HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 06-08-2016 CITY of CAPE GIRARDEAU
PtANNiNG & ZONING COMMISSION
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PLANNING AND ZONING COMMISSION
MEETING MINUTES
June 8, 2016
City Hall — Council Chambers
Present: Trae Bertrand, Jeff Glenn, William Hinckley, Scott McClanahan, Thomas J.
Welch
Absent: Larry Dowdy, Patrick Koetting, Doug Spooler
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 May 11, 2016 meeting were unanimously approved upon motion made by
Mr. Welch and seconded by Mr. Glenn.
� REZONINGS. SPECIAL USE PERMITS. AND EXCEPTIONS
1. A public hearing was held on the proposed zoning of property to be annexed, located on the
south side of LaSalle Avenue, east of Baldwin Drive. Mr. Chris Koehler, Koehler
Engineering and Surveying, was available to answer questions. Chairman Bertrand
explained to the Commission that this request is similar to the one that was made for
property across LaSalle Avenue (part of Touchdown Ridge Subdivision). The developer is
proposing a subdivision on property that is partially out of the city limits, which is in the
process of being annexed. The Commission is to recommend a zoning district for the
property, to be effective upon annexation. Chairman Bertrand opened the public hearing
and seeing no appearances to speak, he closed the public hearing. The staff report
recommended zoning the property to the R-1 (Single-Family Suburban Residential) district.
A motion was made by Mr. Hinckley and seconded by Mr. Glenn to recommend the property
be zoned to the R-1 (Single-Family Suburban Residential) district upon annexation. The
motion passed with a vote of 5 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand,
Glenn, Hinck/ey, McClanahan, Welch)
2. A public hearing was held on the request of the Cape Girardeau Fire Department for an
exception from Development Code Section 25-102 for driveway spacing at 3011 Lexington
Avenue. The request was to allow two proposed driveways for the new fire station to be
closer to the nearest street or driveway than the thirty (30) foot minimum spacing. Mr. Chris
Koehler, Koehler Engineering and Surveying, was available to answer questions. 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.
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Planning &Zoning Commission
Meeting Minutes
June 8, 2016
Page 2 of 6 �
Findinq: Although the driveways are spaced closer than the required minimum, the
typical volume of daily traffic generated by the new fire station will be low. The
western driveway will be used by Fire Department employees as they arrive to and
leave work. The employees work twenty-four (24) hour shifts. The number of
employees on the largest shift will be three (3). In addition to employee traffic, the
western driveway will be used by fire apparatus returning to the station. The eastern
driveway will be used by fire apparatus leaving the station. On average, fire
apparatus leave the current fire station to respond to a dispatch call approximately
four (4) to six (6) times a day. Three (3) visitor parking spaces are proposed off of
the eastern driveway. Visitor traffic will be minimal. The low volume of traffic on the
driveways serves as a substantial equivalent.
Criterion #2: Approval of the exception request is consistent with the general spirit and
intent of the Development Code.
Findinq: The general spirit and intent of the Development Code requirement is to
prevent traffic conflicts caused by vehicles turning in converging directions to and
from driveways in close proximity. The substantial equivalent as described above
meets the general spirit and intent of the code requirement because the traffic
volume will be low enough that it will not cause conflicts.
Based on the above findings, staff recommended approval of the exception request.
Chairman Bertrand opened the public hearing. Ms. Michele Stone, 3044 Fox Hollow Drive, �"�
spoke in opposition to the request. She stated she felt adding a driveway on a hill which
already has a blind spot would increase the traffic risk on Lexington Avenue. She explained
that she has difficulty seeing oncoming traffic when turning onto Flad Avenue, especially in
the evening with the setting sun. She stated that additional traffic from the fire station would
make it even harder to turn left into her subdivision. Mr. Koehler indicated that a new fire
station has been planned for this property for many years, dating back to the development of
the Laurel Grove Subdivision. Originally, the plan was to access the property from Flad
Avenue and/or Cape May Drive. It was later determined that access from these streets
would not be feasible, due to a deed restriction and opposition from neighboring property
owners. As a result, both driveways are proposed to be located on Lexington Avenue. Ms.
Stone asked if the new fire station will serve as a recycling center drop-off point. Mr.
Koehler stated there are plans to provide recycling drop-off at the station. Seeing no other
appearances to speak, Chairman Bertrand closed the public hearing.
