HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 07-10-2013 CITY Of CAPE GIRARDEAU
� PLANNING & ZONING COMMISSION
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PLANNING AND ZONING COMMISSION
MEETING MINUTES
July 10, 2013
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: Vice Chairman McClanahan called the meeting to order at 7:00 p.m.
The minutes of the June 12, 2013 meeting were unanimously approved upon motion made by
Mr. Glenn and seconded by Mr. Kluge.
� HEARINGS. DISCUSSION &VOTING
_� 1. A public hearing was held on the request of the City of Cape Girardeau to rezone property
along LaSalle Avenue and Veterans Memorial Drive from the C-1 (General Commercial)
District to the M-1 (Light Manufacturing/Industrial) District. Mr. John Mehner, Cape
Girardeau Area MAGNET, spoke on behalf of the City. He explained that the City recently
purchased the property from Southeast Missouri State University Foundation with the
intention of developing a business park. The City and the MAGNET are partnering to
market the property to light industrial businesses that are characterized by self-contained
facilities, such as distribution centers and warehouses. The business park will not contain
heavy industries. No one else spoke in favor of the request. Five individuals spoke in
opposition to the request. Mrs. Dorothy Seyer, 2877 County Road 618, presented a letter for
the record expressing her concerns that the rezoning request is inconsistent with the future
land use of the property as identified in the Comprehensive Plan. Mrs. Vicki Lantz, 2763
County Road 618, explained that she owns the Lazy L Safari Park and is concerned with
truck traffic that will be generated by the business park. She requested that the public
hearing be continued until more information is shared with the public, including a detailed
site plan for the proposed business park. Mr. Mike Ingram, representing the Whispering
Oaks Homeowners Association, expressed concerns that the public was not adequately
informed of the meeting. He also wanted to know which property was being considered for
the rezoning and what is being planned for the property. Mr. Shrimplin stated that a detailed
site plan for the business park has not been prepared, nor is one required for a rezoning
request. Mr. Hinckley added that it is not customary for a site plan to be developed for this
type of project until a business is recruited to the area so that they can determine where
� they would like to locate on the site and how much space they would need. Mr. Shrimplin
stated that the rezoning application and related documents are on file at City Hall and are
available to the public upon request. Mr. Dowdy noted that County Road 618 was not
specifically mentioned in the notice as being part of the rezoning request. He asked Mr.
Ingram how the rezoning would affect his subdivision. Mr. Ingram replied that the main
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Meeting Minutes
July 10, 2013 �
Page 2
access to Whispering Oaks is from County Road 620, but residents of the Meadows of
Whispering Oaks enter their subdivision from County Road 618. Mrs. Patty Schlosser, 2911
County Road 618, stated her opposition to the rezoning request and indicated that she did
not see a notification of the meeting. She also requested that the public hearing be
continued until more information becomes available. Mr. Tom Emmendorfer, 115 Omaka
Springs, stated that he noticed the signs that were posted on the property had fallen down;
also, he was concerned about truck traffic on County Road 618 and felt that a master plan
should be developed so more information should be shared with the public prior to any
action being taken. In response to comments from property owners who stated they did not
receive a notification of the public hearing, Mr. Shrimplin recited Section 30-206(h) of the
City Code which states, "No amendment, supplement, or change of the regulations or
restrictions or boundaries of districts shall become effective until after the City Council has
held a public hearing in relation thereto, at which parties in interest and citizens shall have
an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such
hearing shall be published in a newspaper of general circulation in the city. The City Council
may provide for the posting of notices of the hearing on the tract and for other means of
notifying the public or interested persons of the proceedings." He then stated that the City
Code does not require the Planning and Zoning Commission to hold a public hearing, and
there are no requirements for providing public notice of the hearing. As a courtesy, the
Planning Services Division has made it a standard practice to mail a notice of the Planning
and Zoning Commission public hearing to each adjoining property owner. Additionally,
Planning staff post one or more signs on the subject property containing the date, time,
location and subject of the public hearing. The information on the sign is updated for the �
City Council public hearing after the Planning and Zoning Commission has made its
recommendation. In compliance with Section 30-206(h), a legal notice is advertised in the
Southeast Missourian at least 15 days prior to the City Council's public hearing. Mr.
