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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 06-11-2014 CITY of CARE GtRARQEAU PLANNIhIG Sc ZONING COMM15510N � PLANNING AND ZONING COMMISSION MEETING MINUTES June 11, 2014 City Hall — Council Chambers Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, William Hinckley, Randy Kluge, Scott McClanahan, Doug Spooler, Thomas J. Welch Absent: Ralph Maxton 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 May 14, 2014 meeting were unanimously approved upon motion made by Mr. Hinckley and seconded by Mr. Bertrand. REZONINGS, SPECIAL USE PERMITS, AND VARIANCES � 1. The request of Shiloh, LLC for a Special Use Permit to allow a residential use in the front, street level of the building at 915 Broadway, which is zoned CBD (Central Business District) with the DCC (Downtown Commercial Corridor) overlay was tabled at the May 14, 2014 meeting. Mr. Hinckley made a motion, which was seconded by Mr. Spooler, to remove the request from the table for further discussion. The motion passed unanimously. Mr. Jay Meystedt, owner of Shiloh, LLC, was in attendance to answer any questions regarding the revised site plan that was submitted. The revised plan shows three variances: one for the width of the street landscaping strip (10' min. required; 7' proposed), one for the overall site landscaping percentage (15% min. required; 10% proposed), one for fence/railing height (3' max. required; 4' proposed). The staff report recommended approval with the following conditions: 1) The special use shall meet all applicable requirements of the Zoning Ordinance and the Development Code except for the variances approved as a part of this permit; 2) This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced; 3) Major modifications to the special use shall require the approval of the City Council; and 4) This permit is not transferable without the consent of the City Council. No one spoke in favor of, or in opposition to, the request. A motion was made by Mr. Hinckley and seconded by Mr. Welch to recommend approval of the Special Use Permit request with the conditions listed in the staff report, including the variances. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 2. A public hearing was held on the request of Phillip B. Smith for a variance from Development Code Section 25-1005, driveway spacing, at 2139 Megan Drive. Mr. Phillip Smith, architect for the new Skyview Animal Clinic project, requested the variance to allow � construction of a driveway approximately 44 feet from an existing driveway located on the adjacent property to the west. The variance is being requested because the property slopes to the east, which would result in steeper grades if the driveway were to be shifted in that direction. Also, shifting the driveway east would place it in close proximity of the intersection City of Cape Girardeau Planning &Zoning Commission Meeting Minutes June 11, 2014 Page 2 � of Megan Drive and Boulder Crest Drive. 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 on a cul-de-sac (Megan Drive) that provides access to five commercial lots. Access to Megan Drive is via Boulder Crest Drive. Both streets have low traffic volumes due to their functional classification and the land uses they serve. This condition is unique, as most commercial developments are located on major streets with much higher traffic volumes. Criterion #2: The granting of the variance will not adversely affect the rights of adjacent property owners or residents. Findinq: The proposed driveway location provides adequate separation from the nearest driveway due to the low traffic volume and speed limit. As such, the granting of the variance will not adversely affect the adjacent business. 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: If the variance is denied, the driveway will have to be located much closer to the street intersection, which increases the potential for accidents, and in an area with steep grades, which also poses hazards, thus constituting an unnecessary hardship. Criterion #4: The requested variance will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Findinp: The granting of the variance will not adversely affect the public because it will result in safer traffic conditions, both on and off the subject property. Criterion #5: Granting the requested variance will not undermine the general spirit and intent of the Development Code. Findinq: The intent of the variance request is to provide a better design for traffic access. As such, the granting of 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. A motion was made by Mr. Glenn and seconded by Mr. Spooler to approve the variance for driveway spacing at 2139 Megan Drive. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. � 3. A public hearing was held on the request of Drury Southwest, Inc. for a variance from Development Code Section 25-1005, driveway spacing, at 101 South Farrar Drive. Mr. City of Cape Girardeau Planning &Zoning Commission Meeting Minutes June 11, 2014 � Page 3 Kluge abstained from the discussion and vote for financial 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. Findinq: The existing driveway to be relocated is nonconforming with regard to driveway spacing. It is located approximately 60 feet from the nearest driveway (to the west). The proposed location is 90.22 feet from the nearest driveway (to the east). If the variance is granted, the relocated driveway will be further from the nearest driveway than in its current location. This condition is unique to the subject property. Criterion #2: The granting of the variance will not adversely affect the rights of adjacent property owners or residents. Findinq: The applicant's company owns the properties containing the nearest driveways on both sides and as such, it will not be adversely affected by the granting of the variance. 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: The proposed driveway location will require an s-curve design due to an existing utility pole. If the variance is denied, the driveway will have to be shifted further west, making the s-curve too tight for vehicles to maneuver properly, thus constituting a hardship. Criterion #4: The requested variance will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Findin : Granting of the variance will allow the driveway to be relocated in a manner that results in a functional design. The street on which the driveway is located (Percy Drive) has a low traffic volume and speed limit, and as such the proposed driveway location 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 intent of the variance request is to provide a better design for traffic access. As such, the granting of 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. A motion was made by Mr. Hinckley and seconded by Mr. Bertrand to table the variance at 101 South Farrar Drive due to no one City of Cape Girardeau Planning &Zoning Commission Meeting Minutes June 11, 2014 Page 4 t � `�.