Loading...
HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 04-12-2017 CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION � PLANNING AND ZONING COMMISSION MEETING MINUTES April 12, 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. The minutes of the March 8, 2017 meeting were unanimously approved upon motion made by Mr. Koetting and seconded by Mr. Spooler. REZONINGS. SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of MACO Properties, LLC to rezone property at � 550 North Silver Springs Road and an adjacent vacant lot to the east from the C-2 (Highway Commercial) district to the R-4 (Medium Density Multifamily Residential) district. Mr. Jason Maddox, representing MACO Properties LLC, explained that at the time MACO purchased the property, senior housing was a permitted use in the C-2 district. The City later amended the C-2 district regulations, which removed senior housing from being allowed in the district. The first phase of MACO's senior housing development, Silver Springs Apartments, was completed or in process at the time of the code amendment. It is now a nonconforming use. MACO cannot move forward the second phase of the development unless the property is rezoned. 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. Welch to recommend approval of the request of MACO Properties, LLC to rezone property at 550 North Silver Springs Road and an adjacent vacant lot to the east from the C- 2 (Highway Commercial) district to the R-4 (Medium Density Multifamily 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, McC/anahan, Skinner, Spooler, Welch) 2. A public hearing was held on the request of LL Investment, LLC for a Special Use Permit to allow a vehicle fueling station in the NC (Neighborhood Commercial) district at 1320 West Cape Rock Drive. Mrs. Pam Davidson, Keystone Design, represented the applicant. Mrs. Davidson explained that in 2014, the property was rezoned to NC (Neighborhood Commercial) and a Special Use Permit was approved for the operation of a vehicle fueling station. The property owners have decided it is time to upgrade the facility and since the property is being completely redeveloped, a new Special Use Permit is required. A staff report was submitted to the Commission, which addressed the following variances and � exceptions included as part of the Special Use Permit request: Variance for percent open space per Section 30-331(g) (minimum of 20% required; 19% proposed). Staff supports this variance because there is no room on the site to provide City of Cape Girardeau Planning &Zoning Commission Meeting Minutes April 12, 2017 Page 2 of 5 � additional open space (landscaping and other pervious surFaces) without adversely affecting traffic circulation, which constitutes a unique condition and an unnecessary hardship. Exception for percent parking Iot interior landscaping per Section 25-804(b) (minimum of 15% required; none proposed). Staff supports this exception because a significant amount of landscaped area is shown along the perimeter of the site, especially along the street frontages, which constitutes a substantial equivalent. Exception for bufferyard along the north and west property lines adjacent to a residential use per Section 25-805 (minimum of 20 foot wide bufferyard with plantings required; 6 foot high decorative vinyl privacy fence proposed). Staff supports this exception because the fence constitutes a substantial equivalent and will provide more effective screening for the drive-thru traffic. Exception for fence height and surface in the front yard of a commercial property per Section 25-604 (maximum height of 4 feet and minimum of 50% open surface required; 6 foot high decorative vinyl privacy fence proposed). Staff supports this exception because it is related to the exception noted above (provides screening along the residential properties in lieu of a bufferyard) and constitutes a substantial equivalent. The staff report also contained the following findings of fact: � Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Findinq: This criterion is met. The proposed site plan provides sufficient access and circulation which will not adversely affect traffic. It should be noted, however, that the site plan does not show the circulation path for the fuel delivery truck. Staff is recommending a condition of approval that requires the path for the fuel truck to be shown on the site plan to verify the truck will not create a traffic hazard. If it is determined the truck will create a traffic hazard, the site plan will have to be revised to eliminate the hazard. Criterion #2: The proposed special use will not substantially increase fire hazards. Findina: This criterion is met. The proposed special use will be developed in compliance with the City's building and fire codes, and will operate in compliance with local, state, and federal laws governing vehicle fueling stations. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Findinq: This criterion is met. The proposed development will be a significant improvement over the prior development in terms of architecture, landscaping, and screening. Criterion #4: The proposed special use will not adversely affect the general welfare of the � community. City of Cape Girardeau Planning &Zoning Commission Meeting Minutes April 12, 2017 � Page 3 of 5 Findinq: This criterion is met. As stated above, the proposed development will result in an improvement. Furthermore, the proposed number of pump islands (four) will increase capacity and provide more efficient service for customers. Criterion #5: The proposed special use will not overtax public utilities. Findinq: This criterion is met. All utilities are existing due to the prior development. The utility demands of the proposed special use will be similar to those of the previous use. Based on the above findings, staff recommended approval of the Special Use Permit request, subject to the following conditions: 1. The special use shall conform to all applicable requirements of the Zoning and Development Codes. 