HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 03-14-2012 �TY Of CAPE GIRARDEAU
PLANNING fi ZONING COMMISSION
PLANNING AND ZONING COMMISSION
MEETING MINUTES
March 14, 2012
Present: Trae Bertrand, Raymond Buhs, William Hinckley, Randy Kluge, Ralph Maxton,
Scott McClanahan, Marcia Ritter and Thomas J. Welch
Absent: Wayne Bowen
Staff Present: Carol Peters and Ryan Shrimplin
Call to Order: Chairman Bertrand called the meeting to order at 7:00 p.m.
Approval of Minutes
The minutes of the January 11, 2012 meeting were unanimously approved upon motion made
by Mr. Buhs and seconded by Mr. Welch.
Public Hearinqs
� 1. A Public Hearing was held for the request of H & S Investments, LLC to rezone property
at 2021 Perryville Road from the R-4 (Medium Density Multifamily Residential) District to
the NC (Neighborhood Commercial) District. Mr. Phillip Smith, an architect representing
Mr. Kevin Stanfield and H & S Investments, explained to the Commission that this
property existed as a commercial use when it was brought into the City. The request to
rezone the property is an attempt to place the property into a more appropriate district
according to the new Zoning Ordinance. Mr. Shrimplin added the intention is to rezone
the property to a district which allows the use by right or with a special use permit. Mr.
Dave Soto, property manager for Zain II, LLC who owns the adjacent apartment
buildings, spoke in opposition to the request. He explained there is currently a nail salon
and construction business operating out of the strip center. He stated there have been
problems with the tenants utilizing the apartment building parking spaces and also
problems with them using their trash dumpsters. Chairman Bertrand explained that the
request to rezone the property would not address those problems. Mr. Shrimplin
expressed that staff could assist Mr. Soto with his concerns and reiterated that the
rezoning request would just allow the commercial use by right, and that the
Commission's vote on this public hearing is a separate matter from the trash and parking
issues.
2. A Public Hearing was held for the request of H & S Investments, LLC to rezone property
at 2017 Perryville Road from the R-1 (Single Family Suburban Residential) District to the
NC (Neighborhood Commercial) District. Mr. Phillip Smith explained to the Commission
the request to rezone this property is also an attempt to place the property into a more
appropriate district according to the new Zoning Ordinance.
� 3. A Public Hearing was held for the request of H & S Investments, LLC to rezone the
vacant lot just west of 2017 Perryville Road along Lexington Avenue from the R-1
(Single Family Suburban Residential) District to the C-1 (General Commercial) District.
Mr. Phillip Smith presented the Commission with a site plan for a proposed car wash on
Planning & Zoning Commission
Meeting Minutes
March 14, 2012
Page 2 ( �
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the site. The proposed car wash would consist of one automatic wash bay, three self
serve wash bays, and two vacuum stations. There would be a single driveway, on
Lexington Avenue. A variance is being requested to reduce the 20' required bufferyard
to a 15' and 17' bufferyard area with a 6 foot wood privacy fence included. Mr. Shrimplin
explained the C-1 district is being requested because a car wash is not allowed in the R-
1 district, but is an allowed use in the C-1 district with a Special Use Permit. Chairman
Bertrand clarified that for the development to move forward the Commission would need
to recommend approval for this rezoning and also Agenda Item #5, the Special Use
Permit request. Mr. Smith added that the proposed plans are to construct a building
which resembles the adjacent Wink's convenience store with a shingled roof and brick
facade. Mr. Hinckley questioned the distance between the entrances. Mr. Smith
estimated the distance to be between 75 and 80 feet. Mr. Shrimplin reported that Mr.
Stanfield and Mr. Smith have met with staff on a couple of occasions to review the site
plans. Staff is recommending approval with variances for the driveway spacing,
bufferyard, fencing, and stacking requirements. He also mentioned that staff is
recommending any signage for the site be limited to the requirements allowed in the NC
district, not the C-1 district. Mr. Soto spoke in opposition to this request. He was glad to
hear there would be a bufferyard requirement to help alleviate some of the noise
concerns from the vacuums. However, he was still concerned with the traffic from the car
wash and the effect a car wash would have on the property value of the residential
buildings in the area.
4. A Public Hearing was held for the request of H & S Investments, LLC to obtain a Special t ,�
Use Permit to operate a vehicle fueling station in an NC District at 2017 Perryville Road. ��
Mr. Smith spoke for H & S Investments and explained the current Special Use Permit
was granted in 2006 authorizing a gas station in the R-1 District. Per the new Zoning
Ordinance, a vehicle fueling station is not an allowed use in the R-1 District even with a
Special Use Permit. Therefore, it is subject to the non-conforming uses section of the
zoning ordinance and the goal of the rezoning is to eliminate that non-conforming status.