�/ being in attendance to represent the applicant. The motion passed with a vote of 4 in favor, 3 in opposition, and 1 abstaining. SUBDIVISION PLATS 4. The revised record plat of Resubdivision of Lot 7 of Cape West Seventh Subdivision was reviewed by the Commission. Mr. Shrimplin explained that the revised plat shows a 10' access and utility easement adjacent to the front lot lines. It also shows a variance to omit the required 10' utility easement adjacent to the rear lot lines. Staff supported the variance because there are no existing or proposed utility lines near the rear lot lines. The staff report recommended approval as submitted, including the variance. A motion was made by Mr. Dowdy and seconded by Mr. Glenn to recommend approval of the Resubdivision of Lot 7 of Cape West Seventh Subdivision record plat as submitted, including the variance. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 5. The record plat of Greater Cape Girardeau Business Park was reviewed by the Commission. Mr. Shrimplin explained that the plat divides a tract at the northeast corner of Interstate 55 and LaSalle Avenue into two lots and dedicates right-of-way for two public streets (Business Park Place and Innovation Way). Lot 2, owned by the City, will be resubdivided in the future as additional businesses purchase land in the business park. The staff report recommended approval as submitted. A motion was made by Mr. Bertrand and seconded by Mr. Kluge to recommend approval of the Greater Cape Girardeau Business Park record plat as submitted. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 4�,� 6. The record plat of Gaither Subdivision was reviewed by the Commission. The plat divides one lot into three townhouse lots. The plat shows two variances, one for density (9 units per 1 acre max. required; 12 units per 1 acre proposed), and the other to omit the required 10' utility easement adjacent to the rear lot lines. Staff supported both variances due to the character of the area, and because there are no existing or proposed utility lines near the rear lot lines. The staff report recommended approval as submitted, including the variances. A motion was made by Mr. Glenn and seconded by Mr. Bertrand to recommend approval of the Gaither Subdivision record plat as submitted, including the variances. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 7. The record plat of Resubdivision of Lots 1-8 of Baldwin Place Phase I was reviewed by the Commission. The plat changes the front yard building setback to remedy encroachments by the existing houses. The original record plat of Phase I shows a 20' front yard setback along Winte�eld Circle. The houses, however, were constructed within the setback. The proposed plat reduces the setback to 10'. The proposed setback requires a variance. The staff report recommended approval as submitted, including the variance. A motion was made by Mr. Glenn and seconded by Mr. Spooler to recommend approval of the Resubdivision of Lots 1-8 of Baldwin Place Phase I record plat as submitted, including the variance. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. Mr. Hinckley requested that staff check the rest of Phase I to determine if there are additional encroachments. 8. The record plat of A Re-Subdivision of McLane Outlot No. 1 was reviewed by the �;,� Commission. The plat reconfigures two lots at the southwest corner of William Street and South Broadview Street to accommodate a proposed expansion of First State Community City of Cape Girardeau Planning &Zoning Commission Meeting Minutes � June 11, 2014 Page 5 Bank. The expansion will require the south lot line of Lot 1 to be moved and an existing utility easement and water line to be relocated. The staff report recommended approval as submitted. A motion was made by Mr. Hinckley and seconded by Mr. Dowdy to recommend approval of A Re-Subdivision of McLane Outlot No. 1 record plat as submitted. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. OTHER ITEMS AND COMMUNICATION Chairman McClanahan announced that the next TTF 5 Subcommittee meeting will be held on July 14, 2014 at 7:00 a.m. in the Development Services Conference Room at City Hall. He stated that the Subcommittee's goal over the next few months is to compile a list of projects and evaluate them using data provided by staff. As part of this process, the Subcommittee has requested input from the Cape Girardeau Area Chamber of Commerce as well as City Council members. It is estimated that TTF 5 will generate $22 million in funding for transportation projects throughout the city, with an emphasis on maintenance and preservation projects. Meetings are open to the public, and the Planning and Zoning Commissioners are encouraged to attend. Mr. Glenn gave an update on Amendment 7, the proposed .75% transportation sales tax, which will be on the August 5, 2014 ballot. He stated that the Missouri Department of Transportation Southeast District will be hosting a series of open houses throughout the district to solicit input from the public and stakeholder groups regarding the proposed project list. The Cape � Girardeau open house will be held on June 12, 2014 from 4:00 to 7:00 p.m. at the Osage Centre. If passed, Amendment 7 would generate over $5 billion in revenue over a 10-year period. The Southeast District would receive about $380 million to be spent on projects in the district. The Southeast Metropolitan Planning Organization (SEMPO) helped develop the proposed project list, which includes improvements to Interstate 55 (redesign of Exit 93 and upgrades to the Bloomfield Road overpass), improvements to US Highway 61 and Missouri State Route 25, a rail expansion project at the SEMO Port, and a bicycle/pedestrian trail connecting East Main Street in Jackson to Missouri State Route W in Cape Girardeau. Adiournment Upon motion made by Mr. Glenn and seconded by Mr. Bertrand, the Commission voted unanimously to adjourn the meeting at 7:45 p.m. RespectFully submitted, Ran ge Secretary �