending the billboard regulations to increase the maximum sign face area and length, but ultimately decided to amend the Administrative Relief section of the Development Code (Section 25-113(a)) by adding the section containing the billboard sign face area and length requirements to the list of sections qualifying for administrative relief. 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) 3. A public hearing was held on the request of Paul Bradley Russom for a special use permit to operate a vehicle body and paint shop in the C-2 (Highway Commercial) district at 450 Siemers Drive. Ms. LaDona Russom, applicant, stated that she and her husband are proposing to operate a collision repair facility in the former Bluff City Beer building at 450 Siemers Drive. She indicated that a privacy fence would be installed on the north side of the building to screen the wrecked vehicles from view. A staff report was submitted to the Commission, containing the following findings of fact: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Findinq: The property has three existing driveways (two on Siemers Drive and one on Cape West Parkway) which provide more than adequate access. There are no characteristics of the applicant's business that would substantially increase traffic hazards or congestion. � Criterion #2: The proposed special use will not substantially increase fire hazards. City of Cape Girardeau Planning &Zoning Commission Meeting Minutes December 12, 2018 Page 4 of 10 � Findinq: The renovation of the facility and the operation of the applicant's business will be in compliance with the City's Fire Code and therefore will not substantially increase fire hazards. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Findinq: The property is located in a commercial corridor adjacent to Interstate 55. This area contains numerous vehicle dealerships and vehicle service facilities, which are compatible with the applicant's business. Thus, the character of the neighborhood will not be adversely affected. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Findinq: The property and the surrounding area are appropriate for the applicant's business, and there are no characteristics of the business that would adversely affect the general welfare of the community. Criterion #5: The proposed special use will not overtax public utilities. Findinq: The applicant's business does not generate utility demands above what is normal for this area and as such, it will not overtax public utilities. � Based on the above findings, staff recommended approval of the special use permit request, subject to the following conditions: 1. This special use shall meet all applicable requirements of the City's Zoning and Development Codes. 2. Major modifications to this special use shall require the approval of the City Council. 3. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 4. This permit is not transferable without the consent of the City Council. Chairman Glenn opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Spooler and seconded by Mr. Skinner to recommend approval of the request of Paul Bradley Russom to operate a vehicle body and paint shop in the C-2 (Highway Commercial) zoning district at 450 Siemers Drive, subject to the conditions listed in the staff report. In response to an inquiry from Chairman Glenn, Mr. Shrimplin confirmed that the proposed privacy fence will not require any exceptions. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Greaser, Jackson, Skinner, Spooler, Thompson, Welch) 4. A public hearing was held on the request of Coast to Coast Signs, LLC for an exception from Development Code Section 25-506(a), wall signs, at 3254 William Street. Mr. Gary � Bowles, Coast to Coast Signs, explained that the request is to display wall signage on the City of Cape Girardeau Planning &Zoning Commission Meeting Minutes December 12, 2018 � Page 5 of 10 west side of the building, which does not have street frontage. A staff report was submitted to the Commission, containing 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 : Per the code requirement, the subject building is permitted wall signage on one (1) elevation that has street frontage (south). In order to display wall signage on the west elevation, the applicant is proposing to transfer a portion of the permitted wall sign area from the south elevation. This qualifies as a "substantial equivalent" because the applicant receives the same amount of wall sign area, but gets to distribute it differently. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findin : The "substantial equivalenY' 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, with the � following condition: 1. The aggregate sign area of all wall signs for the building shall not exceed the maximum wall sign area per the City's sign regulations. Chairman Glenn opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Greaser and seconded by Mr. Spooler to approve the request of Coast to Coast Signs, LLC for an exception from Development Code Section 25-506(a), wall signs, at 3254 William Street, subject to the condition listed in the staff report. 