No one spoke in opposition to the request.
5. A Public Hearing was held for the request of H & S Investments, LLC to obtain a Special
Use Permit to construct and operate a car wash in a C-1 District on Lexington Avenue,
just west of 2017 Perryville Road. Mr. Smith explained the lot is adjacent to the Wink's
convenience store and again mentioned there would be a bufferyard and privacy fence
as part of the development. Mr. Soto spoke in opposition to the request and mentioned
that the neighboring apartment buildings are two stories in height and while the fence
would help some, the car wash would still be visible to those tenants.
6. The Public Hearing for a Variance request from Section 25-604 of the Development
Code at 2130 Merriwether Street to construct a fence in the front yard which exceeds the
maximum height standards was cancelled. The property owner, Carl Eyre, requested
that the request remain tabled from the October, 2011 Planning and Zoning Commission
meeting.
7. A Public Hearing was held on an Amendment to the Zoning Ordinance in reference to
approval of Certificate of Appropriateness applications. Mr. Shrimplin explained the �
proposed amendment would allow staff to approve Certificate of Appropriateness
applications in emergency situations and for temporary signs. He reported the Historic
Preservation Commission recommended approval of the amendment at its February,
Planning & Zoning Commission
Meeting Minutes
� March 14, 2012
Page 3
2012 meeting. If the Planning and Zoning Commission recommends approval, the City
Council would hold a public hearing and take final action at the April 2, 2012 meeting.
Chairman Bertrand explained that staff would basically be making the same decision,
but in a more timely manner. Mr. Shrimplin added that the staff approval would only be
necessary in time sensitive situations.
Public Hearina Discussion &Votinq
1. The Commissioners discussed the request of H & S Investments, LLC to rezone
property at 2021 Perryville Road from the R-4 (Medium Density Multifamily Residential)
District to the NC (Neighborhood Commercial) District. Mr. Hinckley expressed his
concerns with rezoning a property when it isn't necessary; stating if the businesses close
then it opens it up to other commercial uses even though it is in a residential area. Mr.
Maxton asked if there would be parking requirements which would have to be met if it
was rezoned to NC. He passes by the area and often notices a full parking lot. Mr.
Shrimplin explained there are parking requirements in the Development Code, but they
are based on type of use rather than zoning district. He also explained that the
Neighborhood Commercial District was established to allow small scale retail and
service uses that primarily serve the surrounding neighborhoods, with restrictions on
square footage, architectural design, lighting, and other characteristics so as to alleviate
any adverse impact on the neighborhoods. A motion was made by Mr. Bertrand and
seconded by Mr. Hinckley to recommend approval of the request to rezone the property
at 2021 Perryville Road from the R-4 (Medium Density Multifamily Residential) District to
� the NC (Neighborhood Commercial) District. The motion failed with a vote of 4 in favor, 4
in opposition and 0 abstaining.
2. The Commissioners discussed the request of H & S Investments, LLC to rezone
property at 2017 Perryville Road from the R-1 (Single Family Suburban Residential)
District to the NC (Neighborhood Commercial) District. Mr. Hinckley stated that when
the current Special Use Permit for Wink's convenience store and gas station was
granted in 2006, the residents in the area had some protection in that it would revert
back to R-1 if Wink's closed. His concerns are if the property is rezoned and Wink's
closes it opens up the property to other commercial uses. Mr. McClanahan added that
when the owner of Wink's received the Special Use Permit, the NC District did not exist.
A motion was made by Mr. Buhs and seconded by Mr. McClanahan to recommend
approval of the request to rezone the property at 2017 Perryville Road from the R-1
(Single Family Suburban Residential) District to the NC (Neighborhood Commercial)
District. The motion passed with a vote of 5 in favor, 3 in opposition and 0 abstaining.
3. The Commissioners discussed the request of H & S Investments, LLC to rezone the
vacant lot just west of 2017 Perryville Road along Lexington Avenue from the R-1
(Single Family Suburban Residential) District to the C-1 (General Commercial) District.
Mr. Hinckley stated Wink's has gone from a small gas station to a big gas station and
now they want to expand commercial activities even more with a car wash, but it is still a
residential area. A motion was made by Mr. McClanahan and seconded by Mr. Hinckley
to recommend approval of the request to rezone the vacant lot just west of 2017
Perryville Road along Lexington Avenue from the R-1 (Single Family Suburban
� Residential) District to the C-1 (General Commercial) District. The motion failed with a
vote of 3 in favor, 5 in opposition and 0 abstaining.
