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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 09-13-2017 CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION � PLANNING & ZONING COMMISSION MEETING MINUTES September 13, 2017 City Hall — Council Chambers Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, Kevin Greaser, Patrick Koetting, Scott McClanahan, Bruce Skinner, Doug Spooler, Thomas J. Welch Absent: None Staff Present: Carol Peters, Ryan Shrimplin Call to Order Chairman Bertrand called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the August 9, 2017 meeting were unanimously approved upon motion made by Mr. Glenn and seconded by Mr. Koetting. � REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Bradley Schlosser to rezone property at 1927 North Kingshighway from the RMH (Residential Manufactured Home) district to the RUMD (Residential Urban Mixed Density) district. Mr. Schlosser explained that he had originally requested to rezone the property to the R-4 (Medium Density Multifamily Residential) district but he recently changed his request to the RUMD district. A staff report was submitted to the Commission, which recommended approval of the rezoning request. Chairman Bertrand recused himself from discussion and voting on the request for business reasons, but explained that he will preside over the meeting in a procedural capacity. Mr. Dowdy also recused himself from discussion and voting on the request for business reasons. Chairman Bertrand opened the public hearing. Mr. Don Beckham, 1820 Silverthorne Trail, spoke in opposition to the request. He expressed his disappointment with the lack of information and communication from Mr. Schlosser in addressing the concerns of the neighboring property owners. He stated a group of neighbors met with Mr. Schlosser on August 22, 2017, at which time he presented them with a site layout for "Star Vue Senior Apartments", a four (4) phase development project. Mr. Beckham explained that during the meeting, Mr. Schlosser indicated he would be willing to work with the neighbors in preparing a deed restriction for the property which would limit the height of the buildings and offer a wider setback from the property line than what is required by the City Code. To date, Mr. Schlosser has not followed through with preparing the deed restriction. Mr. Schlosser replied by stating he attempted to call Mr. Scott Blank, whom he understood to be the neighbors' representative, but was unable to reach him. Mr. Scott Blank, 1878 Silverthorne �""� Trail, expressed his agreement with Mr. Beckham's comments. He continued by stating the neighbors were not aware that Mr. Schlosser had changed his request from R-4 to RUMD. Mr. Shrimplin stated that he had sent an email to Mr. Blank regarding the amended request City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 13, 2017 Page 2 of 8 � several days ago and had not received a response. He then explained that the City Code only requires notice in the form of a newspaper ad, which must be published at least fifteen (15) days in advance of the City Council's public hearing. Planning staff, as a matter of practice, provide additional notice by mailing letters to the adjacent property owners and posting a sign on the property. Mr. Shrimplin then explained the differences between the R- 4 and RUMD regulations. He stated that Mr. Schlosser could, as an alternative, request rezoning the property to PD (Planned Development), which allows the developer to propose the specific zoning regulations but requires the submission of a detailed development plan. Mr. Glenn stated a PD district could address the neighbors' concerns because it could specify a lower maximum height, deeper setbacks, etc. than what is possible with the standard zoning districts. Mr. Dan Driskell, 1810 Silverthorne Trail, also expressed disappointment that Mr. Schlosser had not made progress on the deed restriction. Mr. Phil Cantoni, 1840 Silverthorne Trail, asked what the process would be in order to get a deed restriction or a PD district established. Mr. Shrimplin stated the City would not be involved in the preparation of a deed restriction since that is a private matter. Mr. Glenn asked Mr. Schlosser if he would be interested in rezoning to the PD district. Mr. Schlosser stated he is not interested in a PD rezoning due to the time and expense involved in preparing a development plan. Seeing no other appearances to speak, Chairman Bertrand closed the public hearing. Mr. Shrimplin reminded the Commission that the rezoning request was tabled at the last meeting. A motion was made by Mr. Spooler and seconded by Mr. Koetting to remove the rezoning request from the table. The motion passed unanimously. Mr. Greaser stated the � Commission has the challenge of balancing the interests of the developer with those of the neighbors who could be affected by the rezoning. He asked if future owners of the property would be bound by the deed restriction. Mr. Shrimplin replied that future owners would be bound by the deed restriction as long as it is recorded and contains language stating that it runs with the land. Mr. McClanahan stated he felt the RUMD district would be preferred if the applicant and the neighbors could work out an agreement. A motion was made by Mr. Spooler and seconded by Mr. Greaser to table the request of Bradley Schlosser to rezone property at 1927 North Kingshighway from the RMH (Residential Manufactured Home) district to the RUMD (Residential Urban Mixed Density) district. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 2 abstaining. (Aye: G/enn, Greaser, Koetting, McC/anahan, Skinner, Spooler, Welch;Abstain: Bertrand, Dowdy) 2. A public hearing was held on the request of the City of Cape Girardeau to rezone property at 142 South Lorimier Street from the R-4 (Medium Density Multifamily Residentiat) district to the CBD (Central Business) district. Mr. Shrimplin explained that the property contains a historic apartment building known as the Lorimier Apartments. The current R-4 zoning district is incompatible with the property because the number of dwelling units exceeds the maximum density in the R-4 district and because off-street parking is required but cannot be provided on the property due to the fact that the buifding footprint occupies most of the lot area. A staff report was submitted to the Commission, which recommended approval of the rezoning request. Chairman Bertrand opened the public hearing. Ms. Robyn Walker, 133 South Lorimier Street, expressed her concern about the number of on-street parking spaces that will be used by the future tenants of the apartment building that is currently being renovated. She � stated the lack of off-street parking for the tenants will affect her ability to park in front of her City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 13, 2017 � Page 3 of 8 property. Chairman Bertrand explained that the rezoning does not affect where the tenants will park because the apartment building has existed for many years without off-street parking. Once the building is reoccupied, the tenants will park on the street just as past tenants did. Ms. Cheryl Garrett, 134 South Lorimier Street, also expressed concerns about future tenants of the apartment building parking on the street. She stated she heard rumors that the building is being renovated for business offices, which would generate additional parking demand. Mr. Shrimplin stated the property owner has obtained a building permit for renovating the building for use as apartments only. The approved plans were prepared in compliance with the building code requirements applicable to multi-family residential occupancy and not business occupancy. As such, the property owner cannot use the property for business offices without first obtaining a building permit based on plans designed to meet the code requirements for business occupancy. Mr. Sam Blackwell, 143 South Lorimier Street, stated he is thrilled that the building is being renovated, but questioned why a building permit was approved if the property was non-conforming. Mr. McClanahan stated there are numerous nonconforming uses and structures throughout the city. Mr. Shrimplin explained that the property owner cannot be barred from re-occupying the apartment building on the basis that the property has never had off-street parking. Ms. Walker asked for the justification for rezoning to CBD. Mr. Shrimplin explained that Indian Park, located across Lorimier Street, is zoned CBD, as is the former Cape Girardeau County Juvenile Detention Center property behind it. Rezoning the Lorimier Apartments property to CBD would be compatible with the zoning of those properties. Ms. Lavonne Jones, 134 South Lorimier Street, also expressed her concern with on-street parking for tenants of the � apartment building. Mr. Glenn stated the tenants will park on the street whether the rezoning is approved or not. Seeing no other appearances to speak, Chairman Bertrand closed the public hearing. Mr. Shrimplin explained that the City initiated the rezoning in order to bring the property into compliance with the City Code requirements. He further explained that it is common practice for banks to require confirmation of compliance with local codes in order to finance a loan for real property. When the City receives such requests, staff is obligated to identify any non-compliant aspects of the property. This sometimes results in the bank declining to issue the loan. Rezoning the property now would prevent this from happening to the property owner or a buyer in the future. Mr. Glenn stated he supports the City's efforts in being proactive to eliminate issues with uses and structures not complying with the City Code, but given the opposition to the rezoning, he felt it would be better to consider such a request at a later date if it is made by the property owner. A motion was made by Mr. Spooler and seconded by Mr. Skinner to recommend approval of the request of the City of Cape Girardeau to rezone property at 142 South Lorimier Street from the R-4 (Medium Density Multifamily Residential) district to the CBD (Central Business) district. The motion failed with a roll call vote of 0 in favor, 9 in opposition, and 0 abstaining. (Nay: Bertrand, Dowdy, G/enn, Greaser, Koetting, McC/anahan, Skinner, Spoo/er, Welch) 3. A public hearing was held on the request of EED Development, LLC to rezone property along Cardrona Drive from the R-2 (Single-Family Urban Residential) district to the R-1 (Single-Family Suburban Residential) district. Mr. Shrimplin explained that the applicant is the developer of The Lochs at Dalhousie subdivision and that a record plat for the next � phase of the subdivision (Phase � was recently submitted and reviewed by the Commission. Most of the property in Phase V is zoned R-1 but a small portion of it is zoned R-2. The applicant is requesting the rezoning to R-1 in order to eliminate the split zoning. A City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 13, 2017 Page 4 of 8 j� staff report was submitted to the Commission, which recommended approval of the rezoning request. Chairman Bertrand 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. Greaser to recommend approval of the request of EED Development, LLC to rezone property along Cardrona Drive from the R-2 (Single-Family Urban Residential) district to the R-1 (Single-Family Suburban Residential) district. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, G/enn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) 4. A public hearing was held on the request of Johnny Gaines to rezone property at 921 Independence Street, 3 South Pacific Street, and 8 South Benton Street from the C-1 (General Commercial) district to the M-1 (Light Manufacturing/Industrial) district. Mr. Spooler recused himself from discussion and voting on the request for business reasons. Mr. Gaines explained that he purchased the property in 2007 and used it for the sale of vehicles until 2014. He recently executed a lease agreement with someone who wants to resume this same use. After the lease agreement was executed, he learned that the sale of vehicles is no longer allowed under the current C-1 zoning of the property, and that the use cannot be resumed under the Nonconforming Uses section of the Zoning Code because the nonconforming status had expired. A staff report was submitted to the Commission, which recommended approval of the rezoning request. Chairman Bertrand opened the public hearing. Mr. Mark Ruark, representing Trinity �""''� Lutheran Church and Trinity Lutheran School, spoke in opposition to the request. He explained that Trinity Lutheran Church owns property on the north side of Independence Street directly across from the property to be rezoned. The church and school are concerned about the potential uses that would be allowed if the property were to be rezoned to M-1, and the impact the uses could have on the neighborhood. Seeing no other appearances to speak, Chairman Bertrand closed the public hearing. Mr. Gaines stated that due to the small size of his lot (921 Independence Street), he cannot reasonably use it for anything other than vehicle sales. The City staff would not support rezoning just his lot, so he got the owners of the lots at 3 South Pacific Street and 8 South Benton Street to join him in requesting the rezoning. Mr. Shrimplin explained that staff could not support rezoning just Mr. Gaines' lot to M-1 because it would clearly be spot zoning; by bringing in the other two lots, the rezoned area would be much larger and occupy an entire block width along Independence Street. He also explained that the other district that allows vehicle sales, the C-2 (Highway Commerical) district, could not be supported by staff because the C-2 section of the Zoning Code states it is intended for properties along major thoroughfares and within high-traffic corridors (such as Kingshighway, William Street and Independence Street west of Sheridan Drive, Siemers Drive, etc.). The M-1 district does not have this intent, and the nearest M-1 zoned property is closer to the subject property than the nearest C-2 property. A motion was made by Mr. Greaser and seconded by Mr. Glenn to table the request. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 1 abstaining. (Aye: � Bertrand, Dowdy, G/enn, Greaser, Koetting, McC/anahan, Skinner, Welch;Abstain: Spoo/er) Mr. Koetting left the meeting at this time. The Commission then discussed how to allow Mr. City of Cape Girardeau Planning &Zoning Commission Meeting Minutes � September 13, 2017 Page 5 of 8 Gaines to use his lot for vehicle sales while being mindful of the concerns raised by Mr. Ruark. Several Commission members indicated that they understand the staff's reasoning behind not supporting the C-2 district, but given the past use of the property as a vehicle sales lot and the opposition from an adjacent property owner, the best course of action would be to recommend rezoning just 921 Independence Street to C-2. A motion was made by Mr. Glenn and seconded by Mr. McClanahan to remove the rezoning request from the table. The motion passed unanimously. A motion was then made by Mr. Glenn and seconded by Mr. Skinner to recommend rezoning the lot at 921 Independence Street to the C-2 (Highway Commercial) district and not rezone the other two lots. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 1 abstaining. (Aye: Bertrand, Dowdy, G/enn, Greaser, McC/anahan, Skinner, We/ch;Abstain: Spoo/er) 5. A public hearing was held on the request of Lester Chapman, Jr. to rezone property at 1237 North Water Street from the R-2 (Single-Family Urban Residential) district to the M-1 (Light Manufacturing/Industrial) district. Mr. Dowdy recused himself from discussion and voting on the request for business reasons. Mr. Chapman explained to the Commission that the property is currently occupied by his auto repair business (Rivers Edge Automotive) and he would like to convert a portion of the building to a bait, tackle and grocery store. He added that he would like to eventually expand the store to occupy the entire building and close the auto repair business. A staff report was submitted to the Commission, which recommended approval of the rezoning request. � Chairman Bertrand opened the public hearing and seeing no appearances to speak, he closed the public hearing. Mr. Shrimplin informed the Commission that members of Red Star Neighborhood Revival, which represents the surrounding neighborhood, did not express any concerns with the request when he discussed the rezoning with them. A motion was made by Mr. Greaser and seconded by Mr. Spooler to recommend approval of the request of Lester Chapman, Jr. to rezone property at 1237 North Water Street from the R-2 (Single-Family Urban Residential) district to the M-1 (Light Manufacturing/Industrial) district. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 1 abstaining. (Aye: Bertrand, Glenn, Greaser, McC/anahan, Skinner, Spoo/er, We/ch; Abstain: Dowdy) 6. A public hearing was held on the request of Midwest Light & Sign for an exception from Development Code Section 25-506(a), wall signs, at 247 Siemers Drive. Mr. Jason Buxton, Midwest Light & Sign, explained that the property, which contains a movie theater, has come under new ownership. The new owner is renovating the theater and making several upgrades, including replacing signage. As with the existing wall signage on the front of the building, the new wall signage is on a side of the building that does not have street frontage. Because the sign area is being increased, it cannot be approved under the code's nonconforming signs provision. 