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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 01-11-2017 CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION � PLANNING AND ZONING COMMISSION MEETING MINUTES January 11, 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 December 14, 2016 meeting were unanimously approved upon motion made by Mr. Greaser and seconded by Mr. Dowdy. Nicolette Brennan, Public Information Manager, gave an overview of the various channels the City uses to keep the public informed of ineetings, events, programs, projects, and services. She invited the Commissioners to contact her and share comments or suggestions on ways to � improve communication between the City and the public. Election of Officers A motion was made by Mr. Dowdy and seconded by Mr. Spooler to elect Mr. Bertrand as Chairman, Mr. Glenn as Vice-Chairman, and Mr. Skinner as Secretary. The motion passed by a unanimous vote. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. Chairman Bertrand informed the Commission that Scott Rhodes has requested the public hearing on his request to rezone property at 201, 205, 207, 209, 211, 213, and 215 South Kingshighway from the C-2 (Highway Commercial) district to a PD (Planned Development) district and for the approval of a Preliminary Development Plan be continued to the Commission's February 8, 2017 meeting. A motion was made by Mr. McClanahan and seconded by Mr. Koetting to continue the public hearing to the February 8, 2017 Planning & Zoning Commission meeting. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) 2. A public hearing was held on the request of Garen Miller, representing the Community Counseling Center, for a Special Use Permit to allow a residential treatment facility in the R-4 (Medium Density Multi-family Residential) District at 2852 Independence Street. Mr. Garen Miller, architect for the project, stated the Community Counseling Center's Cottonwood Treatment Center is currently located on Sprigg Street. Due to the condition of � the current building, the Community Counseling Center would like to move the facility to the proposed location. The plans are to use approximately 25% of the building for a 16-bed City of Cape Girardeau Planning &Zoning Commission Meeting Minutes January 11, 2017 Page 2 of 5 � adolescent residential treatment facility; the remaining 75% will be used for an out-patient adolescent development center and future expansion of the residential treatment facility. Patients of the residential treatment facility, up to seventeen (17) years of age, will be under constant supervision. Patients of the development center will be transported by bus from local schools. 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: This criterion is met. The applicant has indicated there are 51 existing parking spaces on the property. Based on the above information, the number of existing parking spaces exceeds the required minimum number of parking spaces for the development center and residential treatment facility. The property has a well-functioning circulation system, including a drive at the front for dropping off clients. The property was previously used as a nursing home, which generated higher traffic and parking demands than the proposed special use. Criterion #2: The proposed special use will not substantially increase fire hazards. Findinq: This criterion is met. The renovation will be compliant with the Fire Code. The proposed special use does not pose any significant fire risks. Criterion #3: The proposed special use will not adversely affect the character of the � neighborhood. Findinq: This criterion is met. The property is located in an area characterized by commercial and multi-family residential uses. The proposed special use is compatible with these uses. The exterior appearance of the building and site will not change, and the operation of the residential treatment facility will be similar to that of the nursing home. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Findinq: This criterion is met. Both the development center and the residential treatment facility will provide valuable services to the community and be operated in a responsible manner. Criterion #5: The proposed special use will not overtax public utilities. Findinq: This criterion is met. The property has existing utility services. The proposed special use will generate less demand for utilities than the previous use, which had far more residents. Based on the above findings, staff recommended approval of the Special Use Permit request, subject to the following conditions: � City of Cape Girardeau Planning &Zoning Commission Meeting Minutes � January 11, 2017 Page 3 of 5 1. The special use shall conform to all applicable requirements of the Zoning and Development Codes. 2. Major modifications to the 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 Bertrand opened the public hearing. Mark and Joy Auer, 8 South Pindwood Lane, asked if residents of the facility have criminal records, and what qualifies an adolescent for the facility. Mr. Larry Ream, Community Counseling Center, responded by stating most of the youth come from other centers, foster homes, or homes in which the parents can no longer cope with them. He further stated the facility will have a security system so all doors and rooms will be visible by staff members at all times. Mrs. Auer asked what notification actions were taken to inform the surrounding property owners and residents of the public hearing. Mr. Shrimplin explained that the City Code only requires a notice of the City Council's public hearing to be published in a local newspaper at least 15 days prior to the hearing date. As a standard practice, City staff have provided other means of notification that are not required, such as mailing a notice to each adjacent property owner and posting a sign on the property. Seeing no other appearances to speak, � Chairman Bertrand closed the public hearing. Mr. Skinner stated he has no concerns with the proposed use, as he has worked near the current Cottonwood Treatment Center for nearly 20 years and had no issues with its residents. Chairman Bertrand stated he used to live next to the current facility and also had no issues. A motion was made by Mr. Skinner and seconded by Mr. Koetting to recommend approval of the request of the Community Counseling Center for a Special Use Permit to allow a residential treatment facility in the R-4 (Medium Density Multi-family Residential) district at 2852 Independence Street, subject to the conditions listed in the staff report. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) 3. A public hearing was held on the request of Scott Blank for an exception from Development Code Section 25-910(a), sidewalks, in the Silverthorne Subdivision. Mr. Scott Blank, 1878 Silverthorne Trail, represented the subdivision residents. Mr. Blank explained to the Commission that he has lived in the subdivision for approximately two (2) years, but the subdivision has been in existence since 2003. In October, 2016, he and other residents of the subdivision received a letter from Anna Kangas, Building and Code Enforcement Manager, informing each of them that they were required to install a sidewalk across the front of their lot at the time their home was built. This requirement, however, was not stated on the building permits when they were issued, and the City did not inform them of the issue until now. Mr. Blank then pointed out that Section 25-910(a) indicates the City Manager may waive the sidewalk requirement if there are no existing sidewalks within five hundred (500) feet of the street or property, or if there are existing topographical constraints on the street or property which would make installing sidewalks not feasible. He stated there are � no sidewalks within 500 feet of the subdivision, and some of the lots in the subdivision are unbuildable due to steep slopes. In addition, there are utility lines in the area where the City of Cape Girardeau Planning &Zoning Commission Meeting Minutes January 11, 2017 Page 4 of 5 � sidewalks are required. 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 equivalenY' means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Findinq: Neither the applicant nor staff were able to identify a "substantial equivalenY'. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findinq: Without a "substantial equivalent", approval of the exception request would be inconsistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended denial of the exception request. Chairman Bertrand opened the public hearing. He asked if any residents of the subdivision want the sidewalks. Mr. Blank stated he was not aware of any, but he noted there is one property in the subdivision with an existing sidewalk. Mr. John Humphrey, 1938 Silverthorne Trail, explained that the one sidewalk that was installed does not meet the City's standards for residential sidewalks. Mrs. Joan Roth, 1833 Silverthorne Trail, stated all of the lots in the subdivision have been sold. Some of the lots were purchased by adjoining property owners � because the lots were unbuildable. She continued by stating if sidewalks are required when the lots are developed, then the sidewalks will never connect in some locations because those lots will never be developed. Seeing no other appearances to speak, Chairman Bertrand closed the public hearing. Mr. Shrimplin stated staff recommended denial of the request because the application submitted for the sidewalk exception did not identify a substantial equivalent. He added that if the request were to be denied by the Commission, the residents could still ask the City Manager to waive the requirement for the reasons stated by Mr. Blank. Chairman Bertrand explained that although he understood the basis for denial, he felt this was a unique situation due to the lack of existing sidewalks in the subdivision and the number of unbuildable lots which would prevent a complete sidewalk system from ever being established. Mr. Skinner inquired if residents in other subdivisions were receiving similar letters from Mrs. Kangas. Mr. Shrimplin stated he was not aware of any letters being sent to residents in other subdivisions. A motion was made by Mr. Glenn and seconded by Mr. McClanahan to approve the exception request to forego sidewalks in Silverthorne Subdivision. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spoo/er, Welch) SUBDIVISION PLATS 4. The record plat of Humphrey 2"d Subdivision, located at the southeast corner of Boulder Crest Drive and Silverthorne Trail, was reviewed by the Commission. Mr. Greaser recused ` ,� himself from the discussion and vote for business reasons. Mr. John Humphrey, applicant, �.�✓ City of Cape Girardeau Planning &Zoning Commission Meeting Minutes January 11, 2017 � Page 5 of 5 informed the Commission that the property was originally two lots which were combined into one lot in 2014. The lots were combined to meet zoning requirements for an accessory structure that was planned at the time. The structure has since been removed, so he would like to re-subdivide the lot back into two lots. The staff report recommended approval. A motion was made by Mr. Dowdy and seconded by Mr. Koetting to recommend approval of the Humphrey 2"d Subdivision record plat. The motion passed with a vote of 8 in favor, 0 in opposition, and 1 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spooler, Welch;Abstain: Greaser) OTHER ITEMS AND COMMUNICATION Proposed Amendment to Development Code, Article VI – Fences A proposed amendment to Article VI of the Development Code (Chapter 25 of the City Code) was reviewed by the Commission. Mr. Shrimplin explained that the amendment modifies the existing fence regulations and provides additional requirements. He reviewed the proposed changes with the Commission. Due to the number of changes, the Commission decided to continue its review at the February 8, 2017 Planning & Zoning Commission meeting. Staff Communication Mr. Shrimplin informed the Commission that staff will be issuing a Request for Qualifications for � updating the City's Comprehensive Plan. Adiournment Upon motion made by Mr. Koetting and seconded by Mr. Skinner, the Commission voted unanimously to adjourn the meeting at 8:00 p.m. Respectfully submitte , �— ruce Skinner Secretary �