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) 5. A public hearing was held on the request of Coast to Coast Signs, LLC for an exception from Development Code Section 25-506(a), wall signs, at 3451 William Street. Mr. Gary Bowles, Coast to Coast Signs, explained that the request is to display wall signage on the east side of the building, which does not have street frontage. A staff report was submitted to the Commission, containing the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalenY' is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Findinq: Per the code requirement, the subject building is permitted wall signage on one (1) elevation that has street frontage (north). In order to display wall signage on � the east elevation, the applicant is proposing to transfer a portion of the permitted wall sign area from the north elevation. This qualifies as a "substantial equivalent" because the applicant receives the same amount of wall sign area, but gets to distribute it differently. City of Cape Girardeau Planning &Zoning Commission Meeting Minutes December 12, 2018 Page 6 of 10 � Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findinq: 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, with the following condition: 1. The aggregate sign area of all wall signs for the building shall not exceed the maximum wall sign area per the City's sign regulations. Chairman Glenn opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Skinner and seconded by Mr. Dowdy to approve the request of Coast to Coast Signs, LLC for an exception from Development Code Section 25-506(a), wall signs, at 3451 William Street, subject to the condition listed in the staff report. 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, Spooler, Thompson, Welch) 6. A public hearing was held on the request of Gerald W. Jones, II for exceptions from Development Code Section 25-102, Section 25-911, and Section 25-1003, driveway regulations, at 2027 Walden Pond Way. Mr. Greaser abstained from the discussion and �, vote for business reasons. Mr. Gerry Jones, applicant, explained that this is the tenth (10tn) multi-family building in Walden Park, all of which are the same. Some of the codes have changed since the first building was constructed, resulting in the need to request exceptions from the driveway regulations to allow the layouts to remain consistent. A staff report was submitted to the Commission, containing the following findings of fact: Section 25-1003 Number of drivewavs 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. Findinq: The subject property is located in the Walden Park planned development. The approved development plan for Walden Park shows six multifamily buildings on Walden Pond Way (five of which have been constructed). These buildings are unique in that they are not townhouses, but each unit has a garage on the ground floor of the building. The garages are located on the front and sides of the building. Due to site constraints, it is not possible to provide access to all of the garages from a single driveway. The development does include common driveways between the buildings for access to the side garages. This serves as a substantial equivalent because some of the driveways will serve more than one property. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. � City of Cape Girardeau Planning &Zoning Commission Meeting Minutes � December 12, 2018 Page 7 of 10 Findinq: 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. Section 25-102 Drivewav width Criterion #1: As part of the exception request, a "substantial equivalenY' is proposed. "Substantial equivalenY' means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Findinq: Each of the driveways serving the garages on the front of the building has a proposed width of 38.2 feet, and one driveway, providing access to the garages on the west side of the building, has a proposed width of 50 feet. The 38.2 foot driveway width is consistent with that of the existing buildings, and is designed to allow vehicles to back directly out of the garages and on to the street without having to maneuver within a short distance. The 50 foot wide driveway serves as a hammerhead turnaround for emergency apparatus. As with the first exception, the common driveway to the east of the building serves as a substantial equivalent because it is only 20 feet wide, which is 10 feet less than the maximum driveway width. This serves to offset the greater width of the other driveways. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. � Findinq: 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. Section 25-911 Drivewav spacinp 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 38.2 foot wide driveways serving the garages on the front of the building are proposed to have 8.2 feet of space between them in order to align the driveways with the garages as explained in the second exception. The spacing on the outer edges of these driveways, however, is significantly more than the minimum driveway spacing, which serves as a substantial equivalent. 