HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 09-11-2013 �ITY of CAPE GIRARDEAU
PLANNING & ZONING COMMISSION
PLANNING AND ZONING COMMISSION
MEETING MINUTES
September 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
A work session was held at 6:30 p.m. to discuss the request of Dr. Michael J. Jessup for a
variance from the fence regulations at 80 South Plaza Way (The Venue). Mr. Shrimplin
distributed photos of the subject area, including the existing courtyard and fences. He explained
� that this is the third time Dr. Jessup has requested a fence variance for this property. The first
variance request was denied by the Planning and Zoning Commission. The second request
was approved as a temporary fence during restricted hours on a weekly basis (3:00 p.m. Friday
through 11:59 p.m. Sunday). The variance expired because the required fence permit was not
obtained in time, and the fence was being left up throughout the week. The City ordered Dr.
Jessup to have the fence removed. He is now requesting a new variance to install fences in the
front yard along the west, south, and east property lines with a portion extending into the
Merriwether Street right-of-way to enclose a tree inside the courtyard. He explained the request
consists of a permanent 7 '/ foot fence along the west property line; a permanent 8 foot fence
along the east property line; and a permanent 4 foot fence along the south property line. During
the restricted hours, the 4 foot fence would be extended to 7 'h feet by adding a second fence
on top that would attach using pegs and holes. Per the Development Code, fences for
commercial uses are limited to 3 feet in height in the front yard. Mr. Shrimplin stated that a
License and Indemnity Agreement would be necessary for the portion of the fence in the right-
of-way, and that there is a public water main in the right-of-way near the property. Dr. Jessup
acknowledged that the City would not be liable in the event the fence is damaged or removed in
order to access the main, and that he would be responsible for restoring the fence at his own
cost. Several Commissioners expressed concerns over safety and long term appearance of a
fence which would be converted from 4 feet to 7 '/2 feet. Mr. Shrimplin informed the
Commission that they have the option of approving a variance to allow the fence to be 7 '/2 high
permanently. In response to a question, Mr. Shrimplin stated that none of the surrounding
property owners have expressed concerns with the variance request. Several Commissioners
indicated that they would prefer to grant a variance to allow the 7 '/ foot fence along the south
property line on a permanent basis.
� REGULAR MEETING
Call to Order: Chairman Bertrand called the meeting to order at 7:00 p.m.
Planning & Zoning Commission
Meeting Minutes
September 11, 2013
Page 2
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The minutes of the August 14, 2013 meeting were unanimously approved upon motion made by
Mr. Hinckley and seconded by Mr. McClanahan.
HEARINGS. DISCUSSION &VOTING
1. A public hearing was held on the request of Meyr Properties, LP to rezone property along
Baldwin Drive from the C-2 (Highway Commercial) District to the RUMD (Residential Urban
Mixed Density) District. Mr. Chris Koehler, Koehler Engineering & Land Surveying,
explained that the property owner had originally anticipated developing this property for
commercial uses, which was why he had it rezoned from R-1 to C-2 last year. Since that
time, the residential development market has grown, and the owner now wishes to develop
the property for residential uses. No one else spoke in favor of, or in opposition to, the
request. Mr. Shrimplin stated that the property owner intends to construct duplexes and
multifamily dwellings on the property, and that RUMD is the only residential zoning district
that permits both uses. The staff report recommended approval. A motion was made by Mr.
Kluge and seconded by Mr. Glenn to recommend approval of the request to rezone property
along Baldwin Drive from the C-2 (Highway Commercial) District to the RUMD (Residential
Urban Mixed Density) District. 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 Dr. Michael J. Jessup for a variance from
Development Code Section 25-604, fence height, at 80 South Plaza Way. Dr. Jessup, 80
South Plaza Way, appeared before the Commission and explained that he owns The Venue �
which is located on the property. Years ago, he converted a portion of the parking lot into a
courtyard to be used for weddings and other outdoor events. He is seeking the variance in
order to completely enclose the courtyard for aesthetic, privacy, and safety reasons. 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.
