HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 12-14-2016 CITY Of CAPE GIRARDEAU
PLANNING & ZONING COMMISSION
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PLANNING AND ZONING COMMISSION
MEETING MINUTES
December 14, 2016
City Hall — Council Chambers
Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, Kevin Greaser, Scott McClanahan,
Bruce Skinner, Thomas J. Welch
Absent: Patrick Koetting, Doug Spooler
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 November 9, 2016 meeting were unanimously approved upon motion made
by Mr. Greaser and seconded by Mr. Glenn.
REZONINGS, SPECIAL USE PERMITS. AND EXCEPTIONS
1. A public hearing was held on the request of Community Counseling Center for an exception
� from Development Code Section 25-604, fence location, type and height, and Section 25-
805, bufferyards, at 6 South Hanover Street. Mr. Garen Miller, representing the applicant,
explained that he is the architect for a redevelopment project involving the construction of a
new residential treatment facility on the property. In order to comply with the City's
stormwater management regulations, part of the detention system will be located in the
bufferyard. He stated the required plantings in the bufferyard would conflict with the
detention system. In lieu of providing the required plantings, the applicant wishes to install
an eight (8) foot high privacy fence in the bufferyard along the south 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 equivalenY' is proposed.
"Substantial equivalent" means an alternate design, method or feature that accomplishes
the same purpose as the applicable Development Code requirement.
Findinq: The applicant is proposing an eight (8) foot high vinyl privacy fence in the
bufferyard along the south property line adjacent to a residential property. This qualifies
as a "substantial equivalent" because the code does not require a fence for Type B
bufferyards. The fence will serve as a visual and noise barrier to screen the facility from
the adjacent residential property.
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 will ensure fairness
� among property owners and tenants, making approval of the exception request
- consistent with the general spirit and intent of the Development Code. The site plan
submitted with the application shows a portion of the proposed fence in the front yard
City of Cape Girardeau
Planning &Zoning Commission
Meeting Minutes
December 14, 2016 �
Page 2 of 4 �
between the proposed building and the Hanover Street right-of-way line. The
Development Code restricts fence height in the front yard to three (3) feet for commercial
uses. While staff supports allowing the fence in lieu of the bufferyard plantings, staff
believes that eight (8) feet is an excessive fence height for the portion in the front yard
due to the fact that it is a privacy fence adjacent to a residential use. The maximum
fence height staff supports in the front yard is six (6) feet.
Based on the above findings, staff recommended approval of the exception request, subject
to the following conditions:
1. The final design of the fence shall be subject to staff approval.
2. The fence shall not exceed a height of six (6) feet in the front yard.
Mr. Miller noted there is a property down the street with a six (6) foot high fence in the front
yard. He stated the new facility will be well lit and that an eight (8) foot high fence would be
more effective in screening the light from the adjacent property to the south. Mr. Shrimplin
responded by stating the staff believes a six (6) foot high fence would be a sufficient screen
and would be consistent with the fence down the street. Chairman Bertrand opened the
public hearing and seeing no appearances to speak, he closed the public hearing. A motion
was made by Mr. Glenn and seconded by Mr. Dowdy to approve the exception request for 6
South Hanover Street, subject to the conditions in the staff report. The motion passed with
a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, �
Greaser, McClanahan, Skinner, Welch)
2. Chairman Bertrand opened a public hearing on the request of Scott Rhodes 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. Mr. Shrimplin stated the applicant has requested the
Commission continue the public hearing to its January 11, 2017 meeting due to the
Preliminary Development Plan not being ready for review. A motion was made by Mr. Glenn
and seconded by Mr. Greaser to continue the public hearing to the January 11, 2017
Planning & Zoning Commission meeting. The motion passed with a vote of 7 in favor, 0 in
opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, McClanahan, Skinner,
Welch)
SUBDIVISION PLATS
3. The preliminary plat of Community of Hope, located north of Clark Avenue/Lombardo Drive,
was reviewed by the Commission. At its September 14, 2016 meeting, the Commission
recommended approval of a previous version of the plat (Habitat Community of Hope). Mr.