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 above code section, the subject building is permitted wall signage on finro elevations that have street frontage (north and west). In order to display wall City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 13, 2017 Page 6 of 8 � signs on the east elevation, the applicant is proposing to transfer a portion of the permitted wall sign area from the north and west e�evations. 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. 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 Bertrand 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 Midwest Light & Sign for an exception from Development Code Section 25-506(a), wall signs, at 247 Siemers Drive with the staff recommended condition. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, G/enn, Greaser, McC/anahan, Skinner, Spoo/er, Welch) � 7. A pubtic hearing was held on the request of Carter Engineering Consultants, Inc. for an exception from Development Code Section 25-1003, driveway spacing requirements, at 407 Cape West Crossings. Mr. Tom Kelsey, property broker, explained that the request is for two (2) driveways on Cape West Crossings to serve a new Zaxby's restaurant. He stated the restaurant relies heavily on drive-thru business, and it is not practical to have driveways on Bloomfield Road even though they are allowed by the code. Zaxby's would prefer to have a second driveway on Cape West Crossings instead. 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. Findinq: The subject property is a corner lot with frontage on three streets (Cape West Crossings, Bloomfield Road, and Interstate 55). Per the above section, the lot is afforded one (1) driveway on Cape West Crossings and two (2) driveways on Bloomfield Road based on their respective frontage lengths (driveways on Interstate 55 are prohibited). The proposed site plan submitted with the application shows finro (2) driveways on Cape West Crossings and no driveways on Bloomfield Road. This qualifies as a "substantial equivalent" because the applicant is foregoing two (2) driveways on one of the streets in order to have one (1) additional driveway on the other street. 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 � September 13, 2017 Page 7 of 8 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. Chairman Bertrand opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. McClanahan and seconded by Mr. Spooler to approve the request of Carter Engineering Consultants, Inc. for an exception from Development Code Section 25-1003, driveway spacing requirements, at 407 Cape West Crossings. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, G/enn, Greaser, McC/anahan, Skinner, Spoo/er, Welch) SUBDIVISION PLATS 8. The record plat of Cape West 16th Subdivision was reviewed by the Commission. Ms. Adrienne Henry, Drury Southwest, Inc., explained that the subdivision splits a large tract into three (3) separate lots. She stated Drury Southwest, Inc. is working with the City staff on developing language for the required cross access easement. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff's comments being addressed. A motion was made by Mr. Skinner and seconded by Mr. Greaser to recommend approval of the Cape West 16th Subdivision record plat, subject to �!�, staff's comments being addressed. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, G/enn, Greaser, McC/anahan, Skinner, Spoo/er, Welch) OTHER ITEMS AND COMMUNICATION Chapter 30 Amendment Reqardinq Shippinq Containers 9. Chairman Bertrand stated the City staff has revised the proposed Chapter 30 amendment regarding shipping containers to reflect the intentions of the Commission as discussed at the July 12, 2017 meeting. Mr. Shrimplin explained that the revised amendment contains a table in Section 30-402 that regulates the use of one (1) or more shipping containers on a property based on the intended use and time frame. Per the table, the use of one (1) or more shipping containers for a dwelling is prohibited in all zoning districts, regardless of time frame. For other uses, the regulations depend on whether the intended use is a principal use or an accessory use, and whether the shipping containers will be used in the short term (12 consecutive months or less) or long term (more than 12 consecutive months). As with the original amendment, the use of one (1) or more shipping containers on a property for an accessory use for a short term is permitted by right in all zoning districts (excluding a dwelling). A special use permit is required to do the same for a long term. The loophole provision (requiring a special use permit to place shipping containers for short term accessory use back on a property within 6 consecutive months of being removed from the property) was also kept, along with the exemption from the 12 consecutive month time limit for shipping containers used as an accessory use to a construction project. The various � corrections and clarifications not related to shipping containers were kept as well. The proposed definition of"shipping container" includes whole containers as well as parts of containers. A motion was made by Mr. Glenn and seconded by Mr. Skinner to recommend City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 13, 2017 - Page 8 of 8 � approval of the proposed amendment to Chapter 30 of the City Code regarding shipping containers. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, G/enn, Greaser, McC/anahan, Skinner, Spoo/er, Welch) Adiournment Upon motion made by Mr. Spooler and seconded by Mr. McClanahan, the Commission voted unanimously to adjourn the meeting at 8:55 p.m. Respectfully submi , 2— Bruce Skinner Secretary � �