2. Major modifications to the special use, including but not limited to the site plan, 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. Prior to issuance of the building permit, the site plan shall be revised to show the following information: building setbacks, drive-thru window, drive-thru stacking, circulation path for fuel delivery truck, and the compact parking space labeled. In addition, the following items shall be corrected: legend, parking space numbering, and minimum lot requirements table. 6. Truck deliveries from the street shall be prohibited. 7. The dumpster screening shall consist of decorative masonry, wood, vinyl, and/or other materials as approved by the City staff. Smooth face concrete block shall be prohibited. 8. Signage is not approved as part of this permit. A sign permit application shall be submitted separately for the proposed signs. Chairman Bertrand opened the public hearing and seeing no appearances to speak, he closed the public hearing. Mr. Greaser and Mr. Dowdy recused themselves from the discussion and vote on the Special Use Permit request for business reasons. Chairman Bertrand confirmed with Mrs. Davidson that the applicant was aware of the conditions in the staff report and had no objections to them. A motion was made by Mr. Glenn and seconded by Mr. Koetting to recommend approval of the request of LL Investment, LLC for a Special Use Permit to allow a vehicle fueling station in the NC (Neighborhood Commercial) district at 1320 West Cape Rock Drive, subject to the conditions listed in the staff report. The motion � passed with a vote of 7 in favor, 0 in opposition, and 2 abstaining. (Aye: Bertrand, G/enn, Koetting, McC/anahan, Skinner, Spoo/er, Welch;Abstain: Dowdy, Greaser) City of Cape Girardeau Planning &Zoning Commission Meeting Minutes April 12, 2017 Page 4 of 5 � 3. A public hearing was held on the request of Carl Ritter for an exception from Development Code Section 25-604, fence location, type and height, at 1558 Sloan Creek Lane. Mr. Carl Ritter, applicant, explained that his home faces Sloan Creek Lane, however, the property also has frontage along Lexington Avenue. He stated he would like to install a five (5) foot high decorative metal fence behind his home along the Lexington Avenue property line. 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 property has frontage on both Sloan Creek Lane and Lexington Ave. The Zoning Code defines a front yard as a yard between the street line and the principal building. The applicant wishes to install a 5 foot high decorative metal fence in the yard along Lexington Avenue. Although the Zoning Code considers this a front yard, it functions as a rear yard because the front of the house faces Sloan Creek Lane, which is where the driveway is located. The purpose of the height and surface regulations in the Development Code is to prevent tall, solid fences along streets in residential areas for aesthetic and safety purposes. The proposed fence, however, will not adversely affect aesthetics or safety. In fact, an argument could be made that the fence will increase both. Due to its decorative design and predominantly open surface, the fence will enhance the character of Lexington Avenue. The applicant has indicated that his yard attracts deer, so the fence will � serve as a deterrent and could reduce the number of deer crossing Lexington Avenue. Thus, the design of the fence 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 the exception request. Chairman Bertrand opened the public hearing. Mrs. Mindy Gammon, 1506 Sloan Creek Lane, asked what type of fence would be installed. Mr. Ritter explained that it would be a five (5) foot high decorative metal fence with at least 50% of the surface being open. Seeing no other appearances to speak, Chairman Bertrand closed the public hearing. Mr. Shrimplin noted that per the Zoning Code, through lots don't have a rear yard, which puts them at a disadvantage compared to other types of lots. Staff will most likely propose an amendment in the future that establishes parity. A motion was made by Mr. Dowdy and seconded by Mr. McClanahan to approve the request of Carl Ritter for an exception from Development Code Section 25-604 to allow a five (5) foot high decorative metal fence in the front yard along Lexington Avenue at 1558 Sloan Creek Lane. 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, McC/anahan, Skinner, Spooler, Welch) � City of Cape Girardeau Planning &Zoning Commission Meeting Minutes � April 12, 2017 Page 5 of 5 SUBDIVISION PLATS 4. The record plat of A Minor Subdivision of Lot B of Cape West Crossings — Phase II — Amended was reviewed by the Commission. Mr. Chris Koehler, Koehler Engineering & Land Surveying, represented the applicant. Mr. Koehler stated the property, addressed as 3227 Bloomfield Road, is being subdivided into two (2) lots. There are plans for a restaurant to be constructed on Lot 1 of the subdivision. He indicated that most of the staff review comments have been addressed; however, there are a few legal matters that Nancy Browne, attorney for the applicant, is working on. The staff report recommended approval, subject to staff's comments being addressed. A motion was made by Mr. Koetting and seconded by Mr. Spooler to recommend approval of the record plat of A Minor Subdivision of Lot B of Cape West Crossings — Phase II —Amended, subject to staff's comments being addressed. 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, McC/anahan, Skinner, Spooler, Welch) OTHER ITEMS AND COMMUNICATION Staff Communication Mr. Shrimplin informed the Commission that Teska Associates and Orion Planning & Design have been selected as the consultant team for the City's comprehensive plan update. Teska, � the prime consultant, is in the process of preparing a proposal for the City's review. Once finalized, it will be taken to the City Council for approval, after which the planning process will begin. Mr. Shrimplin also stated that work will begin soon on the regional bicycle and pedestrian plan for the Southeast Metropolitan Planning Organization (SEMPO). An oversight team is being formed to help develop the goals and guide the process. Adiournment Upon motion made by Mr. Koetting and seconded by Mr. Spooler, the Commission voted unanimously to adjourn the meeting at 7:20 p.m. Respectfully submitted, , � — Trae Bertrand Chaixman �