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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 11-17-2015 ClTY Of C�4P�E GIRARDEAU PLANNING & Zt7NIM1tG COMMISSION � PLANNING AND ZONING COMMISSION MEETING MINUTES November 17, 2015 City Hall — Council Chambers Present: Trae Bertrand, Jeff Glenn, William Hinckley, Randy Kluge, Patrick Koetting, Scott McClanahan, Doug Spooler, Thomas J. Welch Absent: Larry Dowdy Staff Present: Carol Peters, Ryan Shrimplin Call to Order: Chairman McClanahan called the meeting to order at 7:00 p.m. The minutes of the October 14, 2015 meeting were unanimously approved upon motion made by Mr. Koetting and seconded by Mr. Bertrand. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS � 1. A public hearing was held on the request of DI Hotels Sun, LLC for a Special Use Permit to allow additional building height in the C-2 (Highway Commercial) District at 3351 Percy Drive, formerly addressed as 104 Vantage Drive. Mr. Kluge abstained from the discussion and vote for financial reasons. Chairman McClanahan opened the public hearing and seeing no appearances to speak, he closed the public hearing. Mr. Shrimplin explained the request is to allow additional building height up to one-hundred (100) feet. The property is to be redeveloped for an eight (8) story hotel and convention center. A similar Special Use Permit request for additional height was approved for the expansion of the nearby St. Francis Medical Center. Mr. Hinckley expressed concern that if approved, this will be the second such approval in this area and questioned if the height regulations in the Zoning Code needed to be reviewed. Mr. Shrimplin stated that since additional height can only be granted via a Special Use Permit, the City has the ability to deny the request if it finds the additional height will create an adverse effect on the adjacent properties or the public. Mr. Bertrand added that each request is considered separately. In some cases it does not make sense to allow additional height, but he believes it does in this case. A staff report was submitted to the Commission containing the following findings of fact: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Findin : The new hotel will have 168 rooms — 29 more than the existing 139-room hotel. The increase in the number of rooms will have a nominal effect on traffic. The convention center will generate additional traffic but will operate during the day, when the hotel traffic is light. In addition, it is expected that a significant number of guests � using the conference center will stay at the hotel. Similarly, it is anticipated that a majority of the restaurant customers will be from the hotel and the conference center, resulting in less traffic than a comparable stand-alone restaurant. As such, none of the proposed uses will substantially increase traffic hazards or congestion. City of Cape Girardeau Planning &Zoning Commission Meeting Minutes November 17, 2015 Page 2 of 7 Criferion #2: The proposed special use will not substantially increase fire hazards. � Findin : If approved, the development will be constructed in compliance with the City's Code of Ordinances, including the building and fire codes. Thus, the proposed special use will not substantially increase fire hazards. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Findinq: The property is located in a busy commercial area. There are several tall buildings in the area, including Saint Francis Medical Center and several hotel and multi-story office buildings. The site has frontage on Interstate 55 on one side. These characteristics make the property an appropriate location for a tall building such as the one proposed. Therefore, the character of the neighborhood will not be adversely affected by the proposed special use. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Findinq: The new hotel, conference center, and restaurant will expand the City's tax base and provide economic and cultural benefits to the community. The height of the building is necessary to accommodate the number of rooms that are needed to meet the market demand, including that of guests using the conference center. As stated above, the proposed special use will not adversely affect the character of the � neighborhood. For these reasons, the general welfare of the community will not be adversely affected by the proposed special use. Criterion #5: The proposed special use will not overtax public utilities. Findinq: The property is currently served by public utilities, all of which have the capacity to serve the new building at the proposed height, and thus will not be overtaxed. Based on the above findings, Staff recommended approval of the Special Use Permit request with 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. The building height shall not exceed 100 feet at its highest point. 