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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 04-08-2015 CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISStON � PLANNING AND ZONING COMMISSION MEETING MINUTES April 8, 2015 City Hall — Council Chambers Present: Jeff Glenn, William Hinckley, Randy Kluge, Patrick Koetting, Scott McClanahan, Doug Spooler, Thomas J. Welch Absent: Trae Bertrand, 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 March 11, 2015 meeting were unanimously approved upon motion made by Mr. Koetting and seconded by Mr. Hinckley. REZONINGS, SPECIAL USE PERMITS. AND VARIANCES 1. A public hearing was held on the request of Gerry Jones for a variance from Development Code Section 25-912, driveways, at 2026 Walden Pond Way. Mr. Ty Gramling, Koehler � Engineering 8� Land Surveying, representing the applicant, explained a variance is being requested to exceed the maximum 30' driveway width for an apartment building which is being constructed adjacent to an existing apartment building. A landscaped island is proposed which would divide the driveway into two (2) 38' foot sections. A staff report was submitted to the Commission containing the following findings of fact: Criterion #1: The requested variance arises from a condition which is unique to the property in question and which is not ordinarily found, and is not created by an action or actions of the property owner, the applicant or predecessors in title. FindinQ: The subject property is located in the Walden Park planned development. The approved master development plan for Walden Park shows six multifamily buildings on Walden Pond Way. These buildings (finro of which are existing) are somewhat unique in that the garage spaces are incorporated into the building footprint. Due to the design, the proposed building contains six garage spaces with driveway access directly on Walden Pond Way. Rather than provide a separate driveway for each garage space, the developer is proposing to provide two driveways separated by a landscape island. Criterion #2: The granting of the variance will not adversely affect the rights of adjacent property owners or residents. Findinq: The variance is being requested in order to maintain the same design theme as the finro existing buildings on Walden Pond Way, both of which have one continuous driveway serving all six garage spaces. The proposed building, however, /�► will have a landscape island to split the driveway in two, resulting in a lesser �P � driveway width than the existing buildings. As such, granting the variance will not adversely affect the rights of adjacent property owners or residents. City of Cape Girardeau Planning 8�Zoning Commission Meeting Minutes April 8,2015 Page 2 ( � \✓ Criterion #3: The strict application of the provisions of the Development Code from which the variance is requested will constitute unnecessary hardship upon the utilization of the property. Findinq: Denying the variance will constitute an unnecessary hardship because the building and/or site design will have to be substantially modified to meet the requirement, thus compromising the design theme that was approved for this section of the development. Criterion #4: The requested variance will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Findin : Granting the variance will allow the developer to maintain the design theme and avoid having to construct and maintain six separate driveways. The public will also benefit from the higher quality of development that will be achieved. As such, granting the variance will not adversely affect the public. Criterion #5: Granting the requested variance will not undermine the general spirit and intent of the Development Code. Findinq: The variance request is based on a unique condition and will result in a benefit to the adjacent property owners and residents as well as the public. Therefore, granting the variance will not undermine the general spirit and intent of � the Development Code. Based on the above findings, City staff recommended approval of the variance request. No one spoke in favor of, or in opposition to, the request. Chairman McClanahan closed the public hearing. A motion was made by Mr. Hinckley and seconded by Mr. Spooler to approve the variance for driveway width at 2026 Walden Pond Way. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Hinckley, Kluge, Koetting, McClanahan, Spoo/er, Welch) 2. A public hearing was held on the request of A Child's Journey, LLC for a variance from Development Code Section 25-604, fence location, type and height, at 3037 Lexington Avenue. Ms. Michelle Burgess, 3037 Lexington Avenue, explained that Missouri child care regulations require a fence to be 42" in height to protect children at play. The fence is needed in order to expand an existing play area so that different age groups can play outside at the same time. A staff report was submitted to the Commission containing the following findings of fact: Criterion #1: The requested variance arises from a condition which is unique to the property in question and which is not ordinarily found, and is