HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 10-12-2016 CITY of CAPE GIRARDEAU
PLANNING & ZONiNG COMMISSION
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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
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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
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