5. All rooftop mechanical equipment shall be completely screened on all sides. The design of the screening shall be subject to approval by the City staff. � City of Cape Girardeau Planning &Zoning Commission Meeting Minutes November 17, 2015 � Page 3 of 7 A motion was made by Mr. Glenn and seconded by Mr. Koetting to recommend approval of the request for a Special Use Permit for additional building height in the C-2 (Highway Commercial) district at 3351 Percy Drive, with the conditions listed in the staff report. The motion passed with a vote of 7 in favor, 0 in opposition, and 1 abstaining. (Aye: Be►trand, Glenn, Hinckley, Koetting, McClanahan, Spooler, Welch;Abstain: Kluge) 2. A public hearing was held on the request of Gary Arnold to rezone property at 2930 Hawthorne Road, formerly addressed as 2861 Hopper Road, from the R-1 (Single-Family Suburban Residential) district to the PD (Planned Development) district and for the approval of a Preliminary Development Plan. The plan is for a twenty (20) unit residential development on a 5.423 acre property (four (4) single-family units and sixteen (16) two- family/duplex units). Mr. Shrimplin explained the three-step process for rezoning to the PD district. The first step is the submission of a sketch plan for review by the City staff. The second step is the submission of a rezoning application and a preliminary development plan. The Planning and Zoning Commission reviews the rezoning request and the preliminary development plan and makes a recommendation to the City Council. The third step is the submission of a final development plan after the preliminary development plan is approved. In the case of Mr. Arnold's application, a record plat for the subdivision of the property would need to be submitted at the time he submits the final development plan. Mr. Gary Arnold, applicant, and Mr. Chris Koehler, Koehler Engineering 8� Land Surveying appeared before the Commission and presented information regarding the proposed � development. Mr. Koehler stated that in late June, 2015, a stop work order was issued by the City for grading work being performed by Mr. Arnold without permits. Mr. Arnold then hired Koehler Engineering & Land Surveying to provide engineering design services. With assistance from Koehler, Mr. Arnold obtained a Land Disturbance Permit from the Missouri Department of Natural Resources as well as grading and floodplain development permits from the City, after which grading work was resumed. He added that the stormwater management plan will be designed to City specifications and upon completion of the project, the rate of stormwater leaving the property will be less than it is at this time. Chairman McClanahan opened the public hearing. Mr. Tom O'Loughlin, 1736 North Kingshighway, attorney representing a group of neighbors, spoke in opposition to the request. He presented photos of the property taken after a 2.1" rainfall event that had just occurred. He indicated that his clients live and own property on Sharon Drive, which is located immediately east of the site. They are very concerned about the grading work because Mr. Arnold is bringing in fill to elevate the site out of the floodway, which they believe has resulted in additional stormwater draining to their properties. In addition, Mr. Arnold installed a double culvert which tends to get obstructed by the accumulation of branches, further adding to the drainage problem. He requested the Commission table Mr. Arnold's request to the next meeting, scheduled for December 9, 2015. This would allow time for the parties involved to meet with the City staff and discuss the issues. Mr. Arnold stated he did not feel the Commission should table his request because he has obtained the necessary permits to perform the grading work. Mr. Koehler added that there has always been a lot of water in that area. The water drains from Hawthorne Road which should not affect the Sharon Drive properties. He also mentioned that all of the work Mr. � Arnold has performed could have been done for a single-family residence under the existing City of Cape Girardeau Planning &Zoning Commission Meeting Minutes November 17, 2015 Page 4 of 7 zoning and would not have required a review by the Planning & Zoning Commission or the � City Council. Ms. Gail Mahan, 815 Sharon Drive, spoke in opposition to the request. She stated the existing ditch on the east side of the property was dug out a few years ago and there has been standing water in it ever since. After today's rain, the water was 2.5 feet deep instead of the usual 6 to 8 inches. Ms. Brooke Blattner, 805 Sharon Drive, spoke in opposition to the request. She stated there has been a problem with mosquitoes due to stagnant water in the ditch. She expressed concern that if the water is not draining now and more water is discharged into the ditch, it will make the