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Home My WebLink AboutPlanning & Zoning Commission Minutes 09-08-2010 /� ' ' . Planning and Zoning Commission � ? City of Cape Girardeau 401 Independence Street la'�6��•r/,��,•<<��•�„��,.��rh<��,,�„�,��<«1��.� Cape Girardeau, Mo. 63703 � � 573-339-6326 � MEETING MINUTES September 8, 2010 Present: William Hinckley, Scott McClanahan, Charles O. Haubold, Jr., Ralph Maxton, Raymond Buhs, and Marcia Ritter Absent: Trae Bertrand, and Patricia Mothershead Staff Present: Ken Eftink, Martha Brown, and Richard S. Reinhardt, Jr. Call to Order. Charles Haubold called the meeting to order at 7:00 p.m. and added that he would run the meeting until Chairman Hinckley arrived. Chairman Hinckley called the meeting to order at 7:00 p.m. Haubold reminded those present at the meeting to sign the sign in sheet if they had not already done so. Approval of Minutes. The minutes of the August 11, 2010, meeting were unanimously approved � upon motion made by Ralph Maxton and seconded by Scott McClanahan. Hearinqs 1. Request of Good Shepherd Lutheran Church and Wireless Asset Group, LLC to rezone the property located at 1904 West Cape Rock Drive from the R-1 (Single Family Suburban Residential) District to the PD (Planned Development) District. Chris Koehler from Koehler Engineering spoke on behalf of this request. Koehler mentioned that historically this property has had one use with that use being worship. They are now looking to add the use of a telecommunication tower in the shape of a cross. 2. Request of Good Shepherd Lutheran Church and Wireless Asset Group, LLC for a Special Use Permit to construct a 150 foot stealth telecommunication tower and fenced in compound on the property located at 1904 West Cape Rock Drive (Ward 4). Nancy Browne of the Limbaugh Firm spoke on behalf of this request. Browne mentioned that Wireless Asset Group started communication regarding a telecommunication tower with AT&T in October of 2009. However, since telecommunication towers involve a long and expensive process, by the time the initial request was made for a Special Use Permit, the ordinance had been updated and no longer allowed telecommunication towers in R-1 Districts by special use permit. Browne mentioned that she had worked with staff to determine other options. The option to rezone the property to the Planned Development District was discussed. Browne added that a telecommunication tower in this area would be a huge investment for the City of Cape Girardeau. There are blank spots in the community that need coverage and one of those areas is the residential area surrounding 1904 West Cape � Rock Drive. Browne also commented on how the number of people using cell phones has significantly increased in recent years. Browne also mentioned that the aesthetics of telecommunication towers has improved. This particular tower will be in the shape of a cross. Browne also mentioned that Jeffrey Allen from Wireless Asset Group had provided pictures of examples of similar towers in other communities across Missouri. Browne also mentioned that the neighbors have not shown opposition despite numerous opportunities to do so. � Ralph Maxton asked if there was an attempt for Verizon and AT&T to share towers. Jeffrey Allen from Wireless Asset Group informed the Commission that companies do share towers. However depending on the location on the tower each company can locate at, that often affects the area that can be reached. Jeffrey Allen also noted that despite companies collocating on towers that this area still does not have sufficient coverage. He added that there would be room on this tower for other companies to collocate. Chairman Hinckley asked what the radius of coverage would be. Jeffrey Allen stated about one mile and added that at the current moment there is a big push to get more residential coverage. Scott McClanahan asked how many other towers are owned by Wireless Asset Group in Cape Girardeau. Jeff Allen mentioned only the one on Southern Expressway. Chairman Hinckley asked if there were other areas of the City that had blank spots in cell phone coverage. Jeff Allen mentioned that there are about three other areas. Charles Haubold mentioned that he had a problem with this request because if one company is allowed to put a telecommunication tower up in a residential area then a precedent is being set and it is harder to say no to future companies wanting to construct a telecommunication tower. There was added discussion on this that each request needs to be handled separately and just because one company is allowed to construct a telecommunication tower does not mean that other companies have to be allowed also. � Nancy Browne commented that the same argument was made for electricity in the early 1900's. Many people then thought that residential neighborhoods should not be supplied with electricity. Marcia Ritter commented that the towers in the pictures that were provided