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Home My WebLink AboutPlanning & Zoning Commission Minutes 03-09-2011 .S � ' ' , Planning and Zoning Commission City of Cape Girardeau 401 Independence Street i�`l��•�-<��hf��•<i��•�r«�•�,.,«�rh,��,,,��7t��1<<, Cape Girardeau, Mo. 63703 � � 573-339-6326 MEETING MINUTES March 9, 2011 Present: William Hinckley, Trae Bertrand, Ralph Maxton, Charles O. Haubold, Jr., Raymond Buhs, Marcia Ritter, Thomas J. Welch, Scott McClanahan, and Wayne Bowen Staff Present: Ken Eftink, Martha Brown, Kelly Green, Casey Brunke, Paul Yadro, and Richard Reinhardt, Jr. Call to Order. Chairman Hinckley called the meeting to order at 7:00 p.m. Approval of Minutes. The minutes of the February 9, 2011, meeting were unanimously approved upon motion made by Charles Haubold and seconded by Scott McClanahan. Hearinqs � 1. Public Hearing to consider sections of the Development Code on Subdivision Regulations, Site Plans and Improvement Plans, and Utilities. Martha Brown briefly explained the three sections of the development code. She mentioned that these would be the last three sections and would go to Council to be approved by ordinance with the sections on Streets and Access Management. Casey Brunke explained the section on utilities, saying that this section came from Chapter 29. One of the major changes is the addition of an applicability section. It was also mentioned that these sections would be subject to an open house with the City Council and the Planning and Zonin� Commission. There was no one present to speak for or against these sections of the Development Code. 2. Request of Shade Tree Properties, LLC to rezone the properties located at 604, 608, and 620 Jefferson Avenue from the R-3 (High Density Single Family Residential) District to the CBD (Central Business) District. Chris Koehler spoke on behalf of the request. He stated that this is an older area of town and the development is a higher density but is still single family. There is an apartment building on the corner that was an existing structure and will remain on the property. There are no common areas. The homes will have rear access. Kyle Thoma of Shade Tree Properties, LLC was present to answer any questions. No one was present to speak in support of the request. Kenny Campbell spoke in opposition to the request, he stated that he lives in the neighborhood and does not like the idea of a larger density development. He stated that the development is good, but the houses are too close. � It was added that the larger density was appropriate for this area and that the Future Land Use Plan recommends high density residential uses. Discussion, and Votinq on Applications � 3. Discussion and voting on sections of the Development Code on Subdivision Regulations, Site Plans and Improvement Plans, and Utilities. Charles Haubold made a motion to recommend approval, which was seconded by Ralph Maxton. It was stated that these sections should be effective sometime around the end of May pending Council approval. There will be an open house sometime in early April. The motion to recommend approval passed unanimously. 4. Request of Shade Tree Properties, LLC to rezone the properties located at 604, 608, and 620 Jefferson Avenue from the R-3 (High Density Single Family Residential) District to the CBD (Central Business) District. Upon motion made by Charles Haubold, and seconded by Ray Buhs. It was mentioned that the proposed development goes along with the Comprehensive Plan and seems to be an improvement to the area. The motion to recommend approval was passed unanimously. Subdivision Plats 5. Record Plat of Shade Tree First Subdivision. Richard Reinhardt informed the Commission that this is a six (6) lot subdivision located on the corner of Jefferson Avenue and South Frederick Street. The developer has submitted a letter requesting a variance for the existing apartment building encroaching onto the required setback, and also for the setback requirement along the north property line of Lot 5. The setback requirement for CBD is fifteen (15) feet if abutting or across from a residential district. If this setback was met for Lot 5, it would create an unbuildable lot. Acceptable plats have been submitted. Staff's recommendation is for approval with the requested variances. Charles Haubold made the � motion to recommend approval, seconded by Trae Bertrand, and approved unanimously. 6. Keller Second Subdivision. Paul Yadro informed the Commission that this is a three (3) lot subdivision in the C-2 (Highway Commercial) District. There are no issues with the plat. The largest tract will be used for Menards. There was also discussion on the seven variance requests for the property. The Zoning Board of Adjustment approved a total of seven variances including the sign height, the sign area, the fence height, the parking requirements, the overall landscape area, the parking lot landscape area, and the elimination of the parking field separation requirement. The Commissioners stated that they should at least have a voice in variance requests. It was also stated that the Zoning Board of Adjustment does not understand the process that the Planning and Zoning Commission has gone through in working on the Development Code. Charles Haubold made the motion to recommend approval, seconded by Bill Hinckley and approved unanimously. The Commissioners added that they want to see the process for obtaining a variance change before another large company comes in and requests multiple variances. Other Items and Communications 7. Chairman Hinckley stated that the Zoning Board of Adjustment does not understand the reasoning behind the regulations in the Development Code and that the process needs to be changed so that the Planning and Zoning Commission could grant variances for items from the Development Code. The Commission asked Staff to work on this and have it ready for the April Planning and Zoning Commission meeting. The Commissioners voiced that there is urgency in changing the variance approval process out of the hands of the Zoning � Board of Adjustment before another large company comes in requesting a large number of variances. It was added that if someone else comes in requesting something similar to Menards, there is nothing that the Zoning Board of Adjustment can say to stop it. The Commission stated � that a bad precedent had just been set. 8. Staff Time. Ken Eftink updated the Commission on Gary Arnold's development on Silverado. He stated that Gary Arnold may have illegally tapped into the City water line. The City is double checking and making sure he is not on City services. He has not requested to be annexed or submitted a rezoning request. 9. Adjournment. Upon motion made by Charles Haubold and seconded by Scott McClanahan, the meeting was adjourned unanimously. Respectfully submitted, ��;�� . �7�!/1 a�� Ralph C. Maxton Secretary � � � CITY OF CAPE GIRARDEAU, MISSOURI — NOTICE OF PUBLIC HEARINGS ON PROPOSED VARIANCES FROM THE ZONING ORDINANCE NOTICE IS HEREBY GIVEN that the Board of Adjustment of the City of Cape Girardeau, Missouri, at a meeting to be held in the City Council Chambers at City Hall, located at 401 Independence Street, in Cape Girardeau, Missouri on Thursday, March 3, 2011, at 7:00 P.M. will consider requests for variances from the Zoning Ordinance of the City of Cape Girardeau, Missouri, to-wit: l. Request of Cape Home Oxygen LLC to vary the sign setback distance on property located at 2012 William Street. 2. Request of Menard Inc to vary the sign height and sign area, to vary the commercial fence height, to vary the overall required minimum landscape area and the parking lot minimum landscape area, to vary the required minimum number of parking spaces and to eliminate the parking field separation requirement on property bounded by Siemers Drive, Bloomfield Road and Armstrong Drive. Public Hearings will be held at said meeting for the purpose of considering the requested variances. Any citizen of the City of Cape Girardeau may appear before the Board of � Adjustment to support, protest or make suggestions concerning the requested variances. Gayle L. Conrad City Clerk of the City of Cape Girardeau, MO Thursday, March 3, 2011 