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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 10-12-2016 CITY of CAPE GIRARDEAU PLANNING & ZONiNG COMMISSION � PLANNING AND ZONING COMMISSION MEETING MINUTES October 12, 2016 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 September 14, 2016 meeting were unanimously approved upon motion made by Mr. Koetting and seconded by Mr. Glenn. Chairman Bertrand asked if there are any appearances regarding items not on the agenda. He acknowledged the large group of citizens in attendance having questions and concerns about the Habitat Community of Hope preliminary plat. He informed the group that the Planning and � Zoning Commission reviewed the plat at its September 14, 2016 meeting and passed a motion recommending approval to the City Council. Chairman Bertrand also announced that the developer will be hosting a meeting with the public on October 20, 2016 at 7:00 p.m. in the City Council Chambers at City Hall, and urged those who have questions and concerns to attend the meeting. Mr. Mike Foeste, 1056 North Clark Avenue, expressed his concern about the increase in traffic that would result on Clark Avenue if the subdivision were developed as proposed. He also indicated there are existing drainage problems in the area and asked if the City would be doing anything to fix them. Mr. Foeste also expressed his displeasure with the lack of advanced notice about the project, and stated he heard that a private meeting was held. Chairman Bertrand stated he understands Mr. Foeste's concerns, but the City is not required to provide public notification for subdivision plats beyond the posting of the Planning and Zoning Commission and City Council agendas. Mr. Tom Essner, 1846 Stoddard Street, and Mr. Lester Wells, 1902 Drury Lane, expressed their concerns about the potential for the development to lower their property values. Mr. Essner stated there are rules and regulations in place to protect the citizens and it is the Planning and Zoning Commission's responsibility to enforce them. He added that the residents of the neighborhood feel they were left out of the process in the beginning and that they should have been notified much earlier. Chairman Bertrand reminded the group that the Planning and Zoning Commission is a recommending body and encouraged everyone to speak to their City Council ward representative and attend the developer-hosted meeting on October 20, 2016. � Mr. Shrimplin clarified that the private meeting Mr. Foeste mentioned was the first developer- hosted meeting, held on October 3, 2016. City staff agreed to schedule a meeting between the developer and the residents of the neighborhood because Mr. Wells and his wife met with staff and asked several questions that could best be answered by the developer and his engineer. In response to concerns expressed at the October 3, 2016 meeting, the developer agreed to host City of Cape Girardeau Planning &Zoning Commission Meeting Minutes October 12, 2016 Page 2 of 6 � a second meeting on October 20, 2016. Mr. Shrimplin also explained that if the plat is revised to comply with all of the code requirements (thus eliminating the variances), the City Council is required by law to approve it. REZONINGS, SPECIAL USE PERMITS AND EXCEPTIONS 1. A public hearing was held on the request of Rick Werner to rezone property at 627, 631, and 635 South Sprigg Street from the C-1 (General Commercial) district to the CBD (Central Business) district. Mr. Rick Werner, 1721 Crestwood Drive, stated he recently purchased the three properties with the intention of using them in the same manner that they were used previously. 627 and 635 were previously used as multi-family dwellings and 631 was previously used as a banquet facility. He did not realize when he purchased the properties that these uses could not be resumed under the current zoning. Chairman Bertrand opened the public hearing and seeing no appearances to speak, he closed the public hearing. The staff report recommended approval. A motion was made by Mr. Skinner and seconded by Mr. McClanahan to recommend approval of the request of Rick Werner to rezone property at 627, 631, and 635 South Sprigg Street from the C-1 (General Commercial) district to the CBD (Central Business) district. 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 Rust Communications for an exception from Development Code Section 25-506(a), wall signs, at 325 Broadway. Mr. Rex Rust, 1923 � Silverthorne Trail, explained that the building at 325 Broadway was recently renovated. Due to the front of the building consisting of mostly glass, he would like to transfer some of the allowable wall sign area to the west side of the building, which does not have street frontage. 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 above code section, the subject building is permitted wall signage on two elevations which have street frontage (north and south). In order to display wall signage on the west elevation, the applicant is proposing to transfer a portion of the permitted wall sign area from the north and south elevations. This qualifies as a "substantial equivalenY' 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: City of Cape Girardeau Planning &Zoning Commission Meeting Minutes � October 12, 2016 Page 3 of 6 1. The aggregate sign area of all wall signs for the building shall not exceed the maximum permitted wall sign area per the Development Code. Chairman Bertrand opened the public hearing and seeing no appearances to speak, he closed the public hearing. Mr. Dowdy, Mr. McClanahan, and Mr. Skinner recused themselves from the discussion and vote for business reasons. A motion was made by Mr. Glenn and seconded by Mr. Koetting to approve the request of Rust Communications for an exception from the Development Code to altow a wall sign on the west building elevation, with no street frontage, at 325 Broadway, subject to the condition that the aggregate sign area of all wall signs for the building shall not exceed the maximum permitted wall sign area per the Development Code. The motion passed with a vote of 6 in favor, 0 in opposition, and 3 abstaining. (Aye: Bertrand, Glenn, Greaser, Koetting, Spooler, Welch; Abstain: Dowdy, McClanahan, Skinner) 3. A public hearing was held on the request of the City of Cape Girardeau Fire Department for an exception from Development Code Section 25-805, bufferyards, at 378 South Mt. Auburn Road. Mark Hasheider, Assistant Fire Chief, explained that Fire Station #2 is being expanded to include a second building and additional pavement. In lieu of providing the required plantings in the twenty (20) foot wide bufferyard along the rear property line, the Fire Department wishes to install a six (6) foot high privacy fence. He stated the fence would serve as a visual barrier to screen the facility from adjacent residential properties. It would also reduce noise coming from the facility. 