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Home My WebLink AboutPlanning & Zoning Commission Minutes 03-12-2014 CITY Of CAPE GIRARDEAU PLANNING & ZONING COMM155ION � PLANNING AND ZONING COMMISSION MEETING MINUTES March 12, 2014 City Hall — Council Chambers Present: Larry Dowdy, Jeff Glenn, William Hinckley, Randy Kluge, Ralph Maxton, Scott McClanahan, Doug Spooler, Thomas J. Welch Absent: Trae Bertrand 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 February 12, 2014 meeting were unanimously approved upon motion made by Mr. Hinckley and seconded by Mr. Welch. Chairman McClanahan reported that the rezoning request for 890 South Kingshighway, which was on the agenda, had been withdrawn by the applicant. � HEARINGS, DISCUSSION 8�VOTING 1. A public hearing was held on the request of Scott Blank for a variance from Development Code Section 25-805, bufferyards, at 2103 William Street. Mr. Scott Blank, 3009 Patriot Drive, representing CLILA, LP, the property owner, explained to the Commission that a variance is being requested for a reduced bufferyard adjacent to the residential uses at the rear of the subject property, which is to be redeveloped. Without the variance, truck traffic would be restricted and required parking spaces would have to be eliminated. Mr. Ben Froemling, 2222 Good Hope Street, stated his concerns with parking being so close to his property line and home, as well as his ability to get in and out of his driveway. Mr. Dean Wendel, 304 Whitetail Lane, owner of the property at 2224 Good Hope Street, informed the Commission he was in favor of the request except for his concerns with drainage and trash. Mr. Blank assured Mr. Wendel the drainage issues would be improved and added he is working with City staff to improve the stormwater drainage issues along Good Hope Street and the entire block. Mr. Shrimplin added that Mr. Blank is also working with the City to install a traffic signal at the intersection of William Street and Sheridan 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. . Findin : The subject property contains an existing commercial development that has � been vacant for several years. The property abuts residential uses to the east and south. The entire block, including the residences, is zoned G2, and the Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as Downtown Commercial. Additionally, the applicant, who is redeveloping the subject Planning 8� Zoning Commission Meeting Minutes March 12, 2014 Page 2 � property, owns one of the adjacent residences and it using it as a rental unit. These circumstances constitute a unique condition that is not self-imposed. Criterion #2: The granting of the variance will not adversely affect the rights of adjacent property owners or residents. Findinp: Given the commercial zoning and designation as commercial by the Comprehensive Plan, the adjacent properties are not conducive to long-term use for residential purposes. Nonetheless, the applicant is proposing to provide reduced bufferyards rather than eliminating them entirely. For these reasons, the granting of the variance will not adversely affect the rights of adjacent property owners and 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: Denial of the variance will render the project unfeasible because the required bufferyards will result in the elimination of numerous parking spaces from the site plan and severely restrict the travel lane behind the building (especially for delivery trucks), thus creating an unnecessary hardship upon the utilization of the subject property. Criterion #4: The requested variance will not adversely affect the public health, safety, � morals, order, convenience, prosperity, or general welfare. Findinq: The application includes a site plan showing the proposed bufferyards. Most of the bufferyards shown are 5 to 6.25 feet in width, which are adequate for smaller plantings, such as shrubs and ornamental grasses. If installed in sufficient quantities, these plantings will enhance the bufferyards and therefore not adversely affect the public. Criterion #5: Granting the requested variance will not undermine the general spirit and intent of the Development Code. Findin4: The unique condition of the subject property, the hardship that will be created if the variance is denied, and the proposed reduced bufferyards with the staff condition form the basis for granting the variance in keeping with the general spirit and intent of the Development Code. Based on the above findings, City staff recommended approval of the variance request, subject to the following condition: 1. The bufferyards shall contain smaller plantings in sufficient quantities to visually enhance the perimeter of the parking and circulation areas adjacent to the residences. The types, quantities, and locations of the plantings shall be subject to approval by the City staff as part of the required landscaping plan. The Commissioners discussed ways to address Mr. Froemling's concerns. It was suggested � that the applicant install a privacy fence adjacent to both homes. Mr. Froemling and Mr. Wendel both indicated that they did not want a fence. After much discussion, the Commission decided Planning & Zoning Commission Meeting Minutes March 12, 2014 � Page 3 to require the full bufferyard adjacent to the front and side yards of Mr. Froemling's property. Mr. Shrimplin stated that this would reduce the proposed parking by four (4) spaces. If the applicant needs these spaces to meet the miminum parking requirement, they can change some of the other parking spaces to compact spaces to regain them. A motion was made by Mr. Glenn and seconded by Mr. Spooler to approve the variance at 2103 William Street with the following conditions: 1. The bufferyards shall contain smaller plantings in sufficient quantities to visually enhance the perimeter of the parking and circulation areas adjacent to the residences. The types, quantities, and locations of the plantings shall be subject to approval by the City staff as part of the required landscaping plan. 2. A 20 foot wide bufferyard shall be provided adjacent to the front and side yards of the house at 2222 Good Hope Street. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. OTHER ITEMS AND COMMUNICATION Mr. Shrimplin informed the Commission that the Mayor will be attending the April 9, 2014 meeting to discuss the fifth Transportation Trust Fund (TTF-5) project selection process and to seek members to serve on the TTF committee. � Mr. Shrimplin invited the Commissioners to participate in the Southeast Metropolitan Planning Organization (SEMPO) outreach meetings scheduled for March 14, 2014. Two meetings will be held, one starting at 10:00 a.m. at the Jackson City Hall Council Chambers and another starting at 1:00 p.m. at the Cape Girardeau City Hall Council Chambers. The purpose of the meetings is to develop a list of transportation projects representing roads and bridges, transit, aviation, rail, waterways, pedestrian and bicycle needs. The Missouri Department of Transportation is having its planning partners conduct these outreach meetings statewide in order to develop a master list of projects should funding become available from the proposed statewide 1% sales tax ballot issue. In addition to the outreach meetings, an online transportation values survey is posted on the SEMPO website through March 24. The public is encouraged to take the survey to provide SEMPO with data representing how the region values various aspects of transportation. Mr. Glenn gave the Commissioners an update on the progress of the Route 66 Corridor study. Mr. Glenn indicated that alternative routes are being researched at this time and indicated that construction would most likely not begin for another 6-7 years. Adiournment Upon motion made by Mr. Glenn and seconded by Mr. Hinckley, the Commission voted unanimously to adjourn the meeting at 7:45 p.m. Respectfully submitted, ........rr/i f' � ; �:,�a��'1`Z--�—...._. _ �� Randy Kluge Secretary � CITY Of CAPE GIRARDEAU � PLANNING & 20NING COMMISSION A GENDA WEDNESDAY, FEBRUARY 12, 2014 Regular meeting 7:00 P.M. Larry Dowdy Trae Bertrand,Chairman Jeff Glenn William Hinckley K.Scott McClanahan,Vice Chairman Ralph Maxton Doug Spooler Randy Kluge,Secretary T'homas J.Welch Call to order. Approval of minutes of the January 8,2014 meeting. Appearances on items not on the agenda. Election of Officers. HEARINGS.DISCIISSION& VOTING 1. Public Hearing on the reyuest of Kevin Heberlie for a Special Use Permit to construct and operate self storage units in the C-1 (General Commercial) District at 1354 North Mt. Auburn Road. � ACTION 2. Public Hearing on the request of Coast to Coast Signs for a variance from Development Code Sec. 25-506(b), freestanding signs, at 65 Doctors Park Drive. ACTION 3. Public Hearing on the request of KFVS-12 for a variance from Development Code Sec. 25-805, Bufferyards, at 229 North Lorimier Street. ACTION 4. Public Hearing on the request of Wal-Mart Stores, Inc. for a variance from Development Code Sec. 25-506(a), Wall Signs, at 2021 Independence Street. ACTION 5. Public Hearing on the reyuest of Wal-Mart Stores, Inc. for a variance from Development Code Sec. 25-303(b)(2)b, exterior lighting (with cutoffl, at 2021 Independence Street. ACTION .� i .'`.�`� � '� 401 Independence Cape Girardeau,MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org 6. Public Hearing on the reyuest of Daniel J. and Marcia Schlueter for a variance from Development Code Sec. 25-504(e), On premise signs, at 1401/1403 North Kingshighway. r� ACTION 7. Public Hearing on the request of Pizza Hut for a variance from Development Code Sec. 25-506(fl, roof signs, at 1015 North Kingshighway. ACTION SUBDIVISION PLATS 8. Resubdivision of Lots 13, 14 & 16 of Walden Park Phase I -Amended. ACTION OTHER ITEMSAND COMMUNICATION 9. Discussion regarding amendments to the Code regarding variances. 10. Staff Communication. 1 l. Adjournment. * * * * * * * * * * * * * * * * * * * * t � �r/ The Planning and Zoning Commission of the City of Cape Girardeau,Missouri,may,as a part of its regular meeting,or as a part of a special meeting,hold a closed session in the City Council Chambers to discuss legal actions,causes of legal action or litigation, leasing, purchasing or sale of real estate, or confidential or privileged communication with its attomeys,pursuant to RSMo.Sections 610.021(1)and 610.021(2). * * * * * * * * * * * * * * * * * * NOTE: Public hearings on Rezoning and Special Use Permit applications recommended for APPROVAL by the Planning and Zoning Commission tonight will be held before City Council on Monday, March 3, 2014. Rezoning and Special Use Permit applications recommended for DISAPPROVAL tonight will be referred to the City Council on Monday,February 17,2014. Subdivision Plat applications which are recommended for approval or disapproval by the Planning and Zoning Commission tonight will be presented to the City Council on Monday,February 17, 2014. Development Code Variance applications are decided by the Planning and Zoning Commission. They do not go on to the City Council. _..._, ��. i`\�'�- i � 401 Independence Cape Girardeau,MO 63703 573-339-G327 Tel 573-339-6303 Fax cityofcape.org