HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 09-14-2016 CITY Of CAPE GIRARDEAU
P�ANNING & ZONING COMMISSIC7N
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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:
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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:
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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
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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,
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Doug Spooler
Secretary
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