Loading...
HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 10-08-2014 CITY Of CAPE GIRARDEAU PLANNIIVG & ZONING CdMMI55101V � PLANNING AND ZONING COMMISSION MEETING MINUTES October 8, 2014 City Hall — Council Chambers Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, William Hinckley, Ralph Maxton, Scott McClanahan, Doug Spooler, Thomas J. Welch Absent: Randy Kluge 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 September 10, 2014 meeting were unanimously approved upon motion made by Mr. Hinckley and seconded by Mr. Glenn. � REZONINGS, SPECIAL USE PERMITS, AND VARIANCES 1, The request of Charlotte Cannon for a Special Use Permit to allow a bed 8� breakfast, wedding chapel and restaurant at 141 South Louisiana Avenue was tabled at the August 13, 2014 meeting. Mr. Shrimplin informed the Commission that Ms. Cannon contacted staff and requested that this item remain on the table again this month due to an illness. She would like the Commission to consider her request at the November 12, 2014 meeting. 2. A public hearing was held on the request of MidAmerica Hotels Corporation for a variance from Development Code Section 25-303, exterior lighting, at 207 South Mt. Auburn Road. Mr. John Drury, 240 Stonechase Drive, appeared on behalf of the applicant and explained that the Commission recently approved a variance to exceed the maximum footcandle level along the north property line of the proposed Hampton Inn hotel development. MidAmerica Hotels Corporation is now seeking a variance to exceed the maximum footcandle level along the other three property lines. As with the previous request, the variance is necessary for security reasons. 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. Findin : The applicant was recently granted a variance to exceed the maximum footcandle level along the north property line. Staff recommended denial of that variance request on the basis that there is no unique condition of the subject � property. The property is located in one of several commercial areas in the city. The lighting regulations in the Development Code apply regardless of a property's context and surrounding land uses. Other recent commercial developments in the city have complied with these regulations (CVS, Plaza Tire and Banterra Centre, for example). City of Cape Girardeau Planning&Zoning Commission Meeting Minutes October 8,2014 Page 2 � Criterion #2: The granting of the variance will not adversely affect the rights of adjacent property owners or residents. Findin : The granting of the variance will adversely affect the rights of other commercial developments that are in compliance with the lighting regulations. The variance will confer upon the applicant a special privilege that is not afforded to these other developments. 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: Denial of the variance will not constitute an unnecessary hardship because the lighting plan can be revised to reduce the footcandle levels. Criterion #4: The requested variance will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Findinq: The granting of the variance will adversely affect the public order because the applicant will receive a special privilege that is not afforded to other commercial developments that are similarly situated. Criterion #5: Granting the requested variance will not undermine the general spirit and � intent of the Development Code. Findinq: As stated previously, the subject property lacks a unique condition that would justify the granting of the variance request. As such, granting the variance would undermine the general spirit and intent of the Development Code. Based on the above findings, City staff recommended denial of the variance request. No one spoke in favor of, or in opposition to, the request. Mr. Rick Hetzel, 3107 Kage Road, former Cape Girardeau Police Chief, suggested that the Police Department be contacted to obtain information on security-related service calls to hotels. The Commission discussed justification of the variance request. Mr. Bertrand stated that he felt the variance is justified because hotels generate significant pedestrian traffic during the day and night, which necessitates proper light levels for security. In addition, the subject property is not near a residential area, where glare is a concern. He also noted that no one spoke in opposition to this variance request, nor the previous request. Chairman McClanahan gave an overview of the circumstances at the time the current lighting regulations were written. Mr. Shrimplin stated that staff is aware of the difficulty in applying the lighting restrictions to certain use types, and that the current regulations will be evaluated as part of a review of the entire Development Code. Until such time the Code is amended, however, the current regulations are in effect and the maximum footcandle level applies to all uses. A motion was made by Mr. Bertrand and seconded by Mr. Spooler to approve the variance �"'� to exceed the maximum footcandle level along the east, west, and south property lines at 207 South Mt. Auburn Road. The motion passed with a vote of 7 in favor, 1 in opposition, City of Cape Girardeau Pianning&Zoning Commission Meeting Minutes � October 8,2014 Page 3 and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Maxton, McClanahan, Spooler, Welch; Nay: Hinckley) SUBDIVISION PLATS 3. The record plat of R. Hetzel Property Subdivision 1 was reviewed by the Commission. Mr. Rick Hetzel, 3107 Kage Road, applicant, was in attendance and available for questions. Mr. Shrimplin explained the plat combines four existing lots and a vacated alley right-of-way into one new lot. The staff report recommended approval as submitted. A motion was made by Mr. Maxton and seconded by Mr. Dowdy to recommend approval of the record plat of R. Hetzel Property Subdivision 1 as submitted. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Hinckley, Maxton, McClanahan, Spoole% Welch) OTHER ITEMS AND COMMUNICATION Chairman McClanahan gave an update on the TTF 5 Subcommittee. He indicated that the Subcommittee is moving along with compiling a list for City Council review. He invited Commission members to the next meeting scheduled for Monday, October 13, 2014 at 7:00 a.m. Mr. Shrimplin informed the Commission that Mr. Maxton has decided to step down from his � position on the Planning & Zoning Commission when his term expires on November 1, 2014. On behalf of the City, he thanked Mr. Maxton for his years of service. The Commission then reviewed the applications of citizens who indicated an interest in serving on the Commission, and compiled a short list of recommended candidates for the City Council to consider. Staff distributed a handout containing information about the upcoming ballot issue on the fire sales tax. Mr. Shrimplin explained that in 2004, Cape Girardeau voters approved a 1/4 percent fire sales tax. The tax was split into two halves. One half (1/8 percent) is a permanent tax for ongoing Public Safety operations. The other half(1/8 percent) is a 10-year tax for Public Safety capital expenses. The latter tax expires this year, so a 21-year extension will be on the November 4, 2014 voter ballot. If approved, the tax will fund capital expenses (vehicles, apparatus, and facilities) for the Fire Department. This will allow General Revenue Fund dollars otherwise designated for the Fire Department to be directed toward the Police Department. The revenue generated from the tax is expected to be $1.2 million per year. Mr. Shrimplin asked the Commission members to encourage citizens to become educated about the ballot issue and to vote. Adiournment Upon motion made by Mr. Hinckley and seconded by Mr. Spooler, the Commission voted unanimously to adjourn the meeting at 8:00 p.m. Respectfully submi d, � Ra luge Secretary