McClanahan thanked everyone for sharing their concerns and encouraged them to attend
the City Council public hearing. The staff report recommended approval. A motion was
made by Mr. Maxton and seconded by Mr. Hinckley to recommend approval of the request
to rezone property on LaSalle Avenue and Veterans Memorial Drive from the C-1 (General
Commercial) District to the M-1 (Light Manufacturing/Industrial) District. Mr. Glenn recused
himself from the discussion and vote due to a business relationship. Mr. Hinckley
commented that developers have been criticized for not adequately informing property
owners of their intent and it appears that has happened with this request. Mr. Shrimplin
replied that under the Missouri Revised Statues, a rezoning cannot be tied to a site plan. A
rezoning request only has to meet the standard of being "reasonable and in reasonable
conformity with the existing uses and value of the immediately surrounding properties". Mr.
Hinckley reminded everyone that the Planning and Zoning Commission does not make a
decision on the request, only a recommendation to the City Council. He encouraged those
who felt strongly about the issue to attend the City Council meeting where another public
hearing would be held. After the discussion, the motion passed with a vote of 6 in favor, 1 in
opposition, and 1 abstaining. Mr. McClanahan reminded everyone that the City Council
public hearing will be held on August 5, 2013 at 7:00 p.m.
2. A public hearing was held on the request of R-Vision Properties, LLC to rezone property at
720 South West End Boulevard from the R-2 (Single-Family Urban Residential) District to
the R-3 (High Density Single-Family Residential) District. Mr. George Reutzel, 712 South �
West End Boulevard, explained that he and his wife are requesting the rezoning because
they hope to operate a bed and breakfast on the property in the future, which is not
permitted in the current zoning district. A bed and breakfast is a special use in the proposed
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Meeting Minutes
� July 10, 2013
, Page 3
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zoning district. In the meantime, they intend to rent out the house that is located on the
property. No one else 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. Dowdy
to recommend approval of the request to rezone 720 South West End Boulevard from the R-
2 (Single-Family Urban Residential) District to the R-3 (High Density Single-Family
Residential) District. 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 Thomas M. Meyer to rezone property on
Rivermont Drive from the R-4 (Medium Density Multi-Family Residential) District to the
RUMD (Residential Urban Mixed Density) District. Mr. Thomas M. Meyer, 314 North
Lorimier Street, explained that he desires to construct a single-family residence on the
property. He mentioned he has lived in the area for 33 years where there have always been
single-family homes. Mr. John Schneider, 212 North Main Street, representing Lloyd and
Debbie Ivey, One Rivermont Drive, was concerned with the future development of the site
and suggested rezoning the property to R-1 (Single-Family Suburban Residential) instead.
Mr. Shrimplin explained that under the previous Zoning Ordinance, a single-family dwelling
was a permitted use in the R-4 district. This changed when the City adopted a new Zoning
Ordinance in 2010. He added that the RUMD district is more compatible with the
surrounding zoning than the R-1 district. The staff report recommended approval. A motion
was made by Mr. Hinckley and seconded by Mr. Glenn to recommend approval of the
� request to rezone property on Rivermont Drive from the R-4 (Medium Density Multi-Family
r 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.