did not contain landscaping. Jeff Allen stated that of the pictures provided, only two were owned by Wireless Asset Group and that Wireless Asset Group provides landscaping around their towers. The pastor of Good Shepherd Lutheran Church spoke in favor of the request. He stated that the shape of the telecommunication tower as a cross is neat. He stated that he is supportive of this project. Chairman Hinckley inquired what kind of revenue the church is receiving for this project. Steve Fritzler, who also spoke in favor of the request, stated that he would rather not disclose that information. He did add that the church planned to direct 50% of the revenue back into the community. He also mentioned that the towers are designed to collapse, not fall over. He also added that the church has no immediate plans to build anything else. No one spoke in opposition of the request. � Discussion and Votinq 3. Request of Good Shepherd Lutheran Church and Wireless Asset Group, LLC to rezone the property located at 1904 West Cape Rock Drive from the R-1 (Single Family Suburban � Residential) District to the PD (Planned Development) District. Martha Brown mentioned that Good Shepherd Lutheran Church and Wireless Asset Group had originally come with an application for a Special Use Permit. However it was indicated that this was not possible in a residential district. Since that was not possible there was discussion regarding rezoning the property and the only possibility was the Planned Development District. Chairman Hinckley stated that he did not see the Planned Development District of having been intended for this type of use. Martha Brown stated that the Planned Development District gives flexibility to allow for what the applicant wants. Chairman Hinckley inquired how this was not spot zoning. Ralph Maxton stated that each Special Use Permit should stand on its own and that this is on an 11 acre piece of property. Maxton added that there is no neighborhood opposition, in fact people are going to start demanding better cell phone coverage in residential neighborhoods. Maxton stated that it would be worthwhile. Chairman Hinckley stated he was against it and it was not within what the Planned Development District was created to be used for. Charlie Haubold made the motion to recommend approval of the request, and it was seconded by Ray Buhs. � Scott McClanahan pointed out that by rezoning to the Planned Development District, the City has more control over this piece of property. Ray Buhs pointed out that the comprehensive plan recommends mixed use for this property. The vote count on the motion to recommend approval was 5 in favor, 1 in opposition, and 0 abstaining. The one in opposition was Chairman Hinckley. 4. Request of Good Shepherd Lutheran Church and Wireless Asset Group, LLC for a Special Use Permit to construct a 150 foot stealth telecommunication tower and fenced in compound on the property located at 1904 West Cape Rock Drive. Charles Haubold made the motion to recommend approval, and it was seconded by Ralph Maxton. The vote count on the motion to recommend approval was 4 in favor, 2 in opposition, and 0 abstaining. The two in opposition were Chairman Hinckley and Charles Haubold. Subdivision Plats 5. Timon Way Second Subdivision, Record Plat. Richard Reinhardt gave staffs comments. Reinhardt stated that this is a subdivision of two lots into three lots, that acceptable plats have been received and the review fees have also been received. Reinhardt stated that Staff recommends approval of this subdivision. Upon motion made by Charles Haubold and seconded by Ray Buhs, the motion to recommend approval passed unanimously. � Other Items and Communications 6. Discussion of Revisions to the Development Code. It was discussed that the revised revisions that were handed out to the Commissioners had everything revised that needed to be corrected. Martha Brown went over the revisions based on the open house that was held on Monday, August 30th in the Council Chambers. Upon motion made by Charles Haubold � and seconded by Ralph Maxton the revisions were recommended for approval unanimously. The revisions will be sent to Council at the September 20t" meeting. 7. Staff Time. Ken Eftink informed the Commissioners that staff will be looking at changing domestic servants in the zoning ordinance. Eftink informed the Commissioners that there is a situation in Ashland Hills where a person has domestic servants living with him and this has upset the neighbors. It was discussed that this would be discussed as an agenda item at a future meeting to include a count for the number of domestic servants allowed. Charles Haubold mentioned that loopholes in other areas of the ordinance need to be fixed as well. . 8. Adjournment. Upon motion made by Ralph Maxton and seconded by Bill Hinckley, the meeting was adjourned unanimously at 8:25 p.m. Respectfully submitted, � � l ��' `Z��L��c%r.�,c� /' �� William T. Hinckley Chairman � �