Mr. Shrimplin stated that per the application, the number of employees on the largest shift is
three (3) and on average, fire apparatus leaves the current fire station to respond to a
dispatch call approximately four (4) to six (6) times per day. Mr. Glenn expressed concerns
about the proximity of the western driveway to the existing driveway on the adjacent day
care property, which would appear to create a line-of-sight problem. Mr. McClanahan
suggested not having recycling drop-off at this location to keep traffic at a minimum. A
motion was made by Mr. Hinckley and seconded by Mr. McClanahan to approve the request
of the Cape Girardeau Fire Department for an exception at 3011 Lexington Avenue to allow
finro proposed driveways for the new fire station to be closer to the nearest street or driveway �
than the thirty (30) foot minimum spacing as proposed in the application. The motion
passed with a vote of 4 in favor, 1 in opposition, and 0 abstaining. (Aye: Bertrand, Hinckley,
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Planning &Zoning Commission
Meeting Minutes
� June 8, 2016
Page 3 of 6
McClanahan, Welch; Nay: Glenn). The Commissioners recommended that staff research the
need for a left turn lane on Lexington Avenue in the vicinity of the new fire station, as well as
installing red flashing beacons to be activated when fire apparatus is leaving the facility.
3. A public hearing was held on the request of the Cape Girardeau Fire Department for an
exception from Development Code Section 25-102 for driveway width at 3011 Lexington
Avenue. The request was to allow the eastern proposed driveway for the new fire station to
exceed the thirty (30) foot maximum driveway width. Mr. Chris Koehler, Koehler
Engineering and Surveying, explained that the eastern driveway for the new fire station
needs to be wider than thirty (30) feet because it will be used by fire apparatus leaving the
station's three bays. 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.
Findin : The eastern driveway will serve as the exit driveway for fire apparatus. To
meet the operational needs of the Fire Department, each of the station's three (3)
bays must have a direct path to Lexington Avenue. It was decided to propose a
single driveway exceeding the maximum driveway width as opposed to a separate
driveway for each bay, which would not exceed the maximum width but would
� require another exception for driveway spacing. The single, combined driveway
serves as a substantial equivalent.
Criterion #2: Approval of the exception request is consistent with the general spirit and
intent of the Development Code.
The general spirit and intent of the Development Code requirement is to limit width of
driveways to better control access to and from the street. The substantial equivalent
as described above meets the general spirit and intent of the code requirement
because it will result in fewer access points on Lexington Avenue compared to
having a separate driveway for each bay. This provides better control of access.
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. Glenn and seconded by Mr. Hinckley
to approve the request of the Cape Girardeau Fire Department for an exception at 3011
Lexington Avenue to allow a driveway to exceed the thirty (30) foot maximum driveway width
as proposed in the application. The motion passed with a vote of 5 in favor, 0 in opposition,
and 0 abstaining. (Aye: Bertrand, Glenn, Hinckley, McClanahan, Welch)
4. A pubfic hearing was held on the request of Catherine Thompson for an exception from
Development Code Section 25-604 for fence height at 10 & 24 South Spanish Street. The
request was to allow a fence to exceed the three (3) foot maximum fence height in the front
� yard. Ms. Catherine Thompson, the applicant, explained that she recently purchased the
former Bel Air Grill property at 24 South Spanish Street and would like to construct a six (6)
foot tall fence extending from the existing fence at 10 South Spanish Street (the Library) to
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Planning &Zoning Commission
Meeting Minutes
June 8, 2016
Page 4 of 6 r�
the building at 28 South Spanish Street (Grass Roots BMW). She stated the fence would
give the businesses a larger outside area and would keep patrons from exiting with alcohol.
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: The applicant is proposing a wrought-iron style aluminum fence with a black
finish as a substantial equivalent. The Development Code does not require fences
for commercial uses to have a predominantly open surFace, nor does it require such
fences to have a decorative finish. The intent of the height restriction is to prevent
fences that create a visual barrier in the front yard. Due to its predominantly open
surface, the fence will not create a visual barrier. The fence design is appropriate for
the district and will enhance the appearance of the properties.
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. �
Chairman Bertrand 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. Welch to
approve the request of Catherine Thompson for an exception at 10 & 24 South Spanish
Street to aflow a fence exceeding the three (3) foot maximum fence height in the front yard
as proposed in the application. The motion passed with a vote of 5 in favor, 0 in opposition,
and 0 abstaining. (Aye: Bertrand, Glenn, Hinckley, McClanahan, Welch)
5. A public hearing was held on the request of First State Community Bank for an exception
from Development Code Section 25-506(a) for a wall sign at 2527 William Street. The
request was to allow a wall sign on the west building elevation without the required street
frontage. Mr. Kevin Spaeth, representing the applicant, explained that the City had granted
a variance to allow a wall sign on the south building elevation. An addition was recently
constructed on the south side of the building; due to the location of the windows, there is not
adequate room to re-install the sign. The applicant would like to move the sign to the west
building elevation. 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: On April 11, 2012, the Planning and Zoning Commission approved a �
variance to allow a wall sign on the south building elevation, which does not have
street frontage. An addition was recently constructed on the south side of the
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Planning &Zoning Commission
Meeting Minutes
� June 8, 2016
Page 5 of 6
building, and due to the design of the new elevation, there is not sufficient room to
reinstall the sign. The applicant would like to move the sign to the west elevation,
which also does not have street frontage. As part of tlie exception request, the
applicant is proposing to transfer the approved wall sign area from the south
elevation to the west elevation. This qualifies as a "substantial equivalenY' because
the applicant is not requesting additional wall sign area; instead, he is requesting
permission to transfer existing wall sign area to a different building elevation.