Finding: The subject property has frontage on the Merriwether Street right-of-way. This
portion of Merriwether Street terminates just west of the property, intersecting South
Plaza Way, a private street. Across Merriwether Street is the back of the building
formerly occupied by NARS and The Pink Galleon. To the west is Check Please, and to
the east are single family houses. This portion of Merriwether Street has low traffic
volumes and functions as a local street. The applicant is requesting the variance in
order to enclose the courtyard that is adjacent to the right-of-way. The courtyard is used
for weddings and other outdoor events at The Venue. The proposed fence will screen
the street and the back of the NARS building from the activities in the courtyard. These
conditions are unique to the subject property.
Criterion #2: The granting of the variance will not adversely affect the rights of adjacent
property owners or residents.
Finding: The rights of adjacent property owners and residents will not be adversely �
affected by the granting of the variance due to the unique conditions that form the basis
for the variance, as explained above.
Planning & Zoning Commission
Meeting Minutes
� September 11, 2013
Page 3
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.
Finding: Denial of the variance request will constitute an unnecessary hardship upon the
utilization of the property as it pertains to this particular use. The applicant will be limited
to a three (3) foot tall fence in the front yard along Merriwether Street, which will
adversely affect the character and usage of the courtyard.
Criterion #4: The requested variance will not adversely affect the public health, safety,
morals, order, convenience, prosperity, or general welfare.
Finding: The granting of the variance will not adversely affect the public; in fact, it will
result in a more cohesive looking fence for the courtyard, and provide better security for
patrons in the courtyard.
Criterion #5: Granting the requested variance will not undermine the general spirit and
intent of the Development Code.
Finding: The intent of the three (3) foot height limit on fences in the front yard for
commercial uses is to prevent privacy fences along streets that have medium to high
� traffic volumes and are highly visible to the public. As stated above, the subject property
is located on a local street with low traffic volumes and is not highly visible to the public.
This condition, as well as the need to enclose the courtyard for aesthetic and security
reasons, serves as a basis for granting the variance, and therefore would not undermine
the spirit and intent of the Development Code.
Based on the above findings, City staff recommended approval of the variance request,
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.
Based on the discussion that took place in the work session, a motion was made by Mr.
Kluge and seconded by Mr. Hinckley to approve a variance for a permanent 7 '/ foot fence
in the front yard along the west and south property lines, and a permanent 8 foot fence in
the front yard along the east property line, subject to the conditions in the staff report and
with the added condition that the style of the fence along the south property line match that
of the fence along the west property line. Although not a part of the variance, the
� Commission expressed support for the issuance of a License and Indemnity Agreement to
permit the fence to encroach in the Merriwether Street right-of-way in order to enclose the
tree. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining.
Planning & Zoning Commission
Meeting Minutes
September 11, 2013
Page 4
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3. A public hearing was held on the request of Penzel Construction Company, Inc. for a
variance from Development Code Section 25-805, bufferyards, at 3364 Percy Drive. Mr.
Chris Koehler, Koehler Engineering & Land Surveying, explained that Penzel Construction is
redeveloping the Roland Machinery property. Roland Machinery is continuing to operate out
of the existing building while the new building is being built. The request is to reduce the
required bufferyard screening. Instead of installing plantings and a solid barrier as required
by the Development Code, Penzel is proposing to install a 6 foot privacy fence along the
east property line. 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.
Finding: The subject property has been used by an excavation equipment company for
many years. The applicant plans to redevelop the property by demolishing the existing
building and constructing a new building and parking/vehicular surface area for the same
business. The Development Code requires a Type C bufferyard as part of the
redevelopment where it is adjacent to a commercial use or zoning district. This
requirement did not exist when the property was originally developed. Per the code, the
bufferyard is required along the east property line which is adjacent to a property that is
zoned C-2 (Highway Commercial District). The adjacent property is undeveloped. This
combination of circumstances 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.
Finding: The variance request primarily affects the adjacent property to the east, which is
undeveloped. As such, the granting of the variance will not adversely affect an existing
development. The granting of the variance will also not adversely affect the rights of
adjacent property owners, as explained below.
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.
Finding: Based on the length of the east property line, the applicant is required to install
all of the following: twelve (12) small deciduous trees, twelve (12) medium or large
deciduous trees, sixteen (16) conifer trees, eighty (80) shrubs, and a solid barrier
consisting of a six (6) foot tall solid wood fence, solid masonry wall, or continuous
evergreen hedge. Given the fact that this is a redevelopment of an existing industrial
use adjacent to an undeveloped commercially zoned property, these requirements seem
excessive and would appear to impose an unnecessary hardship upon the use of the
property.
