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HomeMy WebLinkAboutPlanning and Zoning Commission Minutes 11-14-2018 CITY Of CAPE GIRARDEAU PLANNING & 20NING COMMISSION � PLANNING & ZONING COMMISSION MEETING MINUTES November 14, 2018 City Hall —Council Chambers Present: Larry Dowdy, Jeff Glenn, Patrick Koetting, Bruce Skinner, Doug Spooler, Thomas J. Welch Absent: Kevin Greaser 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 October 10, 2018 meeting were unanimously approved upon motion made by Mr. Dowdy and seconded by Mr. Welch. � REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Cellective Solutions, LLC for a special use permit to replace an existing telecommunication tower located in the R-2 (Single-Family Urban Residential) zoning district at 1157 South West End Boulevard. Mr. Shrimplin explained that due to the weather, the applicant did not travel from St. Louis to attend the meeting but asked that the vote be tabled in the event the Commission has questions that cannot be answered by the City staff. 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 proposed telecommunication tower will not generate any traffic except for technician trips and thus will not increase traffic hazards or congestion. Criterion #2: The proposed special use will not substantially increase fire hazards. Findinq: The proposed telecommunication tower 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 proposed telecommunication tower will replace an existing telecommunication tower. The proposed tower will be in the same general location as the existing tower and will have a similar appearance except for the additional height. With the exception of an apartment complex and a mobile home park directly City of Cape Girardeau Planning &Zoning Commission Meeting Minutes November 14, 2018 Page 2 of 7 � across the street, the immediately surrounding area is mostly non-residential. The existing tower is already clearly visible to those in the apartment complex and the mobile home park, and the additional impact created by the proposed tower will be minor. Thus, the proposed telecommunication tower will not adversely affect the character of the neighborhood. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Findina: The proposed telecommunication tower will allow the service provider to make the upgrades necessary for improving its services throughout the region. Thus, the proposed telecommunication tower will not adversely affect the general welfare of the community. Criterion #5: The proposed special use will not overtax public utilities. Findinq: The proposed telecommunication tower will only require electrical utility service, which is already being provided for the existing tower. The proposed tower will not generate an electrical demand in excess of the capacity available and thus will not overtax public utilities. In reviewing the application, staff identified one (1) variance. Section 30-404(a)(2) of the Zoning Code requires a telecommunication tower to be designed to accommodate the co- use of at least two (2) other providers and to be made available to other providers for co-use � for reasonable terms. The applicant has indicated that due to technical constraints, the proposed telecommunication tower cannot be designed for co-use by other providers. Staff supports a variance to allow the proposed tower to be designed for use by only one (1) provider, for two reasons. First, the telecommunications network in this area has been in existence for many years. The likelihood of additional providers seeking to co-locate at this location in the future is low. Second, in order to accommodate co-use, the design of the proposed tower would have to be substantially modified, resulting in additional height, thickness, or other changes that could make the appearance of the tower more intrusive to the neighborhood. 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 a�l applicable requirements of the Zoning and Development Codes except for the variance noted herein. 2. Major modifications to this speciat 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. A variance from Section 30-404(a)(2) of the Zoning Code is granted as part of the � approval of this permit. The telecommunication tower shall not be required to accommodate the co-use of other providers. City of Cape Girardeau Planning &Zoning Commission Meeting Minutes November 14, 2018 � Page 3 of 7 6. The exterior color(s) of the telecommunication tower shall be subject to approval by the City staff. 7. If the telecommunication tower is used as a flagpole, it shall be illuminated when displaying a flag during non-daylight hours. 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. Spooler to recommend approval of the request of Cellective Solutions, LLC for a special use permit to replace an existing telecommunication tower at 1157 South West End Boulevard, subject to the conditions listed in the staff report. The motion passed with a roll call vote of 6 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, G/enn, Koetting, Skinner, Spoo/er, Welch) 2. A public hearing was held on the request of Walter Margrabe for an exception from Development Code Section 25-506(a), wall signs, at 1008 North Kingshighway. Mr. Walter Margrabe, applicant, explained that the request is for the new Imo's Pizza store. The store owner is proposing to transfer permitted wall sign area from other sides of the building where signage is allowed to the side of the building facing the parking lot. 