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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 12-11-2013 CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION � PLANNING AND ZONING COMMISSION MEETING MINUTES December 11, 2013 City Hall — Council Chambers Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, William Hinckley, Randy Kluge, Ralph Maxton, Scott McClanahan, Doug Spooler, Thomas J. Welch Absent: None 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 November 13, 2013 meeting were unanimously approved upon motion made by Mr. Welch and seconded by Mr. McClanahan. HEARINGS DISCUSSION &VOTING � 1. A public hearing was scheduled 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. The applicant was not in attendance to explain the request and answer questions. A motion was made by Mr. Hinckley and seconded by Mr. Dowdy to table the request to rezone property at 1121 Merriwether Street. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. 2. A public hearing was held on the request of Lance & Cecelia Harris and Kenneth & Donna Wallace to rezone 515 and 521 North Broadview Street from the C-2 (Highway Commercial) District to the RUMD (Residential Urban Mixed Density) District. Mr. Kenneth Wallace, 521 North Broadview Street, explained to the Commission that he attempted to refinance his mortgage, but the lender denied his application because the existing single-family dwelling on the property is not a permitted use under the current zoning. He added that Mr. Lance Harris at 515 North Broadview Street would like to sell his home and is experiencing the same issue with his lender. No one spoke in favor of, or in opposition to, the request. The staff report recommended approval. Mr. Hinckley stated that it appears the request is reasonable and that rezoning the property would resolve the issue with the lenders. Chairman Bertrand recused himself from the discussion and vote for personal reasons. A motion was made by Mr. Maxton and seconded by Mr. Welch to recommend approval of the request to rezone 515 and 521 North Broadview Street from the C-2 (Highway Commercial) District to the RUMD (Residential Urban Mixed Density) District. The motion passed with a vote of 8 in favor, 0 in opposition, and 1 abstaining. � 3. A public hearing was held on the request of Daniel P. and Sally C. Finch to have the property at 259 Cougar Run zoned to the R-1 (Single-family Suburban Residential) District upon annexation into the Cape Girardeau city limits. Mr. Shrimplin explained that Mr. and Mrs. Finch requested water service for the subject property, and per the City's Annexation Planning & Zoning Commission Meeting Minutes December 11, 2013 Page 2 � Plan they were required to execute an annexation petition and an annexation agreement. Both documents have been received, and because the property is contiguous, the City is moving forward with the annexation. Per the Annexation Plan, when a property is annexed into the city limits, it must be assigned a City zoning district. Based on the zoning and land uses on the adjacent properties, staff recommended the property be zoned R-1. No one spoke in favor of, or in opposition to, the request. A motion was made by Mr. Dowdy and seconded by Mr. McClanahan to recommend approval of the request to zone 259 Cougar Run to the R-1 (Single-family Suburban Residential) District. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. 4. A public hearing was held on the request of LL Investment, LLC to rezone 1320 West Cape Rock Drive from the R-4 (Medium Density Multi-family Residential) District to the NC (Neighborhood Commercial) District. Mr. Rob Younghouse, 2537 Bridlepath Court, appeared before the Commission and explained that the property is currently being used as a convenience store with a vehicle fueling station, both of which are non-conforming uses in the R-4 District. He has been working with an appraiser to get the property appraised for a refinancing loan. The lender is requiring that the property be zoned correctly to issue the loan. Mr. Shrimplin stated that in the NC district, a convenience store is a permitted use while a vehicle fueling station is a special use. Mr. Basil Harrison, 1530 Oak Lei Drive, asked for clarification of allowed uses in the NC District. Mr. Shrimplin reviewed the permitted uses and special uses listed in the NC section of the Zoning Ordinance. He reminded the Commission that in considering a rezoning request, the City must evaluate all of the permitted uses in the proposed zoning district, taking into account the existing zoning and land uses of the surrounding properties. Mr. Harrison asked if approval from the � Planning and Zoning Commission would be required if the land use changes in the future. Mr. Shrimplin stated that a change in use would not require a review by the Planning and Zoning Commission as long as the new use is in the list of permitted uses in the NC district. If the use is in the list of special uses, then a Special Use Permit would be required, which would be reviewed by the Commission. No one else spoke in favor of, or in opposition to, the request. The staff report recommended approval. A motion was made by Mr. Glenn and seconded by Mr. Hinckley to recommend approval of the request to rezone 1320 West Cape Rock Drive from the R-4 (Medium Density Multi-family Residential) District to the NC (Neighborhood Commercial) District. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. 5. A public hearing was held on the request of LL Investment, LLC for a Special Use Permit to operate a vehicle fueling station in the NC (Neighborhood Commercial) District at 1320 West Cape Rock Drive. Mr. Rob Younghouse, 2537 Bridlepath Court, was in attendance to answer questions. As mentioned during the rezoning public hearing, Mr. Younghouse was requesting the Special Use Permit to continue the operation of the existing vehicle fueling station on the subject property. No one spoke in favor of, or in opposition to, the request. The staff report recommended approval of the Special Use Permit with the following conditions: 1. This special use shall meet all applicable requirements of the Zoning Ordinance and the Development Code. 2. Major modifications to the special use shall require the approval of the City Council. �i 3. This permit is not transferable without the consent of the City Council. Planning & Zoning Commission Meeting Minutes December 11, 2013 � Page 3 A motion was made by Mr. Dowdy and seconded by Mr. Spooler to recommend approval of the Special Use Permit at 1320 West Cape Rock Drive with the conditions in the staff report. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. 6. A public hearing was held on the request of Willeford J. Stoecker for a variance from Development Code Section 25-604, fence height and surface, at 1 Schonhoff Lane. Mr. Willeford J. Stoecker, 1 Schonhoff Lane, appeared before the Commission and stated that he is requesting the variance to allow him to install a six foot high privacy fence on the north side of his property, which contains a newly constructed home. He added that although Schonhoff Lane does not intersect with Independence Street, according to the Zoning Ordinance, the property is considered a corner lot having two front yards. A fence in the front yard of a residential property is limited to three feet in height and the surface area must be fifty percent open. No one else spoke in favor of, or in opposition to, the request. 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 is a corner lot, with frontage on Schonhoff Lane and Independence Street. The applicant, who owns the property, is proposing to install a 6 � foot tall privacy fence in the front yard along the Independence Street frontage. The property is unique in that the Independence Street frontage is characterized by steep slopes and, in places, dense vegetation. The Schonhoff Lane frontage provides access to the property, and is thus considered the primary frontage. For these reasons, the Independence Street frontage functions like a side yard even though it is considered a front yard per the Zoning Ordinance. This unique condition was not created by the applicant or a previous owner. Criterion #2: The granting of the variance will not adversely affect the rights of adjacent property owners or residents. Findin : Granting the variance will allow the applicant to install a fence that will effectively screen Independence Street traffic from the property and could increase the property value. These effects will benefit the adjacent property owners rather than adversely affect them. 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. Findin : Denial of the variance will preclude the applicant from installing an effective screen along the Independence Street frontage, thus infringing upon his use and enjoyment of the property and creating an unnecessary hardship. � Criterion #4: The requested variance will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Planning & Zoning Commission Meeting Minutes December 11, 2013 Page 4 � Findinq: As stated previously, granting the variance will provide a benefit to the adjacent property owners due to the addition of a screen from Independence Street traffic and the potential to increase property value. The fence will be integrated into the landscape of the property and thus 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 unique condition of the property and the effects of adding a privacy fence to screen the neighborhood from Independence Street traffic 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 both variance requests, subject to the following conditions: 1. A fence permit shall be obtained prior to installation of the fence. 2. The fence shall not contain barbed wire, razor wire, or similar material containing sharp points or edges. 3. The fence shall be properly maintained at all times. If at any time the fence is not properly maintained or is altered in a manner that is inconsistent with the terms of this variance, then this variance shall become null and void. � A motion was made by Mr. Hinckley and seconded by Mr. Maxton to approve the variance request. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. 7. A public hearing was scheduled on the request of Michael Rust for a variance from Development Code Section 25-604, fence height, at 121 Broadway. Chairman Bertrand announced that the public hearing was cancelled because staff had made a determination that a variance was not required. SUBDIVISION PLATS 8. A record plat for Galleria Plaza Subdivision was reviewed by the Commission. The plat combines two commercial lots along Independence Street. Mr. Mark Frankenberg, Buescher Frankenberg Associates, Inc., 103 Elm Street, Washington, MO, appeared before the Commission to answer questions. The staff report recommended approval as submitted. Mr. Dowdy noted that the words "Record Plat of' were missing from the title of the plat. A motion was made by Mr. Dowdy and seconded by Mr. McClanahan to recommend approval of the Galleria Plaza Subdivision record plat with the condition that "Record Plat of' be added to the front of the title of the plat. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. 9. A record plat for Walter White Subdivision was reviewed by the Commission. The plat divides one tract into finro residential lots located at 714 8� 716 South Pacific Street. Mr. Walter White, 460 Mason Street, appeared before the Commission to answer questions. The staff report recommended approval as submitted. Mr. Dowdy recused himself from the � discussion and vote for financial reasons. A motion was made by Mr. Maxton and seconded Planning & Zoning Commission Meeting Minutes December 11, 2013 � Page 5 by Mr. Welch to recommend approval of the Walter White Subdivision record plat as submitted. The motion passed with a vote of 8 in favor, 0 in opposition, and 1 abstaining. Staff Communication Mr. Shrimplin informed the Commission that discussions for the next round of proposed Transportation Trust Fund (TTF) projects will begin early in 2014. Mr. Shrimplin also informed the Commission that Molly Hood was hired as the new Assistant City Manager/Development Services Director. She will start work in early January 2014. Adiournment Upon motion made by Mr. Hinckley and seconded by Mr. Welch, the Commission voted unanimously to adjourn the meeting at 7:30 p.m. Respectfully submi . Rand K e � Secretary �