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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 09-14-2016 CITY Of CAPE GIRARDEAU P�ANNING & ZONING COMMISSIC7N � PLANNING AND ZONING COMMISSION MEETING MINUTES September 14, 2016 City Hall — Council Chambers Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, 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 August 10, 2016 meeting were unanimously approved upon motion made by Mr. Dowdy and seconded by Mr. Welch. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS � 1. A public hearing was held on the request of Happy Tails Doggie Daycare and Boarding to rezone property at 423 North Broadview Street from the M-2 (Heavy Manufacturing/Industrial) district to the C-2 (Highway Commercial) district. Ms. Sandy Miller, applicant, explained that in the process of planning a building addition, she became aware that the property is not zoned correctly for a kennel. Staff advised her that the property would need to be rezoned to a district that altows a kennel in order to obtain a building permit for the addition. 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. Glenn and seconded by Mr. Skinner to recommend approval of the request of Happy Tails Doggie Daycare and Boarding to rezone property at 423 North Broadview Street from the M-2 (Heavy Manufacturing/Industrial) district to the C-2 (Highway Commercial) district. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spooler, Welch) 2. A public hearing was held on the request of Domus Development, LLC to rezone property at the southeast corner of Lexington Avenue and North Sprigg Street from the R-1 (Single- Family Suburban Residentiaf) district to the R-4 (Medium Density Multi-Family Residential) district and the C-1 (General Commercial) district. Mr. Chris Koehler, representing the applicant, stated Mr. Eric Jakimier with Domus Development, LLC is proposing a 600-bed student housing development on the property along with a convenience store or other retail use at the northwest corner of the property. Chairman Bertrand opened the public hearing � and seeing no appearances to speak, he closed the public hearing. Mr. Skinner recused himself from the discussion and vote for business reasons. The staff report recommended - approval of the request to rezone to R-4, but not C-1. Staff recommended rezoning the area proposed for C-1 to NC (Neighborhood Commercial) instead. Mr. Koehler stated the applicant is in agreement with the staff recommendation of rezoning the northwest corner of City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 14, 2016 Page 2 of 8 � the property to NC. A motion was made by Mr. Glenn and seconded by Mr. Koetting to recommend approval of the request of Domus Development, LLC to rezone property at the southeast corner of Lexington Avenue and No�th Sprigg Street from the R-1 (Single-Family Suburban Residential) district to the R-4 (Medium Density Multi-Family Residential) district and the NC (Neighborhood Commercial) district. The motion passed with a vote of 7 in favor, 0 in opposition, and 1 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Spooler, Welch; Abstain: Skinner) 3. A public hearing was held on the request of Stacy Busch-Heisserer for a Special Use Permit to allow a kennel in the C-1 (General Commercial) District at 2039 Cape LaCroix Road. Ms. Stacy Busch-Heisserer, applicant, informed the Commission that when she purchased the property, she converted the facility from a daycare center to a doggie day care, which is considered to be a kennel under the City Code. She later found out a kennel was not allowed in the C-1 district. The City recently amended the C-1 regulations to allow a kennel as a special use. Chairman Bertrand opened the public hearing. Mr. Gerry Jones, 2335 Brister Hill Drive, developer of the adjacent Walden Park subdivision, stated he was not opposed to the current use of the property. He did, however, have concerns with what could be done in the future. He requested that if the Commission recommends approval, the folfowing conditions be included and made a part of the Special Use Permit: 1) No outdoor boarding of animals; 2) No overnight boarding of animals; 3) No animal left unattended outdoors; and 4) The facility not be open past 7:00 p.m. on weekdays and 5:00 p.m. on Saturdays. Seeing no other appearances to speak, Chairman Bertrand closed the public hearing. A staff report was submitted to the Commission containing the following findings of t � fact: �✓ Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Findinq: The application indicates the kennel generates on average twenty-five (25) trips to the facility per day, which equates to fifty (50) total trips (incoming and outgoing). This number of trips nominally affects the tra�c volumes on Cape LaCroix Road and does not increase traffic hazards. Criterion #2: The proposed special use will not substantially increase fire hazards. Findinq: The facility is in compliance with the Fire Code. The nature of the use does not pose any special concerns regarding fire hazards. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Findinq: The facility is separated from the adjacent neighborhood (Walden Park) by a creek with wooded areas on both sides. The Development Code requires a twenty (20) foot wide bufferyard along any commercial lot line that is adjacent to a residential use or district. The facility does not encroach on the bufferyard, and the wooded areas provide the necessary screening. The outdoor play yards are far enough away from the neighborhood that they do not cause a noise problem. As t � � such, the kennel does not adversely affect the character of the neighborhood. `�+ City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 14, 2016 � Page 3 of 8 Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Findinq: The kennel meets a need in the community by providing daytime accommodations, supervision, and training for dogs. Per the above responses, the use does not cause adverse impacts. Criterion #5: The proposed special use will not overtax public utilities. FindinQ: The kennel's utility usage level is low. As the application indicates, the property was previously occupied by a day care that presumably had a higher usage IeveL Based on the above findings, staff recommended approval of the Special Use Permit request subject to the following conditions: 1. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 2. Major modifications to the special use shall require the approval of the City Council. 3. This permit is not transferable without the consent of the City Council. � A motion was made by Mr. Dowdy and seconded by Mr. Spooler to recommend approval of the request of Stacy Busch-Heisserer for a Special Use Permit to allow a kennel in the C-1 (General Commercial) district at 2039 Cape LaCroix Road, subject to the following conditions: 1. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 2. Major modifications to the special use shall require the approval of the City Council. 3. This permit is not transferable without the consent of the City Council. 4. There shall be no outdoor boarding of animals. 5. There shall be no overnight boarding of animals. 6. No animal under the care of the facility shall be left unattended outdoors. 7. The facility shall not be open past 7:00 p.m. on weekdays and 5:00 p.m. on Saturdays. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spooler, Welch) � 4. A public hearing was held on the request of Chuckin Clouds Cape for an exception from Development Code Section 25-506(a), wall signs, at 1031 Broadway. Mr. Stewart Finertle, City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 14, 2016 Page 4 of 8 � applicant, explained that the exception request is to allow a wall sign on the west side of the building, which does not face a street. 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: Per the above code section, the subject building is permitted wall signage on one elevation which has street frontage (north). 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 elevation. This qualifies as a "substantial equivalent" 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 equivalenY' 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, subject to the following condition: � 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. A motion was made by Mr. Skinner and seconded by Mr. Koetting to approve the request of Chuckin Clouds Cape for an exception from the Development Code to allow a wall sign on the west building elevation, with no street frontage, at 1031 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 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spoo/er, Welch) 5. A public hearing was held on the request of Rick and Rebecca Drury for an exception from Development Code Section 25-604, fence location, type and height, at 2650 Bloomfield Road. Rick Drury, applicant, stated the request is to exceed the maximum three (3) foot fence height in the front yard. He and his wife would like to install a five (5) foot fence in the front yard to provide a place for their large dogs to exercise. Due to the location of the house, detached garage, and patio, there is not sufficient space in the rear and side yards for the dogs to exercise. The additional height is necessary due to the size of the dogs. 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. � City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 14, 2016 � Page 5 of 8 Findinq: The applicants are requesting an exception to allow them to install a 5 foot high fence in the front yard for their large dogs to exercise. The side yards are narrow and the rear yard is occupied by a garage, driveway and patio area, leaving little room for this purpose. The proposed fence is decorative aluminum and has a primarily open surface. The fenced area will be set back several feet from the right- of-way lines. The front yard is situated several feet above the street. The purpose of the requirement is to prevent tall, solid fences in the front yard of residential properties for aesthetic and driving visibility reasons. The proposed fence is attractive and open in nature, and because of its location relative to the street, it will not interfere with driving visibility. These characteristics of the proposed fence constitute a "substantial equivalenY'. 