not created by an action or actions of the property owner, the applicant or predecessors in title. Findinq: The subject property is unique in that it has no rear yard, based on the definition in the Zoning Ordinance. The applicant, a child care center operator, � wishes to expand a fenced outdoor play area, which right now is entirely within the side yard. If this were a typical property, the applicant would be able to expand the fenced area without a variance by expanding it in the rear yard. In the case of the subject property, the side yard is adjacent to a front yard on both sides. City of Cape Girardeau Planning&Zoning Commission Meeting Minutes � April 8, 2015 Page 3 Criterion #2: The granting of the variance will not adversely affect the rights of adjacent property owners or residents. Findin : The variance request is to install a fence in the front yard that is 6 inches higher than the maximum fence height. The applicant has indicated the fence is required to be at this height per the Missouri regulations for child care centers. The state regulations are intended to protect the children, the operator, and the public. As such, granting the variance will not adversely affect the rights of adjacent property owners or residents. Criterion #3: The strict application of the provisions of the Development Code from which the variance is requested will constitute unnecessary hardship upon the utilization of the property. Findinq: Denying the variance will constitute unnecessary hardship because the applicant will have no other yard in which to lawfully expand the fenced area. Criterion #4: The requested variance will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Findinq: The basis for the variance request is the need to comply with the state regulations, which will not adversely affect the public as long as the new fence is � harmonious with the existing fence. Criterion #5: Granting the requested variance will not undermine the general spirit and intent of the Development Code. Findin : The applicant is seeking relief from the maximum fence height requirement in order to expand the fenced area in accordance with the state regulations. Due to the unique condition of the subject property, this can only be accomplished if the variance is granted. As such, granting the variance will not undermine the general spirit and intent of the Development Code. Based on the above findings, City staff recommended approval of the variance request with the following condition: 1. The new fence shall match the design, style, color, and finish of the existing fence. Ms. Elizabeth Depro, 3037 Lexington Avenue, also spoke in favor of the request. No one spoke in opposition to the request. Chairman McClanahan closed the public hearing. A motion was made by Mr. Glenn and seconded by Mr. Welch to approve the variance for the height of a fence in the front yard at 3037 Lexington Avenue, with the condition listed in the staff report. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) 3. A public hearing was held on the request of Donna K. McClard to rezone property at 1024 � Perry Avenue from the C-1 (General Commercial) district to the R-2 (Single-Family Urban Residential) district. No one appeared before the Commission to present the request. Mr. Shrimplin stated the immediately surrounding properties contain residential uses, and the subject property has been historically used as a single family residence. He added he did not know the reasoning behind the City zoning the property to commercial. The rezoning City of Cape Girardeau Planning 8�Zoning Commission Meeting Minutes April 8,2015 Page 4 t�� � �+/ would change the single-family residence to a permitted use. The staff report recommended approval. No one spoke in favor of, or in opposition to, the request. Chairman McClanahan closed the public hearing. A motion was made by Mr. Hinckley and seconded by Mr. Glenn to recommend approval of the request to rezone property at 1024 Perry Avenue from the C- 1 (General Commercial) district to the R-2 (Single-Family Urban Residential) district. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) 4. A public hearing was held on the request of Meyr Properties, LP to rezone property near the southeast corner of LaSalle Avenue and Baldwin Drive from the C-2 (Highway Commercial) district to the RUMD (Residential Urban Mixed Density) district. Mr. Ty Gramling, Koehler Engineering 8� Land Surveying, representing the applicant, explained the original portion of Baldwin Village Subdivision is zoned RUMD. The property owner recently decided to expand the subdivision boundary slightly to make it more rectilinear. The subdivision plat is on this agenda as a separate item. The area being added to the subdivision is zoned C-2 and needs to be rezoned to RUMD in order to establish a sing�e zoning district for the entire subdivision. The staff report recommended approval. No one spoke in favor of, or in opposition to, the request. Chairman McClanahan closed the public hearing. A motion was made by Mr. Glenn and seconded by Mr. Welch to recommend approval of the request to rezone property near the southeast corner of LaSalle Avenue and Baldwin Drive from the C- 2 (Highway Commercial) district to the RUMD (Residential Urban Mixed Density) district. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) � 5. A public hea�ing was held on the request of Teen Challenge Mid America for a Special Use Permit to allow a car wash in the C-2 (Highway Commercial) district at 16 South West End Boulevard. Mr. Chad Beebe, representing the applicant, stated Teen Challenge is requesting a Special Use Permit to reactivate a former car wash facility including the addition of three (3) new structures. As part of the Special Use Permit request, a variance is being requested to forego the required 15% site landscaping. In lieu of the required landscaping, several planters are proposed in front of the new structures. 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. Findinq: The site was formerly used as a car wash. Customer traffic is proposed to be routed on South Park Avenue, which will separate it from the traffic for the convenience store. Although the site plan shows four stacking spaces, there is sufficient room on the site for additional stacking if necessary. For these reasons, the proposed special use will not substantially increase traffic hazards or congestion. Criterion #2: The proposed special use will not substantially increase fire hazards. Findinq: 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. City of Cape Girardeau Planning&Zoning Commission Meeting Minutes � April 8, 2015 Page 5 Findinq: The site is appropriate for the proposed use based on the existing improvements and the surrounding uses, which are commercial in nature. Therefore, the proposed special use will not adversely affect the character of the neighborhood. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Findinq: The site is currently not being used. The proposed special use, if approved, will improve the site and provide a service to the community. Consequently, the proposed special use will not adversely affect the general welfare of the community. Criterion #5: The proposed special use will not overtax public utilities. Findinq: The applicant is seeking approval to conduct the same use that existed on the site previously. The existing utilities are sufficient for the proposed use. As such, the proposed special use will not overtax public utilities. Based on the above findings, City staff recommended approval of the Special Use Permit request with the following conditions: � 1. Except for the landscaping variance granted as part of this permit, the special use shall meet all applicable requirements of the Zoning Ordinance and the Development Code. 2. The area south of the island next to the Rhodes curb cut on South West End Boulevard shall be closed off using yellow painted wheel stops. The wheel stops shall start at the island and run south, then make a 90 degree turn toward the car wash. 3. The buildings and structures associated with the special use shall have a uniform color scheme and be compatible in their materials, with the final design subject to approval by the City staff. 4. This approval does not include signage. A sign permit application shall be submitted for any proposed signs. 5. This approval does not include exterior lighting. If e�erior lighting is proposed, a photometric plan and specification sheets for the proposed exterior light fixtures shall be submitted as part of the building permit application. 6. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 7. Major modifications to the special use shall require the approval of the City Council. � 8. This permit is not transferable without the consent of the City Council. No one spoke in favor of, or in opposition to, the request. Chairman McClanahan closed the public hearing. Mr. Welch commented that initially, he had concerns with traffic in the area, City of Cape Girardeau Planning 8�Zoning Commission Meeting Minutes April 8,2015 Page 6 � but after looking into it there appears to be no issues if the wheel stops are installed as proposed. Mr. Beebe indicated the applicant has no concerns with the conditions of approval listed in the staff report. A motion was made by Mr. Glenn and seconded by Mr. Koetting to recommend approval of the Special Use Permit to operate a car wash in the C-2 (Highway Commercial) district at 16 South West End Boulevard, with the conditions listed in the staff report. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) SUBDIVISION PLATS 6. The preliminary plat of Forest Hills Estates Subdivision was presented to the Commission for review. The subdivision is zoned R-2 (Single-Family Urban Residential) and is located on North Sprigg Street. Mr. Ty Gramling, Koehler Engineering & Land Surveying, representing the applicant, explained the original preliminary plat that was approved by the City Council expired before all of the phases of the subdivision could be built. The developer would now like to construct the remaining phases of the subdivision, but per the code a new preliminary plat has to be approved. The future phases contain fifty-nine (59) single-family residential lots, two (2) detention basins and three (3) public streets, which will be constructed to the new code requirements. The staff report recommended approval of the preliminary plat subject to the corrections listed in the staff review letter. A motion was made by Mr. Hinckley and seconded by Mr. Spooler to recommend approval of the Forest Hills Estates Subdivision preliminary plat, subject to the corrections listed in the staff review letter. