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Home My WebLink AboutPlanning & Zoning Commission Minutes 01-08-2014 CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION � PLANNING AND ZONING COMMISSION MEETING MINUTES January 8, 2014 City Hall — Council Chambers Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, William Hinckley, Randy Kluge, Ralph Maxton, Scott McClanahan, Doug Spooler Absent: Thomas J. Welch Staff Present: Carol Peters, Ryan Shrimplin Call to Order: Chairman Bertrand called the meeting to order at 7:00 p.m. The minutes of the December 11, 2013 meeting were unanimously approved upon motion made by Mr. McClanahan and seconded by Mr. Dowdy. HEARINGS, DISCUSSION &VOTING � 1. A public hearing was held on the request of Habitat for Humanity to rezone property at 1121 Merriwether Street from the R-4 (Medium Density Multi-family Residential) District to the RUMD (Residential Urban Mixed Density) District. Mr. Justin Kertz, 2365 Rust Avenue, appeared before the Commission to explain that Habitat for Humanity would like to rezone the property in order to construct a 25' x 50' single-family residence on the lot, which is not permitted in the R-4 District. No one spoke in favor of, or in opposition to, the request. The staff report recommended approval. A motion was made by Mr. Hinckley and seconded by Mr. Kluge to recommend approval of the request to rezone property at 1121 Merriwether Street from the R-4 (Medium Density Multi-family Residential) District to the RUMD (Residential Urban Mixed Density) District. 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 Community Counseling Center of Cape Girardeau (CCC) to rezone property at 18 South Hanover Street from the R-4 (Medium Density Multi-family Residential) District to the C-1 (General Commercial) District. Mr. Hinckley recused himself from the discussion and vote for personal reasons. Mr. Garen Miller, 5115 St. Charles Place, Shrewsbury, MO appeared before the Commission on behalf of the CCC. Mr. Miller explained that Campbell Mattress Company, the current owner of the property, offered to donate the property to the CCC for the construction of a new residential treatment facility, which is a special use under the current R4 zoning. He then explained that, in his experience with other clients, facilities of this nature tend to change over time in terms of the uses. As such, he advised CCC to request a rezoning of the property to C-1 because it permits a wide variety of uses. Mr. John Hudak, CCC Director, explained that the � CCC would like to move its two current residential treatment facilities to this location. No one spoke in favor of, or in opposition to, the request. Mr. Bertrand asked if the CCC is still looking for funding to construct a new facility and how soon they would expect to start construction if the property were to be rezoned. Mr. Hudak stated there should be no Planning & Zoning Commission Meeting Minutes January 8, 2014 Page 2 � di�culties getting the funding and they plan to start as soon as possible. Mr. Dowdy asked if there is a schedule for the project. Mr. Hudak replied that there is no specific schedule, but they have a contractor who is ready to start on the demolition. Construction would begin soon thereafter. The staff report recommended denial. Mr. Shrimplin explained that staff could not support the proposed rezoning because it would disrupt the existing pattern of commercial and residential development in the neighborhood, and because some of the permitted uses in the C-1 district have the potential to adversely affect the surrounding residences. He added that the City does not have the authority to impose restrictions on the use of the property as part of a rezoning. Mr. Bertrand commented that the neighbors were notified of the proposed rezoning and the public hearing, yet none of them are in attendance. Mr. Shrimplin added that no one has contacted staff regarding the rezoning. A motion was made by Mr. Dowdy and seconded by Mr. McClanahan to recommend approval of the request to rezone property at 18 South Hanover Street from the R-4 (Medium Density Multi-family Residential) District to the C-1 (General Commercial) District. The motion passed with a vote of 7 in favor, 0 in opposition, and 1 abstaining. 3. A public hearing was held on the request of Lighthouse International Ministries Church to rezone property at 121 South Main Street from the R-4 (Medium Density Multi-family Residential) District to the CBD (Central Business) District. Mr. Adrian Taylor, Pastor of Lighthouse International Ministries Church, appeared before the Commission and requested the property be rezoned to be consistent with the surrounding area and to allow for expansion. No one spoke in favor of, or in opposition to, the request. The staff report recommended approval. Mr. Shrimplin explained that the church is required to provide off- street parking under the current R-4 zoning. Due to the size of the parcel, it is not possible � to provide the required parking on-site. The church is requesting that the parcel be rezoned to CBD because off-street parking is not required in the CBD. A motion was made by Mr. Glenn and seconded by Mr. McClanahan to recommend approval of the request to rezone property at 121 South Main Street from the R-4 (Medium Density Multi-family Residential) District to the CBD (Central Business) District. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. SUBDIVISION PLATS 4. A record plat for Campbell Subdivision was reviewed by the Commission. The plat combines four lots at 6 and 18 South Hanover Street into one lot. Mr. Garen Miller, representing the Community Counseling Center, explained that the plat involves the same property that is proposed to be rezoned to C-1. The lots are being combined because the proposed residential treatment facility would extend across lot lines, which is not permitted by the City. Mr. Shrimplin explained that the plat shows the entire subdivision as being zoned C-1, which is based on the assumption that the rezoning will be approved by the City Council. As such, the staff report recommended either: a) tabling the plat, if the Planning and Zoning Commission recommended denial of the rezoning, or b) approval as submitted with the condition that the City Council approves the rezoning, if the Planning and Zoning Commission recommended approval of the rezoning. A motion was made by Mr. Hinckley and seconded by Mr. Spooler to recommend approval of the Campbell Subdivision record plat with the condition that the City Council approves the rezoning. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. � Planning & Zoning Commission Meeting Minutes January 8, 2014 � Page 3 Staff Communication 5. Mr. Shrimplin informed the Commission that Development Services staff have started meeting with the City Attorney to review the Zoning Ordinance and the Development Code in order to develop a list of proposed amendments. At the request of the staff, Mr. Shrimplin asked the Commission for input regarding the possibility of delegating to staff the ability to grant variances from the Development Code, with any staff decision subject to appeal to the Planning and Zoning Commission. He added that if necessary, parameters could be established to guide the staff in deciding whether or not to approve a variance. After much discussion, the Commission requested that staff provide more information on the proposal, including examples of the kinds of variances that staff would have the ability to approve. Adiournment Upon motion made by Mr. Hinckley and seconded by Mr. Maxton, the Commission voted unanimously to adjourn the meeting at 7:55 p.m. Respectfully submitted, � Ran e Secretary � t CITY Of CAPE GIRARDEAU � PLANNING & ZONING COMMISSION A GENDA WEDNESDAY, JANUARY 8, 2014 Regular meeting 7:00 P.M. Larry Dowdy Trae Bertrand,Chairman Jeff Glenn William Hinckley K.Scott McClanahan,Vice Chairman Ralph Ma�cton Doug Spooler Randy Kluge,Secretary Thomas J.Welch Call to order. Approval of minutes of the December 11, 2013 meeting. Appearances on items not on the agenda. HEARINGS,DISCUSSION& VOTING 1. Public Hearing on the request of Habitat for Humanity to rezone property at 1121 Merriwether Street from the R-4 (Medium Density Multi-family Residential) District to the RUMD(Residential Urban Mixed Density) District. � ACTION 2. Public Hearing on the request of the Community Counseling Center of Cape Girardeau to rezone property at 18 South Hanover Street from the R-4(Medium Density Multi-family Residential)District to the G1 (General Commercial)District. ACTION 3. Public Hearing on the request of Lighthouse International Ministries Church to rezone property at 121 South Main Street from the R-4 (Medium Density Multi-family Residential)District to the CBD(Central Business)District. ACTION SUBDIVISION PLATS 4. Campbell Subdivision Record Plat. ACTION .��. � � � gi ��,Nd _. 401 Independence Cape Girardeau,MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org i � y � OTHER ITEMSAND COMMUNICATION 5. Discussion regarding amendments to the Code regarding variances. 6. Staff Communication. 7. Adjournment. * * * * * * * * * * * * * * * * * * * * The Planning and Zoning Commission of the City of Cape Girardeau,Missouri,may,as a part of its regulaz 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 attorneys,pursuant to RSMo.Sections 6l 0.021 (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, February 3, 2014. Rezoning and Special Use Permit applications recommended for DISAPPROVAL tonight will be referred to the City Council on Monday,January 21,2014. 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 Tuesday,January 21, 2014. � Development Code Variance applications are decided by the Planning and Zoning Commission. T'hey do not go on to the City Council. \ ' "�.. .�� p�� 401 Independence Cape Girardeau,MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org