Loading...
HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 06-12-2013 CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION � PLANNING AND ZONING COMMISSION MEETING MINUTES June 12, 2013 City Hall — Council Chambers Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, William Hinckley, Randy Kluge, Ralph Maxton, Doug Spooler Absent: Scott McClanahan 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 May 8, 2013 meeting were unanimously approved upon motion made by Mr. Hinckley and seconded by Mr. Kluge. HEARINGS, DISCUSSION &VOTING � 1. A public hearing was scheduled 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. No one spoke in favor of, or in opposition to, the request. The staff report recommended approval. The applicant was not in attendance to present the request, therefore, a motion was made by Mr. Hinckley and seconded by Mr. Welch to table the request until such time the applicant could attend to explain the request and answer questions from the Commission. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 2. A public hearing was scheduled on the request of R-Vision Properties, LLC for a Special Use Permit to allow the operation of a bed and breakfast at 720 South West End Boulevard. No one spoke in favor of, or in opposition to, the request. The staff report recommended denial. The applicant was not in attendance to present the request, therefore, a motion was made by Mr. Hinckley and seconded by Mr. Dowdy to table the request until such time the applicant could attend to explain the request and answer questions from the Commission. 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 AT&T Mobility for a Special Use Permit to install a telecommunication tower in the CBD (Central Business) District at 418 William Street. Mr. Dowdy recused himself from the discussion and vote on this matter for financial reasons. Mr. Jeff Allen, Network Real Estate, LLC, appeared before the Commission and explained that AT&T proposes to construct a 50' x 50' compound enclosed by a security fence at 418 William Street. Within the compound would be a 140 foot stealth telecommunication tower, an equipment shelter, and equipment. The tower would be self-enclosed, with all antennas being located inside the pole. In response to the Commission's safety concerns, Mr. Allen � explained that each tower is designed specifically for its location, and ensured the � Commission that the tower would be designed to collapse upon itself in the event of a Planning & Zoning Commission Meeting Minutes June 12, 2013 Page 2 structural failure. Mr. Tom Neumeyer, 25 South Lorimier Street, stated he understood the �,,,,� lack of coverage in the area and the need for a tower, but questioned the type of tower and why it couldn't be co-located or placed on one of the area's church steeples. Ms. Marsha Haskell, AT&T Regional Director, explained that AT&T's first choice is always to co-locate if possible but sometimes for technical reasons it is not feasible. Mr. Allen added that they had looked at existing towers, and the evaluation of different locations started in 2011. Mr. Hinckley asked Mr. Neumeyer what his main concern was. Mr. Neumeyer responded by stating the potential decrease in property values is a big concern. Mr. Kluge stated that the current lack of coverage could also be seen as a detriment to properties values. Mrs. Robin Walker, 133 South Lorimier Street, expressed her concerns regarding the appearance of the tower in the historical area and also the health risk of radiation emitted from the tower being located so close to a school and a church. She asked Mr. Shrimplin if the City would receive any financial gain from the tower. Mr. Shrimplin responded by stating the City has no financial interest in the project. Mr. Sam Blackwell, 143 South Lorimier Street, asked if there are zoning regulations which control the placement of telecommunication towers. Mr. Shrimplin explained the telecommunication towers section of the Zoning Ordinance, and added that they are only allowed in certain zoning districts, and require a Special Use Permit. The staff report recommended approval of the Special Use Permit with the following conditions: 1. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 2. Except for the variances granted as part of this permit, the special use shall meet all applicable requirements of the City Code of Ordinances. � 3. The telecommunication tower shall be painted in a color and shade that blends with the sky. If the applicant chooses a color other than white, a color sample shall be submitted to the staff for approval. 4. If the telecommunication tower is used as a flagpole, it shall be lighted when displaying a flag during non-daylight hours. 5. Major modifications to the special use shall require the approval of the City Council. 6. This permit is not transferable without the consent of the City Council. A motion was made by Mr. Hinckley and seconded by Mr. Maxton to recommend approval of the Special Use Permit at 418 William Street with the conditions in the staff report. The motion passed with a vote of 7 in favor, 0 in opposition, and 1 abstaining. SUBDIVISION PLATS 4. A record plat for Joan Gohn Subdivision was reviewed by the Commission. Mr. Dowdy recused himself from the discussion and vote on this matter for financial reasons. Mr. Tim Sander, Dowdy Surveying, was in attendance to answer any questions from the Commission. There being no questions, a motion was made by Mr. Glenn and seconded by Mr. Spooler to recommend approval of Joan Gohn Subdivision Record Plat as submitted. The motion passed with a vote of 7 in favor, 0 in opposition, and 1 abstaining. � Planning & Zoning Commission Meeting Minutes June 12, 2013 Page 3 � 5. A record plat for J. and M. Subdivision was reviewed by the Commission. A motion was made by Mr. Maxton and seconded by Mr. Welch to recommend approval of J. and M. Subdivision Record Plat as submitted. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 6. A record plat for Cape West 14th Subdivision was reviewed by the Commission. A motion was made by Mr. Kluge and seconded by Mr. Spooler to recommend approval of Cape West 14th Subdivision Record Plat 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 the Missouri legislature recently passed a bill that pre-empts local regulation of telecommunication facilities. The bill is currently on the Governor's desk. If signed into law, the City's Zoning Ordinance would have to be amended to remove the regulations pertaining to telecommunication towers. Mr. Shrimplin stated that Section 106 of the National Historic Preservation Act requires any federally funded or licensed project to be reviewed by the Advisory Council on Historic Preservation, acting through the State Historic Preservation Office (SHPO). This includes telecommunication facilities, which are FCC licensed. As provided for in Section 106, the Historic Preservation Commission will be reviewing two telecommunication projects on June � 19th. One of the projects is the proposed telecommunication tower at 418 William Street that the Planning and Zoning Commission just reviewed. The other is for proposed antenna upgrades at the top of the KFVS building on Broadway. The Historic Preservation Commission will review the projects for potential impacts on the surrounding historic properties. Their comments will be forwarded to the applicants and SHPO. Adiournment Upon motion made by Mr. Hinckley and seconded by Mr. Glenn, the Commission voted unanimously to adjourn the meeting at 7:15 p.m. Respectfully submitted, Ran uge Secretary �