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) � 7. The record plat of Forest Hills Estates Fifth Addition was reviewed by the Commission. The property is zoned R-2 (Single-Family Urban Residential) and is the latest phase in the Forest Hills Estates Subdivision. The plat contains twenty-seven (27) single-family residential lots, one (1) detention basin and three (3) public streets (which are extensions of existing streets in the prior phases of Forest Hills Estates). Mr. Ty Gramling, Koehler Engineering & Land Surveying, representing the applicant, was available for questions from the Commission. The staff report recommended approval subject to the corrections listed in the staff review letter. A motion was made by Mr. Glenn and seconded by Mr. Welch to recommend approval of the Forest Hills Estates Fifth Addition record plat, subject to the corrections listed in the staff review letter. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Hinckley, K/uge, Koetting, McClanahan, Spooler, Welch) 8. The record plat of Aldi Subdivision - Amended was reviewed by the Commission. The property is zoned C-2 (Highway Commercial). Mr. Jamie Henson, representing the applicant, informed the Commission that Aldi is currently situated on Lot 2 of a two lot subdivision located at 2145 Independence Street. The plat combines the two (2) lots into one (1) new lot. The staff report recommended approval of the record plat as submitted. A motion was made by Mr. Koetting and seconded by Mr. Spooler to recommend approval of the Aldi Subdivision - Amended record plat as submitted. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) 9. The record plat of Baldwin Village was reviewed by the Commission. Mr. Ty Gramling, � Koehler Engineering & Land Surveying, representing the applicant, explained the Planning 8 Zoning Commission recommended approval of the Baldwin Village record plat on September 11, 2013. The applicant recently submitted a revised plat. The boundary of the City of Cape Girardeau Planning&Zoning Commission Meeting Minutes � April 8,2015 Page 7 subdivision has been expanded slightly to "square off' the southeast corner and add one (1) additional lot to each cul-de-sac. The staff report recommended approval as submitted. A motion was made by Mr. Koetting and seconded by Mr. Spooler to recommend approval of the Baldwin Village record plat as submitted. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) 10. The record plat of Baldwin Place Phase II-A was reviewed by the Commission. The property is zoned R-3 (High Density Single-Family Residential). Mr. Ty Gramling, Koehler Engineering 8� Land Surveying, representing the applicant, explained the plat subdivides an existing lot into two (2) new lots at the southwest corner of Autumn Leaf Drive and Baldwin Drive, which is in the Baldwin Place Phase II subdivision. The property owner intends to construct a duplex and would like to be able to sell half of it in the future. A fire rated wall will be constructed on the common lot line. The staff report recommended approval of the record plat as submitted. A motion was made by Mr. Koetting and seconded by Mr. Spooler to recommend approval of the Baldwin Place Phase II-A record plat as submitted. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) 11. The record plat of Giboney Woods 7th Subdivision was reviewed by the Commission. The property is zoned R-1 (Single-Family Suburban Residential). No one appeared before the Commission to present the request. Mr. Shrimplin explained the plat subdivides an existing � lot into two (2) new lots on Copperfield Court. The staff report recommended approval of the record plat as submitted. A motion was made by Mr. Koetting and seconded by Mr. Spooler to recommend approval of the Giboney Woods 7th Subdivision record plat as submitted. The motion passed with a vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Hinckley, Kluge, Koetting, McClanahan, Spooler, Welch) OTHER ITEMS AND COMMUNICATION Other Communication Mr. Shrimplin stated the results of the interactive public meetings on the Transportation Trust Fund 5 projects revealed strong support for general projects such as sidewalks, street lights, and street repairs. Such projects provide for maintenance, repair and enhancement of existing streets as opposed to constructing new streets. The City Council must now determine which projects will be included on the official list as part of the tax issue on the August, 2015 ballot. Adiournment Upon motion made by Mr. Koetting and seconded by Mr. Glenn, the Commission voted unanimously to adjourn the meeting at 7:30 p.m. Respectf submitt , � ` Ran y ge Secretary