mosquito problem worse. Mr. Jimmy Wilferth, 2859 Hopper Road, spoke in opposition to the request. He stated he is concerned that the development would lower property values in the area. Mr. Koehler stated that Mr. O'Loughlin's reference to the property being in the floodway is erroneous. The property is actually in the floodplain. Mr. O'Loughlin asked Mr. Koehler if he obtained a clearance letter from the Army Corps of Engineers. Mr. Koehler indicated he did not. Chairman McClanahan closed the public hearing. The staff report recommended approval, subject to several review comments being addressed. A motion was made by Mr. Glenn and seconded by Mr. Koetting to recommend approval of the request to rezone property at � 2930 Hawthorne Road from the R-1 (Single-Family Suburban Residential) district to the PD (Planned Development) district and approval of the preliminary development plan subject to the review comments in the staff report being addressed. Mr. Be�trand stated the only disadvantage he sees in tabling the request is a delay for Mr. Arnold, but there are several advantages in discussing the issues with the neighbors. Mr. Kluge agreed that it may be beneficial to give one more month to allow an opportunity for the parties involved to meet with the staff and discuss the project. Mr. Welch reminded the Commission that their only responsibility is to make a recommendation on the proposed rezoning and the preliminary development plan, not the stormwater issues. The motion failed for lack of a vote. A motion was made by Mr. Bertrand and seconded by Mr. Hinckley to table the request to the next meeting on December 9, 2015. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) 3. A public hearing was held on the request of the City of Cape Girardeau to rezone property at 2450 Fairview Drive from the C-2 (Highway Commercial) district to the R-1 (Single-Family Suburban Residential) district. Mr. Tom Hamilton, 2450 Fairview Drive, explained that he owns two lots on which his house is located, both of which were zoned R-1 until 2010 when the City adopted a new Zoning Code and Zoning Map. With the adoption of the new map, the zoning of the lots was changed to C-2. He was not aware the zoning had changed until recently when he was notified by the City staff that his garage expansion could not be approved because it would expand a nonconforming use. After discussing the matter with Mr. Hamilton, the staff agreed to initiate a rezoning to R-1. � City of Cape Girardeau Planning &Zoning Commission Meeting Minutes November 17, 2015 � Page 5 of 7 Chairman McClanahan opened the public hearing and seeing no appearances to speak, he closed the public hearing. The staff report recommended approval based on the use of the property and the surrounding land uses. A motion was made by Mr. Hinckley and seconded by Mr. Kluge to recommend approval of the request to rezone property at 2450 Fairview Drive from the C-2 (Highway Commercial) district to the R-1 (Singfe-Family Suburban Residential) district. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) 4. A public hearing was held on the request of Tony LaForest for an exception from Development Code Section 25-604, fence location, type and height, at 1931 North Kingshighway, which is zoned C-2 (Highway Commercial). No one was in attendance on behalf of the applicant. Mr. Shrimplin explained that per the Development Code, the maximum fence height in the front yard for a commercial use is three (3) feet. The applicant is requesting an exception to allow a four (4) foot high fence in the front yard. To meet the "substantial equivalent" requirement, he is proposing a chain link fence with a black powder- coated finish. 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. � Findinp: The applicant is proposing a black powder coated chain link fence 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 purpose of the height restriction is to prevent fences that create a visual barrier in the front yard. Due to its predominantly open surface, chain link fence does not create a visual barrier. The proposed black powder coat finish will give the fence an attractive appearance and make it less likely to become an eyesore over time. Criferion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findinq: As stated above, the proposed fence style and finish accomplish the same purpose as the height restriction and as such, the exception request is consistent with the general spirit and intent of the Development Code. Based on the above findings, Staff recommended approval of the exception request as proposed. Chairman McClanahan opened the public hearing and seeing no appearances to speak, he closed the public hearing. The Commissioners discussed the need for an applicant or their representative to appear before the Commission to present their request and to answer questions. A motion was made by Mr. Bertrand and seconded by Mr. Koetting to table the exception request to the fence regulations at 1931 North Kingshighway to the December 9, 2015 meeting. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 � abstaining. (Aye: Bertrand, Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) City of Cape Girardeau Planning &Zoning Commission Meeting Minutes November 17, 2015 Page 6 of 7 5. A public hearing was held on the request of Canedy Sign & Graphics for an exception from � Development Code Section 25-506(a), wall signs, at 155 Siemers Drive, Suite 1, which is zoned C-2 (Highway Commercial). Mr. Jerry Nunnally with Canedy Sign 8� Graphics, representing the applicant, informed the Commission that Tuesday Morning would like to install a wall sign on the west elevation of the building, facing Walmart. Other tenants in the same building already have signage on the west 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 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 application does not identify a substantial equivalent, but one could be imposed as a condition of approval by requiring that the aggregate sign area of all wall signs for the subject tenant space shall not exceed the maximum permitted wall sign area per the Development Code. Since the entire wall sign area is based on the east (street-facing) elevation, approving an exception to allow wall signage on the west elevation will reduce the permitted wall sign area on the east elevation by the same amount. Thus, the tenant does not receive an increase in permitted sign area; instead, they are granted approval to transfer it to another elevation. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findinq: As stated above, if the exception request is approved with the � recommended condition, the tenant will not receive an increase in permitted sign area. They will merely be allowed to apply a portion of the permitted sign area to an elevation that does not have street frontage. As such, approving the exception request with the recommended condition is 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 subject tenant space shall not exceed the maximum permitted wall sign area per the Development Code. Chairman McClanahan 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. Spooler to approve the request for an exception to the wall sign regulations at 155 Siemers Drive, Suite 1, with the condition listed in the staff report. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) SUBDIVISION PLATS 6. The record plat of Redhawk Commons Phase 2 was reviewed by the Commission. Mr. Chris Kelley, Bowen Engineering & Land Surveying, representing the applicant, explained � that the record plat is a continuation of the Redhawk Commons Phase 1 record plat. Mr. City of Cape Girardeau Planning &Zoning Commission Meeting Minutes November 17, 2015 � Page 7 of 7 Shrimplin stated the record plat of Phase 2 conforms to the approved preliminary plat of Redhawk Commons and is consistent with the record plat of Phase 1 in terms of continuation of easements. The staff report recommended approval of the plat as submitted. A motion was made by Mr. Hinckley and seconded by Mr. Spooler to recommend approval of the Redhawk Commons Phase 2 record plat. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) 7. The record plat of Timber Creek Third Subdivision was reviewed by the Commission. Mr. Chris Kelley, Bowen Engineering 8� Land Surveying, representing the applicant, was available for comments on the record plat, which reconfigures Lots 20, 21 and 22 of Timber Creek Subdivision into two (2) lots. The staff report recommended approval of the plat as submitted. A motion was made by Mr. Koetting and seconded by Mr. Bertrand to recommend approval of the Timber Creek Third Subdivision record plat. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Glenn, Hinckley, Kluge, Koetting, McClanahan, Spoo/er, Welch) OTHER ITEMS AND COMMUNICATION Commission Communication Mr. Bertrand mentioned that election of officers will be held at the January 13, 2016 meeting. � He asked that nominations be discussed at the December 9, 2015 meeting. Staff Communication Mr. Shrimplin informed the Commission that revisions to the Zoning and Development Codes are being reviewed by a staff committee. Proposed revisions to the first finro (2) sections of the Development Code will be presented to the Planning & Zoning Commission at the December meeting for review. Casey Brunke, City Engineer, would like to present proposed revisions to the sections pertaining to Streets, Access Management and Standard Specifications to the Commission at the January meeting. Adiournment Upon motion made by Mr. Koetting and seconded by Mr. Bertrand, the Commission voted unanimously to adjourn the meeting at 8:30 p.m. Respectfully submitted, �C��1���� Randy Kluge Secretary �