Planning & Zoning Commission
Meeting Minutes
March 14, 2012
Page 4 �
4. The Commissioners discussed the request of H & S Investments, LLC to obtain a
Special Use Permit to operate a vehicle fueling station in an NC District at 2017
Perryville Road. Mr. McClanahan questioned if there were restrictions on the hours of
operation as part of the current Special Use Permit. Mr. Shrimplin read the conditions of
the current permit, which did not contain a restriction on the hours of operation. Mr.
Smith stated the owner would prefer not to restrict the hours. A motion was made by Mr.
Hinckley and seconded by Mr. Maxton to recommend approval of the request for a
Special Use Permit at 2017 Perryville Road to operate a vehicle fueling station in an NC
District with the condition that the hours of operation be restricted to 6:00 a.m. to 10:00
p.m. The motion passed with a vote of 6 in favor, 2 in opposition and 0 abstaining.
5. The Commissioners discussed the request of H & S Investments, LLC to obtain a
Special Use Permit to construct and operate a car wash in a C-1 District on Lexington
Avenue, just west of 2017 Perryville Road. Since the rezoning request for this parcel
was not recommended for approval there wasn't any discussion on this Special Use
Permit request. A motion was made by Mr. Kluge and seconded by Mr. McClanahan to
recommend approval of the request for a Special Use Permit to construct and operate a
car wash in a C-1 District on Lexington Avenue, just west of 2017 Perryville Road. The
motion failed with a vote of 0 in favor, 8 in opposition and 0 abstaining.
6. The Public Hearing for the variance request at 2130 Merriwether was cancelled.
Therefore, no discussion was held.
7. The Commissioners discussed the amendments to the Zoning Ordinance in reference to �
approval of Certificate of Appropriateness applications. Mr. Hinckley asked for
clarification of the appeals process. Mr. Shrimplin informed the commission that there is
one level of appeal per process. A motion made by Mr. McClanahan and seconded by
Mr. Maxton to recommend approval of the amendments to the Zoning Ordinance in
reference to approval of Certificate of Appropriateness applications. The motion passed
with a vote of 7 in favor, 1 in opposition and 0 abstaining.
Subdivision Plats
8. Walden Park Phase 3 Record Plat was presented to the Commission for their
consideration. Mr. Shrimplin reported a revised plat had been received, which addressed
all of the staff review comments except for the submission of a stormwater management
plan, which is necessary in order to determine if Lot 81A can change from a common
ground detention pond to a buildable lot. He also noted that the developer wishes to
complete the improvements before sending the plat to the City Council for approval. A
motion made by Mr. McClanahan and seconded by Mr. Hinckley to recommend approval
of the Walden Park Phase 3 Record Plat with the condition that a stormwater
management plan is submitted for approval. The motion passed with a vote of 8 in favor,
0 in opposition and 0 abstaining.
9. Williamsburg Preliminary Plat was presented to the Commission for their consideration.
Mr. Shrimplin reported a revised plat had been received which addressed all of the staff
review comments except that street lights were not shown for the entire subdivision, and
the legal descriptions on the revised plat have not yet been checked for accuracy. Mr.
Bertrand noted that the original plat submitted contained only one entrance into the �
subdivision, which has been addressed with the revised plat containing two entrances. A
motion made by Mr. Kluge and seconded by Mr. Maxton to recommend approval of the
Planning &Zoning Commission
Meeting Minutes
� March 14, 2012
Page 5
Williamsburg Preliminary Plat with the condition that the street lights for the entire
subdivision are shown on the plat and the legal descriptions properly close. The motion
passed with a vote of 7 in favor, 1 in opposition and 0 abstaining.
Other Items and Communication
Staff Communication
10. Mr. Shrimplin discussed two items that will appear on the agenda for the April 11, 2012
regular meeting. The first item is the zoning of numerous properties that are proposed to
be annexed into the City. These properties are currently receiving City services, and the
owners have submitted signed annexation petitions. The City Council will vote on
accepting the petitions at its March 19, 2012 regular meeting. If accepted, the properties
will need to be assigned a City zoning district, and a public hearing will be scheduled for
the April 11th Planning and Zoning Commission meeting. The second item is a variance
request by Menards for its property at 535 Siemers Drive. The request is to increase the
sign face area of its pylon sign from 400 square feet to 700 square feet, and to increase
the electronic message portion of the sign from 67 square feet to 300 square feet.
Adiournment
Upon motion made by Mr. Buhs, seconded by Mr. McClanahan, the meeting was adjourned
unanimously at 8:10 p.m.
� Respectfully submitte ;
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Randy Kluge
Secretary
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