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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 11-09-2011 CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION � PLANNING AND ZONING COMMISSION MEETING MINUTES November 9, 2011 Present: Wayne Bowen, Raymond Buhs, William Hinckley, Randy Kluge, Scott McClanahan, Marcia Ritter and Thomas J. Welch Absent: Trae Bertrand, Ralph Maxton Staff Present: Martha Brown, Kelly Green, Carol Peters, and Ryan Shrimplin Call to Order: Chairman Hinckley called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the October 12, 2011 meeting were unanimously approved upon motion made by Mr. Bowen and seconded by Mr. Welch. Public Hearinqs 1. A Public Hearing was held for the variance request presented by Dr. Michael Jessup for � the construction of a fence which exceeds the maximum height standards in a front yard in the 2100 Block of Merriwether Street. Dr. Jessup informed the Commission he is the owner of The Venue at 80 South Plaza Way. This property extends to the 2100 Block of Merriwether Street where he recently added a courtyard to the facility for banquet uses. He showed photos of the newly constructed courtyard and fence. Dr. Jessup stated he received approval from Tim Morgan to construct a fence with the only problem being that the fence would be in the setback area for Merriwether Street. A fence was constructed, but the portion which was in the City right-of-way has been removed. He further explained he would like to construct the fence approximately 18' off the street in alignment with the neighboring business, Check Please. Dr. Jessup explained, by his interpretation of the zoning ordinance, the proposed location of the fence is in a side yard of a commercial district which allows an eight foot high fence and has no set back requirements unless it abuts a residential district. Ms. Brown stated the City Attorney made the determination that the lot facing Merriwether Street is considered a front yard. She also explained that if the fence were to be constructed as Dr. Jessup prefers, it would be over a water line and would require a License and Indemnity Agreement approved by the City Council. Dr. Jessup indicated he understood that if there was ever a problem with the water line he would be responsible for the removal of the fence. Dr. Jessup mentioned there is a tree approximately 10-12 feet from the street which he would like to utilize in the courtyard. Therefore, the plan would be to enclose the tree with the fence and then go down to the 25' setback within 25-30 feet from the tree. Mr. Shrimplin and Ms. Brown reminded the Commissioners that even though Dr. Jessup's comments were regarding the placement of the fence, the variance request being considered was for the height of a fence in the front yard. If the height of the fence was � 4 r � 401 Independence Cape Girardeau,MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org Planning & Zoning Commission Meeting Minutes November 9, 2011 Page 2 � approved a request would still need to be presented to the Board of Adjustment for the placement of the fence in the City right-of-way. Ms. Brown also reminded the Commissioners that to have a variance approved all the criteria of the findings of fact and conclusion of law form must be met. No one spoke in favor or opposition to the request. The Planning and Zoning Commission, via motion made by Mr. Bowen and seconded by Mr. Buhs, denied the variance request to construct a fence exceeding the maximum height standards for a front yard with a vote of 3 in favor, 4 in opposition and 0 abstaining. 2. A Public Hearing was held to consider a rezoning request from Kevin and Dominique Priester to rezone property at 340 South Lorimier Street. Mr. Priester explained to the Commission that he would like to renovate his property to hold a coffee shop in the lower level with a residence in the upper level. The property is currently zoned C-1 (General Commercial) which does not allow for a residence. He mentioned that he spoke with the neighboring property owners and has received no opposition to the request. No one spoke in favor or opposition to the request. The Planning and Zoning Commission, via motion made by Mr. Bowen and seconded by Mr. McClanahan, voted to recommend approval of the request to rezone property at 340 South Lorimier Street from C-1 (General Commercial) to CBD (Central Business) District with a vote of 7 in favor, 0 in opposition and 0 abstaining. 3. The Deevers Farm Second Subdivision Record Plat was reviewed by the Planning and Zoning Commission. The Commission, via motion made by Mr. McClanahan and � seconded by Mr. Kluge, voted to recommend approval of the Deevers Farm Second Subdivision Record Plat with a vote of 7 in favor, 0 in opposition and 0 abstaining. 4. Ms. Brown informed the Planning and Zoning Commission that the Development Code Committee recently reviewed Article VI of the Development Code referencing fences. Ms. Brown explained the proposed revisions would make clarifications to Sec. 25-604 — Location, type and height. The proposal includes a section for Manufacturing Uses which would allow an eight foot high fence in all yards with barbed wire on top. She mentioned that the regulations were intended to include manufacturing under commercial uses; this change will clarify these regulations established for manufacturing uses. The Planning and Zoning Commission, via motion made by Mr. McClanahan and seconded by Mr. Kluge, voted to recommend approval of revisions to Section 25-604 of the Code of Ordinances with a vote of 7 in favor, 0 in opposition and 0 abstaining. 5. Ms. Brown explained to the Commission revisions which were needed to the Rules of Procedure. Changes include moving the month for the Commission's election of officers from the December meeting to the January meeting to correspond with the current Ordinance; changing the terms of officers from two years to one year; changing the subdivision plat deadline to three weeks prior to a meeting and adding information regarding Development Code Variance Requests. Per the Rules of Procedures, amendments may be introduced at any meeting and voted on at any subsequent meeting. Mr. Bowen questioned the difference in fees listed for the different application processes. Ms. Green suggested changing the Rules of Procedure to reference the City Fee Schedule instead of inserting actual costs so that revisions won't be needed each time a fee is altered. This suggested change will be made and presented to the � Commission at the next meeting for approval. Planning 8� Zoning Commission Meeting Minutes November 9, 2011 � Page 3 Staff Report Ms. Green introduced and welcomed Mr. Ryan Shrimplin as the new City Planner. She informed the Commission that of the six vacant positions in the Development Services Department, five have been filled and interviews are being conducted for the other vacancy. She hoped to have all positions filled soon. The Commission discussed the possible need for clarification of the definition of yards in the Zoning Ordinance. Ms. Ritter also suggested doing a campaign to educate the community on what is considered a front yard and what is considered a side yard. Ms. Green agreed to take a look at the definitions to see if clarification is necessary. Adiournment Upon motion made by Mr. Bowen, seconded by Mr. McClanahan, the meeting was adjourned unanimously at 7:50 p.m. Respectfully submitted, � �' ��G�'�� a-�� /- Ralph C. Maxton � Secretary �