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. � Section 25-911(b)(1) Drivewav throat lenqth City of Cape Girardeau Planning &Zoning Commission Meeting Minutes December 12, 2018 Page 8 of 10 � 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. Findinq: The 50 foot minimum driveway throat length requirement in the Development Code is based on a typical multifamily development where the driveway serves as the entrance to the development and leads to one or more parking lots. As stated in the first exception, these buildings are unique due to the character of the Walden Park ptanned development. The street (Walden Pond Way) actually serves as the entrance to the multifamily portion of Walden Park, whereas the driveways function as both access to the garages and additional parking spaces. The street takes the place of the driveway throat and therefore serves as a substantial equivalent. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findinq: 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 all four(4) exception requests. Chairman Glenn opened the public hearing and seeing no appearances to speak, he closed �'"'� the public hearing. A motion was made by Mr. Skinner and seconded by Mr. Thompson to approve the request of Gerald W. Jones, II for exceptions from Development Code Section 25-102, Section 25-911, and Section 25-1003, driveway regulations, at 2027 Walden Pond Way. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 1 abstaining. (Aye: Dowdy, G/enn, Jackson, Skinner, Spoo/er, Thompson, Welch;Abstain: Greaser) SUBDIVISION PLATS 7. The record plat of Austin Subdivision was reviewed by the Commission. Mr. Dowdy abstained from the discussion and vote for business reasons. The plat showed two (2) tracts at 1730 Oakley Drive being combined to create 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. Welch and seconded by Mr. Greaser to recommend approval of the Austin Subdivision 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, Spooler, Thompson, Welch;Abstain: Dowdy) 8. The record plat of Blattner Meadows Subdivision was reviewed by the Commission. The plat showed two (2) tracts on Cloverdale Ranch Road being combined to create 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. Skinner and seconded by Mr. Spooler to recommend approval of the Blattner Meadows Subdivision record plat. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, t � G/enn, Greaser, Jackson, Skinner, Spooler, Thompson, Welch) �✓ City of Cape Girardeau Planning &Zoning Commission Meeting Minutes � December 12, 2018 Page 9 of 10 9. The record plat of Harvey Sherwood Extension Subdivision was on the agenda. Mr. Shrimplin explained that after the staff report was issued, the property owner decided to reduce the number of lots. The revised plat has not yet been received. A motion was made by Mr. Skinner and seconded by Mr. Welch to table review of the Harvey Sherwood Extension Subdivision record plat. Mr. Greaser abstained from the discussion and vote for business reasons. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 1 abstaining. (Aye: Dowdy, Glenn, Jackson, Skinner, Spooler, Thompson, Welch; Abstain: Greaser) OTHER ITEMS AND COMMUNICATION 10. Commission Officer Nominations Officer nominations were made for Mr. Glenn as Chairman, Mr. Skinner as Vice Chairman, and Mr. Greaser as Secretary. Election of officers will be held at the January 9, 2019 meeting. Commission Communication Chairman Glenn introduced Mr. Jackson and Mr. Thompson as new Commission members, and he welcomed them to the Commission. �; Staff Communication Mr. Shrimplin gave the following updates: • Update on items from previous Commission meetings going on to City Council - Walden Park Phase 4 record plat — second and third readings approved on November 19, 2018 - LILMAC East Second Subdivision record plat—second and third readings approved on November 19, 2018 - Rezoning of property at southwest corner of Hopper Road and Old Hopper Road — second and third readings approved on December 3, 2018 - Chapter 25 Amendment regarding administrative relief and exceptions — second and third readings approved on December 3, 2018 - Rhodes Mount Aubum Subdivision — Amended record plat — second and third readings approved on December 3, 2018 - 1157 South West End Boulevard special use permit request for replacement telecommunication tower—first reading approved on December 3, 2018 - Chapter 30 Amendment regarding recreational vehicles—first reading approved on December 3, 2018 - Crowe Subdivision record plat—first reading approved on December 3, 2018 - Southeast Missouri Hospital Nursing record plat — first reading approved on November 19, 2018; owner requested a change in the name of the plat to Southeast Hospital Nursing Subdivision; second and third readings scheduled for /�1► December 17, 2018 f �! • Update on Transportation Trust Fund (TTF) Projects City of Cape Girardeau Planning &Zoning Commission Meeting Minutes December 12, 2018 Page 10 of 10 � - Independence Street Corridor Study — an open house for the recommended traffic and access improvements was held on December 11, 2018. A survey is available on the City's website for those who missed the open house. • Cape Vision 2040 - A revised draft was received on November 28, 2018 and is currently under review. Adiournment Upon motion made by Mr. Spooler and seconded by Mr. Greaser, the Commission voted unanimously to adjourn the meeting at 7:35 p.m. Respectfully submitted, ���� �� Kevin Greaser Secretary � �