Criterion #4: The requested variance will not adversely affect the public health, safety,
morals, order, convenience, prosperity, or general welfare. �
Finding: The applicant is only requesting a variance for the required plantings in the
bufferyard, not for a complete waiver of the bufferyard. The development will still be
Planning & Zoning Commission
Meeting Minutes
September 11, 2013
� Page 5
outside of the twenty (20) foot bufferyard strip, and the applicant will install a six (6) foot
tall solid wood fence that will adequately screen the development from the adjacent
undeveloped property. As such, the granting of the variance will not adversely affect the
public.
Criterion #5: Granting the requested variance will not undermine the general spirit and
intent of the Development Code.
Finding: The type C bufferyard is intended to provide separation and screening of a
manufacturing/industrial use from a commercial or residential use that would otherwise
be adversely affected. In this case, the industrial use has existed on the subject
property for many years, and is adjacent to a property that is zoned commercial but has
no existing use. As stated above, the applicant still intends to provide the bufferyard
with a solid barrier, which given the existing conditions meets the spirit and intent of the
Development Code even without the required plantings.
Based on the above findings, City staff recommended approval of the variance request,
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. Glenn and seconded by Mr. McClanahan to approve the
variance request, subject to the conditions in the staff report. The motion passed with a vote
of 9 in favor, 0 in opposition, and 0 abstaining.
SUBDIVISION PLATS
4. A record plat for Baldwin Village was reviewed by the Commission. The plat subdivides a
tract into nine (9) lots to be developed for duplexes and multifamily dwellings on Baldwin
Drive directly across from Baldwin Place Phases I & II. Mr. Chris Koehler, Koehler
Engineering & Land Surveying, was available for questions from the Commission. The staff
report recommended approval as submitted. A motion was made by Mr. Maxton and
seconded by Mr. Glenn to recommend approval of the Baldwin Village record plat as
submitted. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining.
5. A record plat for a Resubdivision of Lots 1 & 2 of Mt. Auburn Subdivision No. 5 was
reviewed by the Commission. The plat reconfigures two lots at the southwest corner of
Mount Auburn Road and Beavercreek Drive. Lot 1 is developed, and the parking lot crosses
the current interior lot line. The line is being shifted west so that the parking lot is entirely on
� Lot 1. Mr. Chris Koehler, Koehler Engineering & Land Surveying, was available for
questions from the Commission. The staff report recommended approval as submitted. A
motion was made by Mr. Glenn and seconded by Mr. Spooler to recommend approval of the
Planning & Zoning Commission
Meeting Minutes
September 11, 2013
Page 6 �
Baldwin Village record plat as submitted. The motion passed with a vote of 9 in favor, 0 in
opposition, and 0 abstaining.
OTHER ITEMS AND COMMUNICATION
6. The Commission reviewed a request for a 180-day extension of two variances granted to
Marketplace Development, LLC. The variances were for a transfer of wall sign area and a
reduction in the required number of parking spaces at the northeast corner of William Street
and South Ellis Street. The variances, which are valid for 180 days, were approved by the
Commission on March 13, 2013. The applicant is requesting the extension due to delays in
the development schedule for the Family Dollar store planned for the site. A motion was
made by Mr. McClanahan and seconded by Mr. Hinckley to approve the variance extension.
The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining.
7. The Commission reviewed a request for a 180-day extension of a variance granted to TB
Sage Enterprises, LLC for driveway spacing. The variance, which is valid for 180 days, was
approved by the Commission on May 8, 2013. The applicant is requesting the extension due
to delays in development plans. A motion was made by Mr. Kluge and seconded by Mr.
Hinckley to approve the variance extension. The motion passed with a vote of 9 in favor, 0 in
opposition, and 0 abstaining.
Adjournment
Upon motion made by Mr. Dowdy and seconded by Mr. Hinckley, the Commission voted �
unanimously to adjourn the meeting at 7:15 p.m.
Respectfull submitte ,
;
�
and K u
Secretary
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