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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 06-13-2012 �TY Of CAPE GIRARDEAU PLANNING & 20NING COMMISSION PLANNING AND ZONING COMMISSION MEETING MINUTES June 13, 2012 Present: Trae Bertrand, Wayne Bowen, Raymond Buhs, William Hinckley, Randy Kluge, Ralph Maxton, Marcia Ritter and Thomas J. Welch Absent: Scott McClanahan Staff Present: Kelly Green, Carol Peters and Ryan Shrimplin Call to Order: Chairman Bertrand called the meeting to order at 8:00 p.m. Apqroval of Minutes The minutes of the May 9, 2012 meeting were unanimously approved upon motion made by Mr. Bowen and seconded by Mr. Kluge. Public Hearinqs � 1. A Public Hearing was held on the request of Holshouser Rentals, LLC, Imogene Tucker & Theresa Borneman, Larry M. Schloss, et al, and William M. & Theresa Borneman to rezone property at 213, 229, 231 and 247 North Clark Avenue from the M-1 (Light Manufacturing/Industrial) District to the RUMD (Residential Urban Mixed Density) District. Mr. Bertrand stated that Holshouser Rentals, LLC, which owns 213 North Clark Avenue, submitted a request to withdraw from the rezoning. Mrs. Brenda Schloss explained to the Commission that the properties included in the rezoning request are all single-family homes. She further explained that she and her husband would like to sell their property at 231 North Clark Avenue as a residence, but the buyer can't obtain a loan from the bank due to its legal nonconforming status. No one spoke in favor of or opposition to the request. A motion was made by Mr. Bowen and seconded by Mr. Welch, to recommend approval of the rezoning request for 229, 231 and 247 North Clark Avenue from the M-1 (Light Manufacturing/Industrial) 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 Rick Sinclair, representing the Cove at Whispering Oaks, LLC, to rezone 585 Silverado Trail from the R-1 (Single-Family Suburban Residential) District to the C-1 (General Commercial) District. Mr. Sinclair explained the property contains a commercial building which was once used as a club house for the Whispering Oaks neighborhood. The property owner wishes to sell the property and he would like to market it for commercial use. Mr. Sinclair indicated that when the rezoning application was filed, he was not aware of the NC (Neighborhood Commercial) district regulations. Mr. Sinclair indicated the NC (Neighborhood /� Commercial) district would be an appropriate district for the property and would still allow � � him to market it as a commercial building. He clarified that the swimming pool, tennis courts and soccer fields are on a separate parcel in the county and are not part of the rezoning application. Mr. Mike Ingram, 136 Oak Glenn, spoke in opposition to the request. Mr. Ingram questioned the posting requirements for public hearing notices. Mr. Planning & Zoning Commission Meeting Minutes June 13, 2012 Page 2 � Shrimplin stated there is not a requirement to post a notice on the property, but letters are sent to the adjacent property owners and a notice is posted in the newspaper. Mr. Ingram asked for clarification on which zoning district is being requested. Mr. Shrimplin explained that the original application was filed requesting the C-1 (General Commercial) district, but staff is recommending the property be rezoned to the NC (Neighborhood Commercial) district. Mr. Ingram asked Mr. Sinclair if he could tell what a potential buyer would use the building for. Mr. Sinclair indicated there aren't any potential buyers at this time. He wants to have the zoning changed so that he could market the building. Mr. John Townsend, 225 Castle Rock, wanted to confirm the tennis courts and soccer fields were not part of the property in question. Mr. Sinclair confirmed the property including the tennis courts and soccer fields is for sale, but is not part of this rezoning request since that parcel is in the county. Mr. Townsend expressed his concerns with the future plans for the tennis courts and stated he would like to see that property annexed into the City. Mr. Don Hopper, 130 LaTerra, also expressed his concerns about the tennis court property not being in the City limits. Ms. Mary Ann Vogelsang, 341 Omaka Springs, spoke in opposition to the request. She asked if a visual inspection of the property is required prior to making a recommendation. Mr. Bertrand informed her that an inspection of the property was not required. She was concerned with the type of business which might occupy the building. Mr. Shrimplin reviewed the permitted uses in a NC district. He pointed out that even though the zoning district allows many types of businesses, a lot of those businesses may not be feasible for that building. A motion was made by Mr. Hinckley and seconded by Mr. Kluge to amend the rezoning request from the C-1 (General