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 applicants 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. Mr. Pat Patterson, 2700 Bloomfield Road, stated he was in favor of the exception and felt it would be a good addition to the neighborhood. Seeing no other appearances to speak, Chairman Bertrand closed the public hearing. Chairman Bertrand noted that exceptions are reviewed on a case by case basis. In this case, the exception criteria were met, one person spoke in favor of the request, and no one spoke in opposition to it. A motion was made by Mr. Glenn and seconded by Mr. Skinner to approve the request of Rick and Rebecca Drury for an exception at 2650 Bloomfield Road to allow a fence exceeding the three (3) foot maximum height in the front yard as proposed in the application. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spooler, Welch) SUBDIVISION PLATS 6. The record plat of JD's Place, located at 2519 Masters Drive, was reviewed by the Commission. The plat combines parts of two lots into one new lot. Mr. Tim Sander, surveyor, 20052 US Highway 61, Sikeston, MO, represented the applicant, Kari Simon. He stated Ms. Simon submitted plans to install a pool in the back yard and found out there is a lot line running through the middle of the property. The plat eliminates the lot line so Ms. Simon can obtain a permit for the pool. The staff report recommended approval as submitted, including three (3) variances shown on the plat for minimum lot area, minimum lot width, and front yard setback. A motion was made by Mr. Koetting and seconded by Mr. McClanahan to recommend approval of the JD's Place record plat, including the variances. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: � Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spoo/er, Welch) City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 14, 2016 Page 6 of 8 � 7. The record plat of Farrar Drive Third Subdivision, located at the southwest corner of Farrar Drive and Percy Drive, was reviewed by the Commission. The plat reconfigures a group of commercial lots and tracts to create three (3) new lots. Mr. Ryan Shasserre, representing the applicant, DI Hotel Suns, LLC, stated the plat will combine the vacated portion of Vantage Drive with the new hotel and conference center lot. The staff report recommended approval, including an exception for the omission of the required ten (10) foot utility easement along the rear lot lines of Lots 1, 2 and 3. A motion was made by Mr. Dowdy and seconded by Mr. Koetting to recommend approval of the Farrar Drive Third Subdivision record plat, including the exception. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spooler, Welch) 8. The record plat of Independence Village Subdivision, located along Independence Street, Sheridan Drive, and Merriwether Street, was reviewed by the Commission. The plat reconfigures a group of commercial lots and tracts to create two (2) new lots. Mr. Jacob Fish, representing the property owner, Michael Jessup, was available for questions from the Commission. The staff report recommended approval, including an exception for the omission of the required ten (10) foot utility easement along the rear lot lines of Lots 1 and 2. A motion was made by Mr. McClanahan and seconded by Mr. Welch to recommend approval of the Independence Village Subdivision record plat, including the exception. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spoo/er, Welch) 9. The preliminary plat of Habitat Community of Hope, located north of North Clark �,,,,� Avenue/Lombardo Drive, was reviewed by the Commission. The plat resubdivides Victorian Estates, an existing subdivision that was approved in 1969 but was never developed. The plat creates forty (40) single-family residential lots, three (3) common ground lots, and dedicated right-of-way for the extension of North Clark Avenue and three (3) cul-de-sac streets. Mr. AI Stoverink, Habitat for Humanity Area Director, 2365 Rust Avenue, applicant, distributed information on Habitat for Humanity to the Commissioners. He explained that the subdivision is primarily intended for homes constructed by Habitat for Humanity, but some lots may be sold for individual development. Chairman Bertrand encouraged Mr. Stoverink to speak to the neighboring property owners due to the strong opposition received from them when development of Victorian Estates was being planned. Mr. Chris Koehler, Koehler Engineering 8� Land Surveying, stated the subdivision is proposed to have trails along the rear of the lots in lieu of sidewalks along the street. Mr. Skinner asked if Habitat for Humanity has developed any other subdivision communities in Missouri. Mr. Stoverink stated there are similar communities in Columbia and Springfield which have both been successful. Mr. Rick Drury also commented that he worked with Habitat for Humanity in the San Antonio, Texas area where such communities have also been successful. The staff report recommended approval, subject to staff's comments being addressed. A motion was made by Mr. Skinner and seconded by Mr. Koetting to recommend approval of the Habitat Community of Hope preliminary plat, subject to staff's comments being addressed. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, G/enn, Koetting, McClanahan, Skinner, Spooler, Welch) 10. The record plat of Collins Mill Subdivision — Phase 1, located along Old Hopper Road, was reviewed by the Commission. The plat creates the first twelve (12) lots shown on the � approved preliminary plat for Collins Mill Subdivision. Mr. Chris Koehler, representing the City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 14, 2016 � Page 7 of 8 applicant, was available for questions from the Commission. The staff report recommended approval, subject to staff's comments being addressed. A motion was made by Mr. Dowdy and seconded by Mr. Koetting to recommend approval of the Collins Mill Subdivision — Phase 1 record plat, subject to staff's comments being addressed. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spooler, Welch) 11. The record plat of LILMAC East Subdivision, located along LaSalle Avenue, was reviewed by the Commission. The plat was approved by the Planning & Zoning Commission on April 13, 2016. The plat showed six (6) multi-family lots arranged around a cul-de-sac plus two other lots. The developer has decided to construct townhouses along the cul-de-sac, and has submitted a revised record plat which shows sixteen (16) townhouse lots and two (2) duplex lots around dedicated right-of-way for Brunswick Court, plus two large lots not on the cul-de-sac. Mr. Chris Koehler, representing the applicant, was available for questions from the Commission. Mr. Shrimplin explained that staff had concerns about the proximity of the driveway for Lot 18 to the intersection with LaSalle Avenue. He stated staff will review a proposed plan presented by Koehler Engineering & Land Surveying at the Development Review Group meeting. The proposal would require an ingress-egress easement across Lot 17 to place a driveway for access to Lot 18. The staff report recommended approval, subject to staff's comments being addressed and staff approval of the Lot 18 driveway configuration. A motion was made by Mr. Welch and seconded by Mr. McClanahan to recommend approval of the LILMAC East Subdivision record plat, subject to staff's � comments being addressed and staff approval of the Lot 18 driveway configuration. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spoo/er, Welch) 12. The amended record plat of Baldwin Village, located along Baldwin Drive, was reviewed by the Commission. The City Council approved the Baldwin Village record plat on October 7, 2013. The property was later sold to another developer, who has submitted an amended record plat to address some utility issues. The amended plat shows twelve (12) duplex lots arranged around three (3) cul-de-sacs. Mr. Chris Koehler, representing the applicant, was available for questions from the Commission. The staff report recommended approval, subject to staff's comments being addressed. A motion was made by Mr. Koetting and seconded by Mr. Dowdy to recommend approval of the Baldwin Village amended record plat, subject to staff's comments being addressed. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spooler, Welch) 13. The record plat of Midamerica Crossings, located along Interstate 55, North Kingshighway, and Limbaugh Lane, was reviewed by the Commission. Mr. Chris Koehler, representing the applicant, stated the plat subdivides land owned by Midamerica Hotels to create a lot for the City's new sportsplex. The plat also dedicates right-of-way for an extension of Veterans Memorial Drive as well as a new street, Jim Drury Way. Mr. Shrimplin stated the plat shows a stormwater detention basin easement, but additional language is needed in order to give the City the right to discharge stormwater into the basin. The staff report recommended approval, subject to staff's comments being addressed. A motion was made by Mr. Koetting � and seconded by Mr. Skinner to recommend approval of Midamerica Crossings record plat, subject to staff's comments being addressed. The motion passed with a vote of 8 in favor, 0 City of Cape Girardeau Planning &Zoning Commission Meeting Minutes September 14, 2016 Page 8 of 8 � in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spooler, Welch) OTHER ITEMS AND COMMUNICATION Recommendation for appointment to the Planninq and Zoninq Commission The Commissioners received Board Member Applications for Mr. Kevin Greaser and Mr. Michael McKeever for review to fill the vacancy left by Mr. Hinckley. The Commission members recommended the appointment of Mr. Kevin Greaser to the Planning 8� Zoning Commission. Adjournment Upon motion made by Mr. Koetting and seconded by Mr. Glenn, the Commission voted unanimously to adjourn the meeting at 7:55 p.m. Respectfully submitted, .;�� Doug Spooler Secretary �wr� �