Chris Koehler, Koehler Engineering and Land Surveying, represented the applicant, Habitat
for Humanity, and explained that in response to concerns raised by the surrounding
neighborhood, the plat was revised and resubmitted to the Commission. The revisions
included adding sharp bends to Clark Avenue and shifting most of the street to the west;
reducing the number of cul-de-sac's from six (6) to three (3); adding a 75 foot wide buffer �
strip along the east subdivision boundary for additional green space; and adding a
stormwater detention basin to the southeast corner of the subdivision. The revised plat did
City of Cape Girardeau
Planning &Zoning Commission
Meeting Minutes
� December 14, 2016
Page 3 of 4
not show any variances or exceptions. Chairman Bertrand informed the large number of
residents in attendance that the Planning and Zoning Commission has no basis for
recommending denial of the plat since it complies with all of the applicable requirements.
He continued by stating he would allow a few residents to speak regarding the plat. Ms.
Dee Permann, 1846 Recardo Drive, stated the neighborhood already has problems with
stormwater runoff from the property, and the new development would create a flooding
situation. Mr. Koehler explained the property is not in the floodplain, and the development
will be designed to manage stormwater runoff as required by the City. Mr. Joe Schlosser,
1412 Howell Street, expressed concern that the surrounding property owners would have to
purchase flood insurance to protect them. Mr. Greaser clarified that flood insurance is only
required, and available, for properties located in a federally designated floodplain. Mr.
Schlosser also requested evergreen trees to be planted or a privacy fence to be installed
along the west perimeter of the development to maintain the existing homeowners' privacy.
Mr. Skinner stated the City can only regulate what the ordinances require. Approval of a
plat cannot be made subject to development conditions such as the installation of screening.
Mr. Paul Bradshaw, 2214 Lombardo Drive, stated he felt the proposed detention basins
would be dangerous for children. Mr. Rick Crump, 1843 LaWanda Drive, informed the
Commission that a small focus group was formed to work with Habitat for Humanity on
addressing the residents' concerns. As a member of the focus group, he understood that
the residents want to keep the property undeveloped. He was surprised, however, at
Habitat for Humanity's willingness to work with the property owners. The Habitat
representatives listened to their concerns and took them into consideration when revising
� the plat. Mr. John Delgado, 1869 Drury Lane, stated the construction traffic will
inconvenience the residents on a daily basis. Mr. Bertrand stated he hopes the neighbors
and Habitat for Humanity will continue to work together to resolve any outstanding concerns.
The staff report recommended approval of the preliminary plat as submitted. A motion was
made by Mr. Glenn and seconded by Mr. Greaser to recommend approval of the Community
of Hope preliminary plat. The motion passed with a vote of 7 in favor, 0 in opposition, and 0
abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, McClanahan, Skinner, Welch)
4. The record plat of Town Plaza Subdivision No. 2, located on the north side of William Street
between South Kingshighway and Sheridan Drive, was reviewed by the Commission. The
plat resubdivides Town Plaza Subdivision into three (3) lots. The staff report recommended
approval, subject to the staff review comments being addressed. Mr. Shrimplin stated
Bowen Engineering and Surveying notified him that they have been instructed to stop work
on the plat until their client resolves an issue with one of the property owners in the
subdivision. As such, it is not known when a corrected plat will be submitted. A motion was
made by Mr. Skinner and seconded by Mr. McClanahan to recommend approval of the
Town Plaza Subdivision No. 2 record plat, subject to the staff review comments being
addressed. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining.
(Aye: Bertrand, Dowdy, Glenn, Greaser, McClanahan, Skinner, Welch)
OTHER ITEMS AND COMMUNICATION
Nomination of Officers
� Mr. Bertrand was nominated for Chairman, Mr. Glenn for Vice-Chairman, and Mr. Skinner for
' Secretary. Election of Officers will be held at the January 11, 2017 meeting.
City of Cape Girardeau
Planning &Zoning Commission
Meeting Minutes
December 14, 2016 "
Page 4 of 4 �i
Adiournment
Upon motion made by Mr. Greaser and seconded by Mr. McClanahan, the Commission voted
unanimously to adjourn the meeting at 7:45 p.m.
Respectfully submitted
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