Commercial) District to the NC (Neighborhood Commercial) District. The � Commission discussed the request. Mr. Hinckley was unsure why this property wasn't rezoned when it was annexed into the city and stated he could see that there would be businesses that the property owners in the area wouldn't want in that area. Mr. Bertrand realized that if the property isn't rezoned there would be no way to market the building. Ms. Ritter questioned how many lots and/or residences were in the area. It was mentioned there were 38 lots in the Whispering Oaks Subdivision and 22 developed lots in the Meadows of Whispering Oaks Subdivision. The motion to rezone 585 Silverado Trail to the NC (Neighborhood Commercial) District passed with a vote of 7 in favor, 1 in opposition, and 0 abstaining. 3. A Public Hearing was held on the request to transfer ownership of a Special Use Permit for a telecommunication tower and equipment building at 755 South Kingshighway from Rhodes Development Company, LLC to the SEMO Alliance for Disability Independence Foundation, Inc. (SADI). Mr. Scott Rhodes, representing Rhodes Development Company, LLC and Ms. Mikki Gudermuth, SADI Executive Director, presented their request to the Commission. Mr. Rhodes explained that Rhodes Development, LLC has a Special Use Permit for a telecommunication tower and equipment building at 755 South Kingshighway. This property was recently sold to SADI and they would like to transfer the Special Use Permit for the existing cell phone tower. Mr. Shrimplin mentioned an email received from Ms. Nancy Browne requesting the new Special Use Permit be issued to both SADI and Cingular Wireless PCS. Mr. Shrimplin reviewed the revised conditions for the Special Use Permit which included a condition that any tower no longer in use for a telecommunications purpose shall be removed at the owner's expense within six (6) months and the owner shall provide the City with a copy of the � notice to the FCC of intent to cease operations. Mr. Rhodes requested that the wording be changed to "within a reasonable time frame". He also requested the requirement to supply a copy of the FCC notice be eliminated from the Special Use Permit. Mr. Planning & Zoning Commission Meeting Minutes � June 13, 2012 Page 3 Shrimplin indicated these conditions were from the City Ordinance referencing telecommunication towers and therefore would need to be included. However, the City could offer an extension to the six month requirement if necessary. No one spoke in favor or opposition to the request. Mr. Bertrand felt Mr. Rhodes made some good points and supported the suggested amendments. A motion was made by Mr. Hinckley and seconded by Mr. Bowen, to recommend the transfer of ownership of a Special Use Permit for a telecommunication tower and equipment building at 755 South Kingshighway from Rhodes Development Company, LLC to SEMO Alliance for Disability Independence Foundation, Inc. and Cingular Wireless PCS with the following conditions: 1) The entire facility comprising the special use shall be fenced in accordance with the Development Code. 2) If the telecommunication tower is used as a flagpole, it shall be lighted when displaying a flag during non-daylight hours. 3) The special use shall meet all applicable requirements of the Zoning Ordinance and the Development Code. The special use shall be subject to Section 30-404(a)(7) of the Zoning Ordinance pertaining to telecommunication facilities that are no longer in use. 4) Substantial modifications to the special use shall require the approval of the City Council. 5) This permit is not transferable without the consent of the City Council. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 4. A Public Hearing was held on a variance request from CWC-RE Holdings, LLC to exceed the exterior lighting standards in Sec. 25-303 of the Development Code at 425 � South Mt. Auburn Road. Mr. Jeff Mauer, CWC-RE Holdings, LLC, presented the request to the Commission. He explained there were two variances being requested. One for the perimeter lighting and one for the overall average illumination level. Mr. Maurer indicated they had never had a problem with the lighting at their other stores and felt there were three issues to be considered: 1) the plan for this site is less than their previous two convenience stores constructed in Cape Girardeau on North Kingshighway and South Sprigg Street; 2) All commercial buildings can't be considered equal; and 3) the support of the neighbors. Mr. Maurer showed the Commission a photometric plan which was completed on their last two stores which showed the illumination higher than that planned for 425 South Mt. Auburn Road. He presented the Commissioners a letter in support of the variance which was signed by all the adjoining property owners. No one spoke in favor or opposition to the request. A