4. A public hearing was held on the request of Brandon O. Williams to rezone property at 514
Olive Street from the R-4 (Medium Density Multi-Family Residential) District to the R-5 (High
Density Multi-Family Residential) District. Mr. Brandon Williams, 3208 Lakewood Drive,
stated that he would like to construct an apartment building on the site and would like for it
to be rezoned to allow for more dwelling units to be constructed. No one else spoke in favor
of the request. Mr. Steve LeGrand, 3618 Old Hopper Road, requested clarification on the
differences between the R-4 and R-5 zoning districts. Mr. Shrimplin replied that the main
difference is that the R-4 district permits a maximum density of 18 dwelling units per acre,
while the R-5 district permits a maximum density of 30 dwelling units per acre. The staff
report recommended approval. A motion was made by Mr. Hinckley and seconded by Mr.
Glenn to recommend approval of the request to rezone property at 514 Olive Street from the
R-4 (Medium Density Multi-Family Residential) District to the R-5 (High Density Multi-Family
Residential) District. The motion passed with a vote of 8 in favor, 0 in opposition, and 0
abstaining.
5. A public hearing was held on the request of New Cingular Wireless PCS, LLC c/o CIS
Communications for a Special Use Permit to install a temporary telecommunication tower in
the CBD (Central Business) District at 401 Independence Street. Mrs. Marsha Haskell, 351
Silver Springs Road, representing AT&T, explained that the request is to place a temporary
telecommunication tower on the property to be used while a permanent tower is being
� constructed at 418 William Street, if the Special Use Permit is approved for that site. Mr.
Brick Storts, representing CIS Communications at 749 Old Ballas Road, St. Louis, MO,
stated that a 60 foot to 80 foot tower will be used at City Hall instead of the 120 foot tower
requested in the application. He also mentioned that electrical lines will be run to the site for
power. A lease agreement is being finalized for twelve months which will include terms to
Planning & Zoning Commission
Meeting Minutes
July 10, 2013
Page 4 �
return the property to its original condition. Mrs. Haskell added that the goal is to have the
temporary tower in place for the shortest time possible, not to exceed twelve months. No
one else 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. The City shall not be held liable for any damage caused to, or caused by, the special
use. The applicant shall keep and hold harmless the City, its employees, agents,
servants and assigns from and against any and all claims, demands, suits, judgments,
cost and expenses resulting from the special use and the approval thereof.
Furthermore, the applicant shall be held liable for any damage caused by the special
use.
2. Except for the variances granted as part of this permit, the special use shall meet all
applicable requirements of the Zoning Ordinance and the Development Code.
3. Major modifications to the special use shall require the approval of the City Council.
4. This permit shall automatically expire twelve (12) months from the date of issuance if the
use for which it was granted has not commenced.
5. This permit is not transferable without the consent of the City Council.
A motion was made by Mr. Maxton and seconded by Mr. Spooler to recommend approval of �
the Special Use Permit at 401 Independence Street with the conditions in the staff report.
The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining.
6. A public hearing was held on the request of New Cingular Wireless PCS, LLC c/o CIS
Communications for a Special Use Permit to install a temporary telecommunication tower in
the C-1 (General Commercial) District at 3004 Gordonville Road. Mrs. Marsha Haskell, 351
Silver Springs Road, representing AT&T, explained that the request is to place a temporary
telecommunication tower on the property for obtaining data to determine the best location
for a permanent tower in the area. Mr. Brick Storts, representing CIS Communications at
749 Old Ballas Road, St. Louis, MO, agreed to work with Mr. Shrimplin and St. Francis
Medical Center to find a suitable location on the site. No one else 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. The special use shall be located in the grass area on the west side of the parking lot.
2. The special use shall meet all applicable requirements of the Zoning Ordinance and the
Development Code.
3. Major modifications to the special use shall require the approval of the City Council.
4. This permit shall automatically expire twelve (12) months from the date of issuance if the
use for which it was granted has not commenced.
5. This permit is not transferable without the consent of the City Council. �
Planning & Zoning Commission
Meeting Minutes
� July 10, 2013
Page 5
A motion was made by Mr. Welch and seconded by Mr. Dowdy to recommend approval of
the Special Use Permit at 3004 Gordonville Road with the conditions in the staff report. The
motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining.