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 equivalenY' 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 two (2) elevations that have street frontage (southwest and northeast). In order to display wall signage on the southeast elevation, the applicant is proposing to transfer a portion of the permitted wall sign area from the southwest and northeast elevations. 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 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 permitted 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. Responding to Chairman Glenn, Mr. Margrabe confirmed that he had � reviewed the condition listed in the staff report and had no concerns with it. A motion was made by Mr. Koetting and seconded by Mr. Welch to approve the request of Walter Margrabe for an exception from Development Code Section 25-506(a), wall signs, at 1008 North Kingshighway, subject to the condition listed in the staff report. The motion passed City of Cape Girardeau Planning &Zoning Commission Meeting Minutes November 14, 2018 Page 4 of 7 � with a roll call vote of 6 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Koetting, Skinner, Spooler, Welch) 3. A public hearing was held on the request of Canedy Sign & Graphics for an exception from Development Code Section 25-506(a), wall signs, at 2136 William Street. Mr. Kyle Curry, representing Canedy Sign & Graphics, explained that the request is for the new Harbor Freight store. The store owner is proposing to transfer twenty (20) square feet of permitted wall sign area from the west building elevation to the south building elevation. 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 two (2) elevations that have street frontage (west and south). In order to gain an additional 20 square feet of wall sign area on the south elevation, the applicant is proposing to transfer 20 square feet of the permitted wall sign area from the west 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. r,� 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 permitted 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. Responding to Chairman Glenn, Mr. Curry confirmed that he had reviewed the condition listed in the staff report and had no concerns with it. A motion was made by Mr. Koetting and seconded by Mr. Dowdy to approve the request of Canedy Sign & Graphics for an exception from Development Code Section 25-506(a), wall signs, at 2136 William Street, subject to the condition listed in the staff report. The motion passed with a roll call vote of 6 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, G/enn, Koetting, Skinner, Spooler, Welch) SUBDIVISION PLATS 4. The record plat of Rhodes Mount Auburn Subdivision - Amended was reviewed by the Commission. Mr. Chris Koehler, Koehler Engineering & Land Surveying, representing the � applicant, explained that the original record plat of Rhodes Mount Auburn Subdivision was approved and recorded in December 2017. After the plat was recorded, it was determined that the access point on North Kingshighway needed to be shifted slightly to the north in City of Cape Girardeau Planning &Zoning Commission Meeting Minutes November 14, 2018 � Page 5 of 7 order to receive MoDOT approval. A staff report was submitted to the Commission, which recommended approval of the plat as submitted. A motion was made by Mr. Welch and seconded by Mr. Dowdy to recommend approval of the Rhodes Mount Auburn Subdivision - Amended record plat. The motion passed with a roll call vote of 6 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, G/enn, Koetting, Skinner, Spooler, Welch) 5. The record plat of Crowe Subdivision was reviewed by the Commission. Mr. Chris Koehler, Koehler Engineering & Land Surveying, representing the applicant, explained that the plat subdivides a tract into two (2) lots, with the new lot lines following the boundary line between the two (2) zoning districts on the property. A staff report was submitted to the Commission, which recommended approval of the plat, subject to staff comments being addressed. A motion was made by Mr. Skinner and seconded by Mr. Spooler to recommend approval of the Crowe Subdivision record plat, subject to staff comments being addressed. The motion passed with a roll call vote of 6 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, G/enn, Koetting, Skinner, Spooler, Welch) 6. The record plat of Southeast Missouri Hospital Nursing was reviewed by the Commission. Chairman Glenn recused himself from the discussion and vote for financial reasons. Mr. Chris Koehler, Koehler Engineering & Land Surveying, representing the applicant, explained that the plat resubdivides several tracts