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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 07-13-2016 CITY of CARE GIRARDEAl.� P�ANNING & ZONING COMMISSI4N � PLANNING AND ZONING COMMISSION MEETING MINUTES July 13, 2016 City Hall — Council Chambers Present: Larry Dowdy, Jeff Glenn, William Hinckley, Patrick Koetting, Scott McClanahan, Bruce Skinner, Doug Spooler, Thomas J. Welch Absent: Trae Bertrand Staff Present: Carol Peters, Ryan Shrimplin Call to Order: Vice-Chairman McClanahan called the meeting to order at 7:00 p.m. The minutes of the June 8, 2016 meeting were unanimously approved upon motion made by Mr. Glenn and seconded by Mr. Welch. REZONINGS SPECIAL USE PERMITS, AND EXCEPTIONS � 1. A public hearing was held on the request of Marquette Tower Property, LLC to rezone property at 338 Broadway from the RUMD (Residential Urban Mixed Density) district to the CBD (Central Business) district and the DCC (Downtown Commercial Corridor) overlay district. Mr. Scott Rhodes, applicant, explained that the rezoning is related to the OTC First Subdivision record plat, which was reviewed by the Pfanning and Zoning Commission on June 8, 2016. The plat combines lots with different zoning districts, and at the advisement of the City staff, he submitted a rezoning application to have them all zoned the same. Vice- Chairman McClanahan 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. Welch to recommend approval of the request of Marquette Tower Property, LLC to rezone property at 338 Broadway from the RUMD (Residential Urban Mixed Density) district to the CBD (Central Business) district and the DCC (Downtown Commercial Corridor) overlay district. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Hinck/ey, Koetting, McClanahan, Skinner, Spooler, Welch) 2. A public hearing was held on the request of H & H Center Property, LLC to rezone property at 400 Broadway and 221 North Fountain Street from the RUMD (Residential Urban Mixed Density) district and the CBD (Central Business) district to the CBD (Central Business) district and the DCC (Downtown Commercial Corridor) overlay district. Mr. Scott Rhodes, applicant, stated this request is also for lots in OTC First Subdivision, which have different zoning districts. Vice-Chairman McClahanan 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. Koetting to recommend �P � approval of the request of H 8� H Center Property, LLC to rezone property at 400 Broadway and 221 North Fountain Street from the RUMD (Residential Urban Mixed Density) district and the CBD (Central Business) district to the CBD (Central Business) district and the DCC (Downtown Commercial Corridor) overlay district. The motion passed with a vote of 7 in City of Cape Girardeau Planning &Zoning Commission Meeting Minutes July 13, 2016 Page 2 of 4 � favor, 0 in opposition, and 0 abstaining. (Aye: G/enn, Hinckley, Koetting, McClanahan, Skinner, Spooler, Welch) Mr. Dowdy arrived at the meeting at this time. 3. A public hearing was held on the request Derrick and Rachel Biri for an exception from Development Code Section 25-1103(a)(1), water and sanitary sewer mains, at 280 Vangilder Lane. Derrick and Rachel Biri appeared before the Commission. Mrs. Biri explained that they are constructing a new single-family home at 280 Vangilder Lane and are requesting permission to install a private building service line across the adjacent property owned by her grandmother in order to receive City water service. Mr. Biri presented a water line easement to the Commission for their review. 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 purpose of the requirement is to ensure a property owner has access to a City main by requiring the main to be directly on, or adjacent to, the property. If the building service line has to cross an adjacent lot in order to connect to the main, the owner of that lot has the right to remove the line at any time, for any reason, because it is on their property. The only substantial equivalent would be if the owner of the adjacent lot to the south were to grant a perpetual easement to the applicants � for their water line, as described below. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findinq: The "substantial equivalenY' as proposed below would 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, with the following condition: 1. The applicants shall obtain a new easement from the owner of the adjacent property to the south. Said easement shall specifically grant the applicants the right to install, maintain, repair, and replace a water line within the easement area. The easement shall be perpetual and run with the land. A draft of the easement shall be submitted to the City staff for review and approval prior to its execution and recording. Vice-Chairman McClanahan 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. Koetting to approve the request of Derrick and Rachel Biri for an exception from-the Development Code to allow a building service line to cross an adjacent lot, subject to the staff recommended condition. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Hinckley, Koetting, McClanahan, Skinner, Spooler, � Welch) City of Cape Girardeau Planning &Zoning Commission Meeting Minutes July 13, 2016 � Page 3 of 4 SUBDIVISION PLATS 4. The record plat of KFVS Subdivision, located along Broadway and Lorimier Street, was reviewed by the Commission. Mr. Shrimplin explained that KFVS is relocating some antennas from the roof of the building to an adjacent lot with no principal use. Rather than request a variance, KFVS submitted a record plat combining the two lots. The plat shows an exception for the omission of the required 10 foot utility easement along the Broadway and Lorimier Street rights-of-way where buildings exist within 10 feet of the right-of-way line. The staff report recommended approval, including the exception. A motion was made by Mr. Glenn and seconded by Mr. Spooler to recommend approval of the KFVS Subdivision record plat, including the exception. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Hinckley, Koetting, McClanahan, Skinner, Spooler, Welch) 5. The record plat of American Landmark Properties Subdivision - Amended, located at 505 and 511 North Kingshighway, was reviewed by the Commission. Mr. Chris Koehler, Koehler Engineering and Surveying, represented the applicant and was available to answer questions. He explained that the plat resubdivides two lots in the American Landmark Properties Subdivision. The staff report recommended approval. A motion was made by Mr. Dowdy and seconded by Mr. Hinckley to recommend approval of the American Landmark Properties Subdivision - Amended record plat. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Hinckley, Koetting, � McClanahan, Skinner, Spooler, Welch) 6. Mr. Shrimplin informed the Commission that the applicant for the MidAmerica Crossings record plat (on the agenda) requested the Commission table its review of the plat. A motion was made by Mr. Hinckley and seconded by Mr. Koetting to table review of the MidAmerica Crossings record plat. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Hinckley, Koetting, McClanahan, Skinner, Spooler, Welch) OTHER ITEMS AND COMMUNICATION 7. Proposed Amendments to Development Code Article VII. Retaininq Walls, and Artiele VIII, Landscapinq and Buffervards The Commission reviewed proposed amendments to the Development Code pertaining to retaining walls, landscaping, and bufferyards. Mr. Shrimplin gave an overview of the proposed changes. Mr. Hinckley questioned why the permit and professional engineer sections apply to retaining wall repairs. Mr. Welch and Mr. Koetting questioned if and how the City would enforce the section restricting landscaping to two and one-half (2.5) feet in height within thirty (30) feet of an intersection. The Commission requested that staff revisit these sections and make any necessary revisions for review at the next meeting. 8. Commission Communication Mr. Glenn invited the Commissioners who are interested in Missouri transportation to visit the www.mercurvalliance.orct website. The Mercury Alliance is a group of private � organizations, companies, and individuals whose goal is to increase awareness of the importance of Missouri's transportation system to the citizens of the state through strategic City of Cape Girardeau Planning &Zoning Commission Meeting Minutes July 13, 2016 Page 4 of 4 � � outreach that is issue driven, educational, and demographically and geographically inclusive. Mr. Glenn also welcomed Mr. Bruce Skinner to the Commission. Mr. Skinner was appointed by the City Council to fill the vacancy left by Mr. Kluge, who resigned. Adiournment Upon motion made by Mr. Glenn and seconded by Mr. Hinckley, the Commission voted unanimously to adjourn the meeting at 7:35 p.m. RespectFully submitted, � Doug Spooler Secretary � �