motion was made by Mr. Bowen and seconded by Mr. Hinckley, to approve the variance requests to allow illumination levels to 1.5 footcandles along the perimeter of the property and to allow an average overall illumination level of 9.7 footcandles in the parking lot. Mr. Welch questioned if this lighting level would cause any traffic issues at night with the building being lower than the street. Mr. Shrimplin didn't see that there would be any issues with glare from the lighting since LED lights were being proposed. Mr. Bertrand stated that Mr. Maurer had made some good points and in this case he had 100% of the property owner's support for the variance which shows that it may be worth revising this portion of the code and taking into consideration the different types of businesses. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 5. A Public Hearing was held on the zoning of properties to be annexed to the City. Mr. � Shrimplin explained that this was the second group of contiguous properties to be annexed into the City limits this year. Most of the properties being presented represent the Wild Horse Creek Ranch Subdivision which was originally presented to the Commission in April. However, the subdivision was removed from the last process to allow time for staff to meet with the property owners to address their concerns. The Planning & Zoning Commission Meeting Minutes June 13, 2012 Page 4 � property owners in the Wild Horse Creek Ranch Subdivision and other properties along County Road 618 have requested to be zoned in the RE (Rural Estate Residential) District and the property at 2522 Boutin Drive is requesting the R-1 (Single-Family Suburban Residential) District. Mrs. Laura Bennett, 258 Ashley Drive, thanked Mr. Shrimplin and Mrs. Casey Brunke, City Engineer, for meeting with the property owners of Wild Horse Creek Ranch Subdivision and for his assistance in addressing their concerns. A motion was made by Mr. Bowen and seconded by Mr. Hinckley to recommend approval of the proposed zoning districts as presented. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. Subdivision Plats 6. A record plat for Crown Second Subdivision was presented to the Commission for their consideration. Mr. Shrimplin explained the plat consists of two existing lots which are being resubdivided. Lot 1 has a parking area in the rear which extends onto Lot 2. Lot 1 and the commercial parking area are zoned C-2. The remainder of Lot 2 is zoned R-5. The lots are being subdivided to align with the zoning boundaries. A motion was made by Mr. Bowen and seconded by Mr. Kluge to recommend approval of the Crown Second Subdivision Record Plat. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 7. A record plat for the Resubdivision of Lots P22, P23 & P24 of the Lochs at Dalhousie - Corrected Amended was presented to the Commission for their consideration. Mr. Chris Koehler explained that the plat consists of three lots being converted into two lots. The � home built on Lot P22 extends beyond the lot line. To correct that issue part of Lot P23 was added to Lot P22. The remainder of Lot P23 is being combined with Lot P24. A motion was made by Mr. Bowen and seconded by Mr. Maxton to recommend approval of the Resubdivision of Lots P22, P23 & P24 of the Lochs at Dalhousie - Corrected Amended Record Plat. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 8. A record plat for Oak Hills 2"d Subdivision was presented to the Commission for their consideration. Mr. Shrimplin explained the plat consists of two lots at the corner of Perryville Road and Cape Rock Drive that are being resubdivided. Lot 1 is a landlocked parcel in which a majority of the driveway is located on Lot 2, which is being transferred from the Cape Special Road District to the City of Cape Girardeau. The City intends to transfer a portion of Lot 2 to Lot 1 to allow street frontage for Lot 1 and eliminate the landlocked condition. The City will retain utility easements to access the booster station and water and sewer lines running through the property. A motion was made by Mr. Hinckley and seconded by Mr. Buhs to recommend approval of the Oak Hills 2nd Subdivision Record Plat. The motion passed with a vote of 8 in favor, 0 in opposition, and 0 abstaining. Other Items and Communication Staff Communication Mr. Shrimplin reported the annexation for the first group of contiguous properties became effective June 1, 2012. � Mr. Hinckley mentioned a copy of a letter which was received from Mr. Carl Eyre stating his desire to withdraw the variance request which was tabled in October, 2011. Planning & Zoning Commission Meeting Minutes /""'� June 13, 2012 � � Page 5 Adiournment Upon motion made by Mr. Bowen and seconded by Mr. Buhs, the meeting was adjourned unanimously at 9:15 p.m. Respectfully submitted, � �� Trae Bertrand Chairman � �