to create two (2) new lots. He further explained that the property owner is enclosing a former drive-thru canopy, which is partially in the front yard setback along Sheridan Drive. The plat creates a long, narrow lot along Sheridan Drive to � separate the canopy from the Sheridan Drive right-of-way, thus changing the setback to a side yard setback. A staff report was submitted to the Commission, which recommended approval of the plat as submitted. A motion was made by Mr. Koetting and seconded by Mr. Dowdy to recommend approval of the Southeast Missouri Hospital Nursing record plat. The motion passed with a roll call vote of 5 in favor, 0 in opposition, and 1 abstaining. (Aye: Dowdy, Koetting, Skinner, Spooler, Welch;Abstention: Glenn) OTHER ITEMS AND COMMUNICATION 7. Amendment to Chapter 25 (Development Code) ReAardina Administrative Relief and Exceptions Mr. Shrimplin reviewed an amendment to Section 25-113 of the Development Code (Chapter 25 of the City Code) which adds Section 25-401(h) to the list of sections qualifying for administrative relief. He explained that Section 25-401(h) contains restrictions on the sign face area and length of a billboard. Staff was recently contacted regarding a proposed billboard with an LED sign face exceeding the maximum area and length by a small amount. The contact explained that the sign face is comprised of multiple equally-sized panels, the dimensions of which cannot be revised due to the components that create the LED sign face. Staff conducted research on standard LED billboard sign faces and concluded that the dimensions of the proposed sign face are in line with industry standards. Staff felt it would be better to amend the code to qualify billboard sign face area and length for administrative relief than to change the maximum area and length to specific values. In addition to this change, the amendment revises various provisions for administrative relief and exceptions. � A motion was made by Mr. Koetting and seconded by Mr. Skinner to recommend approval of the amendment as proposed. The motion passed via a unanimous vote. 8. Amendment to Chapter 30 (ZoninQ Code) Reqardinq Recreational Vehicles City of Cape Girardeau Planning &Zoning Commission Meeting Minutes November 14, 2018 - Page 6 of 7 � Mr. Shrimplin reviewed an amendment to the Zoning Code (Chapter 30 of the City Code) which adds a new Section 30-414 entitled "Recreational Vehicles". He explained that Section 30-414 prohibits using a recreational vehicle as a dwelling, with two exceptions. The first exception pertains to travel trailers in mobile home parks, which may be occupied upon grant of a permit by the City Council (Section 27-41(c)). The second exception pertains to travel trailers in travel trailer camps, which may be occupied for up to twelve (12) months (Section 27-42(i)). Section 30-414 also prohibits connecting a recreational vehicle to a utility line unless the recreational vehicle is used as a dwelling in accordance with Sections 27-41(c) or 27-42(i). The amendment also adds a definition of "recreational vehicle" to Section 30-105 (Definitions). A motion was made by Mr. Koetting and seconded by Mr. Spooler to recommend approval of the amendment as proposed. The motion passed via a unanimous vote. 9. Commission Aqpointment Recommendations Mr. Shrimplin explained that on the day of the previous Commission meeting, finro (2) additional advisory board applications were submitted to the City Clerk's Office, but they were not forwarded to Planning staff until the next morning. The Commission reviewed the additional applications and decided to keep its recommendation to re-appoint Mr. Koetting and to appoint Ed Thompson and Kenneth Schmitz to the Commission. Board Communication Chairman Glenn welcomed several Southeast Missouri State University students who were in `�`"� attendance to observe the meeting as part of a political science class. Staff Communication Mr. Shrimplin gave the following updates: • Update on items from previous Commission meeting going on to City Council - Rezoning of property at southwest corner of Hopper Road and Old Hopper Road — public hearing and first reading were rescheduled for November 19, 2018 due to President Trump's visit to Cape Girardeau on November 5, 2018 - The Highlands at Hopper Crossing — Phase 1 record plat—being held from Council review pending completion of (or execution of a performance guarantee for) public improvements - Lilmac East Second Subdivision record plat —first reading approved on November 7, 2018 • Update on Transportation Trust Fund (TTF) Projects - Main Street from Roberts Street to East Cape Rock Drive — Engineering firm selected; starting design soon - Sprigg Street from William Street to Broadway— Engineering firm selected; starting design soon � Adiournment City of Cape Girardeau Planning &Zoning Commission Meeting Minutes November 14, 2018 � Page 7 of 7 Upon motion made by Mr. Koetting and seconded by Mr. Spooler, the Commission voted unanimously to adjourn the meeting at 7:25 p.m. Respectfully submitted, �����, Jeff Glenn Chairman � �