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 applicant is proposing a 6 foot high cedar privacy fence in the bufferyard along the rear property line adjacent to the residential properties. This qualifies as a "substantial equivalenY' because the code does not require a fence for Type B bufferyards. The fence will serve as a visual barrier to screen the fire station facility from the residential properties. It will also help reduce noise emanating from the facility. 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 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. Based on the above findings, staff recommended approval of the exception request. Chairman Bertrand opened the public hearing. Ms. Donna Noe, 3176 Park Place Drive, and � Mr. Virgil Parsons, 3172 Park Place Drive, asked about the location and style of fence to be installed. Assistant Chief Hasheider stated the City staff is willing to work with the neighboring residents on the final location and design of the fence. Seeing no other appearances to speak, Chairman Bertrand closed the public hearing. A motion was made City of Cape Girardeau Planning &Zoning Commission Meeting Minutes October 12, 2016 Page 4 of 6 � by Mr. Koetting and seconded by Mr. Spooler to approve the request of the City of Cape Girardeau Fire Department for an exception at 378 South Mt. Auburn Road to allow a six (6) foot high privacy fence in lieu of the required plantings, with the condition that the City staff work with the neighboring residents on the final location and design of the fence. 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) 4. A public hearing was held on the request of the City of Cape Girardeau Fire Department for an exception from Development Code Section 25-803(b), landscaping, at 1 South Sprigg Street. Mark Hasheider, Assistant Fire Chief, explained that Fire Station #1 is being renovated and expanded on the south end. The expansion will add another bay. Because all of the paved surfaces are needed for fire apparatus, there is not room to provide an additional 15% landscaping area as required by the code. In lieu of providing additional landscaping area, the Fire Department wishes to install additional plantings in the existing and proposed landscaping areas on the property. 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 site plan for the proposed building addition shows a new landscaping island separating the fire apparatus driveway from the perimeter driveway. Due to � the removal of existing landscaping, however, this will not result in an increase in overall site landscaping area. While the code does require additional landscaping area, it does not require that area to include trees, shrubs, flowers, or other plantings beyond a simple ground cover. As part of the project, the applicant is proposing to install trees, shrubs, flowers, and/or other plantings in the new landscaping island and in the remaining landscaped areas on the property. This qualifies as a "substantial equivalenY' because the applicant is providing additional plantings not required by the code (thereby enhancing the new and existing landscaping areas) in exchange for not providing additional landscaping area. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. FindinQ: 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. 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. Spooler and seconded by Mr. McClanahan to approve the request of the City of Cape Girardeau Fire Department for an exception from the 15% additional landscaping area requirement at 1 South Sprigg Street as proposed by the applicant. 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) City of Cape Girardeau Planning &Zoning Commission Meeting Minutes � October 12, 2016 Page 5 of 6 5. A public hearing was held on the request of the City of Cape Girardeau Fire Department for an exception from Development Code Section 25-805, bufferyards, at 1 South Sprigg Street. Mark Hasheider, Assistant Fire Chief, explained that this request also pertains to the renovation and expansion of Fire Station #1. The facility pre-dates the bufferyard regulations, and due to the existing improvements, there is not room to provide a bufferyard at this point. 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. Findin : The purpose of the bufferyard regulations is to separate and screen a multi- family, mobile home, or non-residential use from a lesser intense use at the time development of the former occurs. The proposed building addition will replace an area containing pa�king spaces. Although this will bring the building closer to the adjacent apartments, it will not move the overall facility any closer because the edge of the pavement will not change. In other words, the project will replace one kind of impervious improvement with another within the confines of the existing facility. It should be noted that the removal of parking spaces from this area will reduce headlight glare to the apartments. For these reasons, staff believes the applicant is � proposing a "substantial equivalent". 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. 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. Koetting and seconded by Mr. Glenn to approve the request of the City of Cape Girardeau Fire Department for an exception from the requirement to provide a bufferyard at 1 South Sprigg Street, as proposed by the applicant. 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) SUBDIVISION PLATS 6. The record plat of Riverview Gardens No. 2, located along Rivercrest Drive and Roberts Street, was reviewed by the Commission. The plat reconfigures four (4) lots and part of another lot by combining them into a single lot. Mr. James Randol, Bowen Engineering & Surveying, was available for questions on behalf of the applicant. The staff report � recommended approval as submitted. A motion was made by Mr. Skinner and seconded by Mr. Spooler to recommend approval of the Riverview Gardens No. 2 record plat. The motion City of Cape Girardeau Planning &Zoning Commission Meeting Minutes October 12, 2016 Page 6 of 6 1� passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) OTHER ITEMS AND COMMUNICATION Commission Communication Chairman Bertrand asked staff for an update on the status of proposed amendments to the sign regulations. Mr. Shrimplin stated staff has been working on amendments to other sections of the Zoning and Development Codes as requested by the City Council. He agreed with Chairman Bertrand that the Commission has reviewed several exceptions for wall signage on a building elevation without street frontage. He asked the Commission members if they would prefer staff propose an amendment to change only that requirement, or wait and incorporate the change into a comprehensive sign regulations amendment. The Commission members agreed to wait and make the change part of the comprehensive amendment. Staff Communication Mr. Shrimplin informed the Commission he attended the Statewide Planning Conference and offered more information on the sessions he attended to anyone who was interested. Adjournment Upon motion made by Mr. Glenn and seconded by Mr. Koetting, the Commission voted � unanimously to adjourn the meeting at 8:00 p.m. Respectfully submitted, ���>�� Doug Spooler Secretary �