7. A public hearing was held on the request of Rhodes Properties, LC for a variance from
Development Code Section 25-205(c)(1), improvement of parking areas, at 2311 Bloomfield
Street. Mr. Scott Rhodes, 2301 Bloomfield Street, stated that he is planning to construct an
office/warehouse facility at 2311 Bloomfield Street. The request is being made to permit a
gravel surface directly behind the building to be used for the loading and unloading of small
but heavy construction equipment. The gravel lot would not be visible from the street. Mr.
Chris Koehler, Koehler Engineering at 194 Coker Lane, indicated that the gravel lot would
also aid in water filtration and drainage. 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 applicant is proposing a gravel vehicular surface behind the building due to
the nature of the warehouse items that will be loaded and unloaded. These items
include small construction equipment such as skid steers and small tractors, which will
� be moved using an all terrain forklift. The weight of the equipment and the rotations
required by the forklift would damage a conventional paved surface.
Criterion #2: The granting of the variance will not adversely affect the rights of adjacent
property owners or residents.
Finding: The applicant is requesting an exception to a requirement that applies to other
commercially-zoned properties. Due to the unique circumstances with the proposed
use, however, Staff does not believe the granting of the variance will adversely affect the
adjacent property owners or residents. It should be noted that the applicant owns the
adjacent property to the east and south.
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 will not impose an unnecessary hardship upon the
utilization of the property, however, the variance is being sought in order to avoid a
practical difficulty. The owner will have to pay for frequent repairs to the pavement as a
result of the loading and unloading of the equipment.
Criterion #4: The requested variance will not adversely affect the public health, safety, morals,
order, convenience, prosperity, or general welfare.
� Finding: If the variance is approved, the gravel surface will be screened from the street
by the building. Because of the other improvements on the site, the gravel will not wash
out into the street or onto an adjacent property. Therefore, the granting of the variance
will not adversely affect the public.
Planning & Zoning Commission
Meeting Minutes
July 10, 2013 �
Page 6
Criterion #5: Granting the requested variance will not undermine the general spirit and intent of
the Development Code.
Finding: As stated previously, the intent behind the variance request is to avoid a
practical difficulty. The Development Code requires a vehicular surface that, in the
context of the proposed use, creates a maintenance problem for the applicant. Staff
does not believe the code was intended to create such conflicts.
Based on the above findings, Staff recommended approval of the variance request. A
motion was made by Mr. Dowdy and seconded by Mr. Kluge to recommend approval of the
variance request. The motion passed with a vote of 8 in favor, 0 in opposition, and 0
abstaining.
8. A public hearing was held on the request of Rhodes Properties, LC for a variance from
Development Code Section 25-912, Driveways, at 2311 Bloomfield Street. Mr. Scott
Rhodes, 2301 Bloomfield Street, stated that a site plan was originally submitted showing two
driveways on the subject property. These driveways did not meet the minimum distance
requirement in the Development Code, therefore one driveway was eliminated. A request is
being made to widen the driveway on the adjacent property at 2301 Bloomfield Street to 56
feet to accommodate the necessary truck turning movements. 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 property is unique in that it lacks sufficient frontage to accommodate two
driveways at a distance that complies with the Development Code. The applicant had
initially proposed two driveways, but Staff did not support a variance for driveway
spacing. As such, the applicant is now proposing to share the existing driveway on the
adjacent property to the east (which is also owned by the applicant). In order to
accommodate the necessary truck turning movements, the driveway needs to be
widened beyond the maximum 30 feet per the Development Code.
Criterion #2: The granting of the variance will not adversely affect the rights of adjacent
property owners or residents.
Finding: The variance is being requested in order to avoid a variance that was not
supported by Staff. After reviewing the proposed variance, Staff determined that the
widening of the driveway will not adversely affect the adjacent property owners or
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.