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:
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. Glenn and seconded by Mr. Hinckley
to approve the request of First State Community Bank for an exception at 2527 William
Street to allow a wall sign on the west building elevation without the required street frontage,
with the staff recommended condition. The motion passed with a vote of 5 in favor, 0 in
opposition, and 0 abstaining. (Aye: Bertrand, Glenn, Hinckley, McClanahan, Welch)
SUBDIVISION PLATS
6. The record plat of Rock Gardens Subdivision, located on the south side of LaSalle Avenue,
east of Baldwin Drive, was reviewed by the Commission. Mr. Chris Koehler, Koehler
Engineering and Surveying, represented the applicant and was available to answer
questions. The plat proposed forty-five (45) single-family residential lots and dedicated
right-of-way for four (4) public streets (Stone Meadow Drive, Limestone Lane, Tower Ridge,
and Stone Crest). An exception was shown on the plat for the omission of the required ten
(10) foot utility easement adjacent to the rear (south) lot line of Lot 36. Staff supported the
exception because the easement would be located adjacent to the side (west) lot line
instead so as to be consistent with the other lots in the block. The staff report recommended
approval, subject to corrections in the staff review letter. A motion was made by Itllr. Glenn
and seconded by Mr. Welch to recommend approval of the Rock Gardens Subdivision
record plat, subject to the corrections identified by staff. The motion passed with a vote of 5
in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Glenn, Hinckley, McClanahan,
Welch)
7. The record plat of OTC First Subdivision, located on Broadway, North Fountain Street, and
� Bellevue Street, was reviewed by the Commission. Mr. Chris Koehler, Koehler Engineering
and Surveying, represented the applicant and was available to answer questions. The plat
proposed combining lots on both sides of North Fountain Street. An exception was shown
City of Cape Girardeau
Planning 8�Zoning Commission
Meeting Minutes
June 8, 2016
Page 6 of 6 �
on the plat for the omission of the required ten (10) foot wide utility easement adjacent to the
right-of-way lines and the rear lot lines. Staff only supported the exception where buildings
existed within ten (10) feet of the right-of-way line. The staff report recommended approval,
subject to corrections in the staff review letter. A motion was made by Mr. McClanahan and
seconded by Mr. Glenn to recommend approval of the OTC First Subdivision record plat,
subject to the corrections identified by staff. The motion passed with a vote of 5 in favor, 0
in opposition, and 0 abstaining. (Aye: Bertrand, Glenn, Hinckley, McClanahan, Welch). Mr.
Shrimplin stated some of the lots in the subdivision are split zoned CBD (Central Business
District) and RUMD (Residential Urban Mixed Density). The property owners will be filing
applications to rezone the RUMD portions to CBD. The plat will be revised to reflect the
rezoned condition and will therefore be held from City Council review until the rezonings are
approved.
OTHER ITEMS AND COMMUNICATION
Staff Communication
Mr. Shrimplin stated he was informed that Mr. Bruce Skinner was appointed to a different
advisory board and would not be able to serve on the Planning and Zoning Commission.
Chairman Bertrand indicated he was told Mr. Skinner could serve on both boards. The
Commission decided to wait and see if the City Council appoints Mr. Skinner before
recommending another applicant.
Mr. Shrimplin informed the Commission that staff will present proposed amendments to Article �
VII (Retaining Walls) and Article VIII (Landscaping and Bufferyards) of the Development Code
at the Commission's next meeting on July 13, 2016. Staff has also prepared a proposed
amendment to Article VI (Fences), which was requested by the City Council. It will most likely
need to be presented to the Council for their blessing prior to review by the Commission.
Adjournment
Upon motion made by Mr. Hinckley and seconded by Mr. Welch, the Commission voted
unanimously to adjourn the meeting at 7:50 p.m.
Respectfully submitted,
���r�� �
Doug Spooler
Secretary
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