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HomeMy WebLinkAboutPlanning and Zoning commission minutes 01-11-2023CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES January 11, 2023 City Hall — Council Chambers 44 North Lorimier Street Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Chris Martin, Nick Martin, Sommer McCauley -Perdue, Sid Whittington, Deborah Young Commission Members Absent: Melissa Stickel Staff Present: Lisa Mills, Carol Peters, Trevor Pulley, Ryan Shrimplin Call to Order Chairman Greaser called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the December 14, 2022 meeting were unanimously approved upon a motion made by Mr. Whittington and seconded by Ms. Young. Mr. Shrimplin introduced Lisa Mills, Finance Director, and Trevor Pulley, Assistant City Manager/Community Development Director, both recently appointed to their positions. FY 2023-2028 Capital Improvement Program Mr. Shrimplin explained that under Missouri law, when a planning commission adopts a comprehensive plan, the commission's approval is required for any new or modified public street, facility, or utility. In order to comply with the law, the City staff annually presents the Capital Improvement Program (CIP) to the Commission for approval prior to adoption by the City Council. Ms. Mills gave a presentation on the FY 2023-2028 Capital Improvement Program. Mr. Nick Martin asked what types of projects are listed as community development projects. Ms. Mills replied that most of the community development projects are related to transportation improvements. Mr. Shrimplin stated that a majority of the funding for transportation improvements comes from the Transportation Trust Fund (TTF). A motion was made by Mr. Blank and seconded by Mr. Jackson to approve the FY 2023-2028 Capital Improvement Program. The motion passed unanimously. REZONINGS. SPECIAL USE PERMITS, AND EXCEPTIONS A public hearing was held on the proposed zoning of property located at 3101 County Road 620 as R-4 (Medium Density Multifamily Residential District) upon annexation. Chris Koehler, Koehler Engineering and Land Surveying, explained that his client, BK Investments, LLC, recently purchased the property, which is outside of the city limits. Mr. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes January 11, 2023 Page 2 of 6 Koehler and one of the BK Investments partners, Bleau Deckerd, met with City staff to discuss a proposal to develop the property for multifamily dwellings. Based on the proposed development and the surrounding zoning districts and land uses, staff recommended that the property be zoned R-4 upon annexation. BK Investments then executed and submitted an annexation petition and an annexation agreement to the City. Mr. Nick Martin asked how far away the entrance would be from Misty Hollow Lane and how that many units could fit on the lot. Mr. Koehler replied that the proposed development will have 32-40 units and consist mostly of triplexes with stone and/or brick exteriors. The buildings will be arranged along a T-shaped street connecting to County Road 620. The entrance will be at least 150 feet away from the Misty Hollow Lane intersection. Mr. Nick Martin then asked at what point the City looks at developments such as this to determine what traffic improvements are needed, such as road widening, traffic signals, etc. Mr. Shrimplin explained that developments located along an existing road or street are typically not required to provide traffic improvements. The authority having jurisdiction over the road or street may conduct traffic counts and other studies to evaluate the need for improvements. County Road 620 is maintained by Cape Special Road District. South of Boutin Drive, the road becomes State Highway W, which is maintained by MoDOT. Mr. Koehler stated that this type of development typically does not create large traffic concerns. Mr. Chris Martin asked why staff is recommending the R-4 zoning district when the comprehensive plan's future land use map recommends low density residential uses for the property. Mr. Shrimplin explained that at the time the map was prepared, there were no known plans for selling or developing the property. It was presumed that the property would be developed for single-family homes. However, there are several multifamily developments located along this road, so there is a basis for recommending a multifamily residential district. He noted that the comprehensive plan is a guide rather than a set of requirements. Chairman Greaser opened the public hearing. Paul Behrens, 325 Deer Creek Road, stated that he has lived on Deer Creek Road for over thirty (30) years. He expressed his concerns about reduced property values, security issues, and increased traffic from the proposed development. He stated that a nice single- family home could be built on the property rather than polluting the neighborhood with multifamily buildings. Zack Hudson, Misty Hollow Lane, stated that he owns a seven (7) acre tract north of an adjacent to the subject property. He requested that the property not be zoned R-4 because it would create safety and traffic issues. He asked the Commission to consider tabling this item to allow time for the neighbors and the developer to discuss his plans. He stated that if the item is not tabled, then the Commission should recommend R-3 (High Density Single - Family Residential District). Jennifer Gast, 265 Misty Hollow Lane, stated that she and her husband own the property west of and adjacent to the subject property. She presented a photo of their property. She stated that Misty Hollow Lane is a very narrow road and she does not want to see any additional traffic. She requested that the Commission recommend R-1 (Single -Family Suburban Residential District) or table this item. She stated that her main concern is safety but also decreased property values. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes January 11, 2023 Page 3 of 6 David Limbaugh, 490 Deer Creek Road, asked for clarification on the number of proposed buildings. Mr. Koehler stated there will be 10-12 buildings for a total of 32-40 units. Mr. Limbaugh asked if the R-3 zoning district would allow this many units. Mr. Shrimplin replied that R-3 would allow the same number of units, but only in the form of single-family detached homes, duplexes, and/or townhouses. Mark Meadors, 370 Deer Creek Road, stated that he always knew the property would be developed and he doesn't want to shut down the project, but there is a spirit of comradery among the Deer Creek residents. He stated that he would like the opportunity to discuss the project in more detail with the developer. Josh Gast, 265 Misty Hollow Lane, stated that Misty Hollow Lane is a private road and the property owners along the road share in the cost of its maintenance. He asked how access to the development would affect the road. Mr. Koehler explained that a portion of Misty Hollow Lane is on his client's property, but there are no plans to connect the development to it except for a potential emergency access point. Only one (1) regular access point is proposed, which is allowed under the City's fire code because all of the units will be equipped with an automatic fire sprinkler system. The regular access point is located on County Road 620. Mr. Shrimplin stated that if an emergency access point is required, it can be gated and the access code provided to the Fire Department. Mr. Shrimplin reminded the Commission that, in considering a rezoning request, the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. While information about the proposed development may be useful in evaluating the proposed zoning district, the City cannot require the developer to follow a specific development plan as part of a zoning action unless it is a planned development or a special use permit. Mr. Berens stated that the property owners along Deer Creek Road prevented the memory care facility from establishing access on the private road. Mr. Chris Martin asked if the development will have any common ground. Mr. Koehler replied that there will be designated green space and a stormwater detention basin, which will be maintained by a housing association. Andrew Walker, 3657 County Road 620, stated that the City Council recently approved rezoning a property southeast of this property to R-4. He questioned the need for more multifamily housing and expressed concerns about increased traffic. Joe Stahly, 286 Misty Hollow Lane, stated that he helped pay for the private road years ago and asked at what point the developer planned to tell the property owners on Misty Hollow Lane about his development. Mr. Koehler reiterated that a portion of Misty Hollow Lane is on his client's property but there are no plans to connect the development to it unless the City requires an emergency access point. Bethany Meadors, 370 Deer Creek Road, asked for confirmation that if all of the units are equipped with an automatic fire sprinkler system, then a second access point is not required. Mr. Shrimplin stated that is his understanding, based on the language in the fire code. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes January 11, 2023 Page 4 of 6 Dr. Kenneth Kelly introduced himself as a partner of BK Investments, LLC. He stated that he understands the neighbors' apprehension because he has been in similar situations before. He stated that the development is intended for young professionals or people nearing retirement — a place where he himself would feel comfortable living. Mr. Koehler explained that currently, the property is not zoned because Cape Girardeau County has no zoning or building regulations. Mr. Deckerd and Dr. Kelly could opt to not move forward with the annexation, in which case they would be able to develop and use the property any way they want. They purchased the property with the expectation that they would be able to develop it for triplexes. Seeing no other appearances to speak, Chairman Greaser closed the public hearing. He thanked those who spoke during the hearing and expressed their concerns. He stated that the City does not intend to harm any property owners. He noted that the City has a legitimate interest in expanding its corporate boundary because it allows the community to grow. Mr. Nick Martin stated that he would like to allow time for the residents and the developer to discuss the development and the zoning. He made a motion to table the zoning recommendation, which was seconded by Ms. Young. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, C. Martin, N. Martin, McCauley -Perdue, Whittington, Young). SUBDIVISION PLATS 2. The record plat of The Meadows of Whispering Oaks — Third was reviewed by the Commission. James Randol, Bowen Engineering & Surveying, presented the plat. He stated that the plat subdivides a lot to create two (2) new lots. A motion was made by Mr. Whittington and seconded by Ms. Young to recommend approval of the record plat. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, C. Martin, N. Martin, McCauley -Perdue, Whittington, Young). 3. The record plat of Stevenson Subdivision was reviewed by the Commission. Chris Koehler, Koehler Engineering and Land Surveying, presented the plat. He stated the plat resubdivides two (2) lots and part of a third lot to create one (1) new lot. A motion was made by Mr. Jackson and seconded by Mr. Blank to recommend approval of the record plat. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, C. Martin, N. Martin, McCauley -Perdue, Whittington, Young). OTHER ITEMS AND COMMUNICATION 4. Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Mariivana Mr. Shrimplin presented an amendment to the Zoning Code (Chapter 30 of the City's Code of Ordinances) regarding marijuana facilities, medical marijuana facilities, and the personal cultivation of marijuana. He explained that on November 8, 2022, Missouri voters approved a constitutional amendment legalizing adult use of marijuana for recreational purposes and establishing requirements for marijuana facilities. Pursuant to the constitutional amendment, the City must amend its zoning regulations to incorporate marijuana facilities. The proposed Zoning Code amendment expands the regulations for medical marijuana facilities to also include marijuana facilities (i.e., facilities licensed or certified for both City of Cape Girardeau Planning & Zoning Commission Meeting Minutes January 11, 2023 Page 5 of 6 medical and non-medical marijuana). The amendment also provides for personal cultivation of marijuana as authorized by the state laws and regulations. Megan Andrews, attorney for Layton and Southard, stated that she represents several medical marijuana dispensaries in Missouri. She explained that the constitutional amendment initially allows only existing medical marijuana dispensaries to apply for a comprehensive marijuana dispensary license. Mr. Blank asked if the City Council and/or staff had any discussions about setting a different minimum distance requirement for comprehensive marijuana dispensaries. Mr. Shrimplin replied that staff discussed whether or not to propose a different requirement. Ultimately, the decision was made to keep the same requirement of five hundred (500) feet to ensure that all of the existing medical marijuana dispensaries are eligible for a comprehensive marijuana dispensary license. Mr. Pulley added that the City Council originally set the minimum distance at five hundred (500) feet in order to allow dispensaries in the Central Business District. A motion was made by Mr. Jackson and approval of the amendment as submitted. favor, 0 in opposition, and 0 abstaining (Aye McCauley -Perdue, Whittington, Young). Election of Officers seconded by Mr. Nick Martin to recommend The motion passed with a roll call vote of 8 in : Blank, Greaser, Jackson, C. Martin, N. Martin, The Commission held its annual election of officers. A motion was made by Mr. Nick Martin and seconded by Mr. Blank to elect Mr. Greaser as Chairman, Mr. Blank as Vice Chairman, and Mr. Chris Martin as Secretary. The motion failed with a vote of 4 in favor and 4 in opposition. A motion was made by Mr. Blank and seconded by Mr. Jackson to elect Mr. Greaser as Chairman. The motion passed by a unanimous vote. A motion was made by Mr. Nick Martin and seconded by Ms. McCauley -Perdue to elect Mr. Blank as Vice Chairman. The motion passed by a unanimous vote. A motion was made by Mr. Whittington and seconded by Mr. Jackson to elect Ms. Young as Secretary. The motion passed by a unanimous vote. Commission Communication Mr. Chris Martin stated that while he appreciates the nomination for the office of Secretary, he is glad Ms. Young was elected. He also thanked the engineering firms for addressing all of the staff review comments on the subdivision plats. Mr. Whittington stated that a recent news article indicated that the Planning and Zoning Commission members did not explain why they voted against the 2530 Marsha Kay Drive rezoning request. He took exception to the article because he had stated during the meeting that he was voting against the request due to the large number of people who spoke in opposition to it. Chairman Greaser stated that staff recommended the R-4 zoning district for 3101 County Road 620 because it is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. He encouraged Mr. Deckerd and Dr. Kelly to have conversations with the residents to help them better understand the development and make City of Cape Girardeau Planning & Zoning Commission Meeting Minutes January 11, 2023 Page 6 of 6 them feel more at ease. Dr. Kelly stated that he appreciates the Chairman's candor. He stated that he understands how the residents feel. They don't want their world to change. Mr. Shrimplin stated that the Zoning Code only requires the City Council's public hearing on a zoning action to be advertised in the newspaper at least fifteen (15) days in advance of the hearing. No other public notice is required. However, in order to provide a more thorough means of notifying the public, staff mails notices to the adjacent property owners and posts a sign on the property one (1) week in advance of the Planning and Zoning Commission's public hearing. Staff Communication Mr. Shrimplin gave the following updates 1. Update on items from previous Commission meetings going on to City Council The City Council approved the following on December 19, 2022: Southwest Corner of Lexington Avenue and Big Bend Road Rezoning — 2nd & 3rd Readings Chapter 30 Amendment Regarding CBD, Central Business District — 2nd & 3rd Readings Cape West Crossing East — Second Subdivision Record Plat — 1 st Reading The City Council approved the following on January 9, 2023: Cape West Crossing East — Second Subdivision Record Plat — 2nd & 3rd Readings 2530 Marsha Kay Drive Rezoning — Public hearing set for January 23, 2023 2854 Cape LaCroix Road Rezoning — 1 St Reading Adiournment There being no further business, the Commission voted unanimously to adjourn the meeting at 8:50 p.m. upon a motion made by Mr. Jackson and seconded by Mr. Nick Martin. Respectfully submitted, e o a"un cr ary