Finding: Denial of the variance will constitute an unnecessary hardship upon the
utilization of the property. The property is zoned C-2, which permits several uses that �
require deliveries by semi trucks. The property lacks sufficient frontage to accommodate
two driveways without a variance. Because Staff does not support a variance for
Planning & Zoning Commission
Meeting Minutes
� , July 10, 2013
Page 7
driveway spacing, the applicant's only recourse is to utilize a shared driveway and obtain
a variance for a driveway width that accommodates the necessary truck turning
movements.
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 allow the applicant to construct a driveway that
is safe and has the necessary clearances for truck traffic. Thus, it 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: As stated previously, the applicant is faced with a hardship due to the lack of
sufficient frontage. In order to reasonably use the property for commercial purposes, he
must obtain a variance. As such, the requested variance will not undermine the spirit
and intent of the Development Code.
Based on the above findings, Staff recommended approval of the variance request. A
motion was made by Mr. Glenn and seconded by Mr. Hinckley to recommend approval of
� the variance request. The motion passed with a vote of 8 in favor, 0 in opposition, and 0
abstaining.
SUBDIVISION PLATS
9. A record plat for Boulder Crest Estates Second was reviewed by the Commission. The plat
combines two lots between Boulder Crest Drive and Megan Drive. Dr. Charles Moon, 1359
North Mount Auburn Road, was in attendance to answer any questions from the
Commission. He explained that the lots are being combined in order to construct a medical
office building and parking lot. The staff report recommended approval as submitted. A
motion was made by Mr. Kluge and seconded by Mr. Dowdy to recommend approval of the
record plat of Boulder Crest Estates Second as submitted. The motion passed with a vote of
8 in favor, 0 in opposition, and 0 abstaining.
10. A record plat for the Resubdivision of Lots 1, 2, & 3 of Carole Rhodes Subdivision was
reviewed by the Commission. The plat reconfigures three existing lots by combining two of
the lots and moving a lot line that is shared with the third lot. Mr. Scott Rhodes, 2301
Bloomfield Street, was in attendance to answer any questions from the Commission. The
staff report recommended approval as submitted. A motion was made by Mr. Kluge and
seconded by Mr. Maxton to recommend approval of the record plat of Resubdivision of Lots
1, 2, & 3 of Carole Rhodes Subdivision as submitted. The motion passed with a vote of 8 in
favor, 0 in opposition, and 0 abstaining.
11. A record plat for Olive Street Subdivision was reviewed by the Commission. The plat
� combines three tracts into one lot at 514 Olive Street. Mr. Brandon Williams, 3208
Lakewood Drive, was in attendance to answer any questions from the Commission. The
— staff report recommended approval as submitted. A motion was made by Mr. Dowdy and
seconded by Mr. Welch to recommend approval of the record plat of Olive Street
Planning & Zoning Commission
Meeting Minutes
July 10, 2013 �
Page 8
Subdivision as submitted. The motion passed with a vote of 8 in favor, 0 in opposition, and 0
abstaining.
OTHER ITEMS AND COMMUNICATION
Staff Communication
Mr. Shrimplin informed the Commission that Governor Jay Nixon signed House Bill 331 and
House Bill 345 into law on Friday, July 5, 2013. The Missouri Municipal League is
commissioning a detailed analysis of the effects of the laws on municipalities. The laws will
have a profound impact on the ability to regulate telecommunication towers and other wireless
infrastructure.
Mr. Shrimplin stated that AT&T and Network Real Estate met with concerned citizens on July 8,
2013 to discuss the Special Use Permit request for a telecommunication tower at 418 William
Street. The City Council held its public hearing on July 1, 2013 but postponed taking action on
the request due to concerns raised at the hearing. The Council will vote on the Special Use
Permit request at the August 5, 2013 meeting.
Adiournment
Upon motion made by Mr. Kluge and seconded by Mr. Dowdy, the Commission voted
unanimously to adjourn the meeting at 8:45 p.m. �
Respectfully submitted,
CJ.�
C�
Ran Kluge
Secretary
