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HomeMy WebLinkAboutPlanning and Zoning Commission Minutes 09-13-2023CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES September 13, 2023 City Hall — Council Chambers 44 North Lorimier Street Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Gerry Jones, Chris Martin, Sommer McCauley -Perdue, Sid Whittington, Deborah Young Commission Members Absent: Nick Martin Staff Present: Carol Peters, Ryan Shrimplin Call to Order Chairman Greaser called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the August 9, 2023 meeting were unanimously approved upon a motion made by Mr. Martin and seconded by Mr. Jackson. Chairman Greaser introduced Mr. Jones and welcomed him to the Commission. Mr. Jones was appointed to the Commission to fill the vacancy left by Ms. Melissa Stickel, who resigned from the Commission in July. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS A public hearing was held on the request of Cellective Solutions, LLC, on behalf of Vertical Bridge, for a special use permit for the purposes of constructing, maintaining, and operating a telecommunications tower on property located at 1351 South West End Boulevard in the R-2, Single -Family Urban Residential District. Mr. Russell Been, Cellective Solutions, LLC, presented the request. He stated that Vertical Bridge would like to replace the existing telecommunications tower located on a site leased from the City at 1351 South West End Boulevard. He explained that, due to changes in wireless communications technology, the existing tower is not adequate to support the latest antenna arrays. The existing tower is a "stealth" monopole with hidden antennas. The new antennas are larger and do not fit inside a standard stealth monopole. The new monopole is designed to support externally mounted antenna arrays. In the rare event of a structural failure, the monopole is designed to collapse onto itself. Mr. Martin asked if the existing tower was intended to double as a flagpole. Mr. Been explained that the original tower was designed to double as a flagpole; it was replaced five years ago with the existing tower, a slim line monopole, which was not designed for a flag. Mr. Martin asked why a tree disguise was not considered. Mr. Been replied that towers with tree disguises do not look like real trees due to their disproportionate height. The disguise City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 13, 2023 Page 2of6 actually makes them more noticeable. Chairman Greaser stated that the existing tower is not really noticeable, to which Mr. Jackson expressed agreement. Mr. Shrimplin stated that the existing and new towers both have a galvanized steel finish. He noted that the new tower will be closer to the street than the existing tower. A variance is required in order to allow the tower to be closer to the right-of-way line than a distance equal to the height of the tower. Staff supported the variance as part of the special use permit due to the way the tower is designed. Chairman Greaser opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the special use permit request, subject to the following conditions: 1. Except as provided for herein, the special use authorized by this permit shall comply with all applicable laws and regulations. 2. Major modifications to said special use (including, but not limited to, the site plan) shall require the approval of the City Council. 3. This permit shall automatically expire twelve (12) months from the date of issuance if the building permit for said special use has not been issued. If the building permit is issued within this time frame and later expires due to lack of progress, then this permit shall automatically expire upon the expiration of the building permit. 4. This permit is not transferable without the approval of the City Council. 5. A variance from Section 30-107(4) of the Zoning Code is granted as part of the approval of this permit. The telecommunication tower shall not be required to be set back from the right-of-way line at a distance equal to the height of the tower. A motion was made by Mr. Jackson and seconded by Ms. McCauley -Perdue to recommend approval of the special use permit request, subject to the conditions listed in the staff report. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, McCauley -Perdue, Whittington, Young). 2. A public hearing was held on the request of La Croix Properties, LLC for an exception from Development Code Section 25-49(b)&(c), improvement of parking areas, for property located at 1933 Rust Avenue. Mr. Robert Holzum, La Croix Properties, LLC, presented the request. He explained that La Croix Properties, LLC owns the property and has plans to develop it in the future. In the meantime, La Croix Properties, LLC would like to lease the property to the Cape Girardeau Career & Technology Center (CTC) for its truck driver training program. The site would be covered with base rock (gravel) and eventually paved once the property is developed. Mr. Shrimplin stated that the exception is being requested because the Development Code requires access driveways (minimum of 75 feet from the property line) and vehicle parking and maneuvering areas in the front yards of manufacturing zoning districts to be paved. The property is zoned M-1, Light Manufacturing/Industrial District. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 13, 2023 Page 3 of 6 Chairman Greaser opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A staff report was submitted to the Commission, which contained the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: The purpose of the code requirement is to promote high-quality development through the use of paved surfaces, which, unlike gravel, do not become displaced and scattered by vehicles, storms, etc. Gravel from driveways can end up in the street and eventually enter the storm sewer system, where it can accumulate and restrict the flow of stormwater. The application indicates that the proposed gravel driveway and parking area are temporary improvements to allow the property to be used as a training facility for a technical school until such time as the property is developed for the owner's use. Because the gravel surface is intended to be temporary, staff believes that a substantial equivalent can be achieved if certain conditions are imposed as part of the approval of the exception request. The conditions are listed in the staff recommendation below. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding: The substantial equivalent ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request, subject to the following conditions: 1. The applicant shall maintain the gravel surface at all times and ensure that any gravel and debris in the street adjacent to the property is removed in a timely manner. 2. The applicant shall obtain a driveway permit from the City and pave the portion of the driveway in the right-of-way in accordance with City specifications. 3. The applicant shall comply with the City's stormwater management regulations including, but not limited to, obtaining approval of a stormwater management plan (including a grading plan and a SWPPP narrative). 4. This exception shall expire two (2) years from the date of approval or at such time as permanent improvements are made to the property, whichever comes first. A motion was made by Mr. Blank and seconded by Mr. Jackson to approve the exception request. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 13, 2023 Page 4 of 6 abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, McCauley -Perdue, Whittington, Young). SUBDIVISION PLATS 3. The record plat of Wade 1St Subdivision was reviewed by the Commission. Mr. Chris Koehler, Koehler Engineering & Land Surveying, presented the request. He explained that the plat combines two lots in order to connect two buildings currently located on separate lots. Mr. Martin asked if the development will have access from Independence Street. Mr. Koehler stated that the development will have access from Independence Street as well as the alley behind the property. Mr. Shrimplin explained that the plat shows a variance for a reduced side setback along the east lot line of the new lot. Staff supports the variance because there is an existing building located approximately 10 feet from this lot line. In addition, an exception is shown for the omission of the required 10 -foot utility easement along the rear lot line. Staff supports the exception because there are no existing or proposed utilities in the area where the easement is required. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff's comments being successfully addressed. A motion was made by Mr. Jackson and seconded by Mr. Martin to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, McCauley -Perdue, Whittington, Young). OTHER ITEMS AND COMMUNICATION 4. Chapter 30 Amendment Regarding CBD, Central Business District Mr. Shrimplin presented a proposed amendment to the CBD, Central Business District section of the Zoning Code (Chapter 30 of the City's Code of Ordinances). He stated that the amendment adds "vehicle fueling, service or repair facilities, excluding body or paint shops" to the special uses list. The CBD is a large district containing many different types of properties. Some of these properties were developed and historically used as gas stations, auto service centers, and mechanic shops, which are not permitted under today's CBD regulations. If passed, the amendment would make it possible to establish and operate such facilities in the CBD upon issuance of a special use permit. In granting a special use permit, the City Council may impose conditions of approval to ensure that the use does not adversely affect the surrounding properties and the community. A motion was made by Mr. Jackson and seconded by Mr. Whittington to recommend approval of the amendment as submitted. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, McCauley -Perdue, Whittington, Young). 5. Chapter 30 Amendment Regarding Temporary Uses Mr. Shrimplin presented a proposed amendment to the Temporary Uses section of the Zoning Code (Chapter 30 of the City's Code of Ordinances). He stated that the amendment City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 13, 2023 Page 5 of 6 establishes "mobile outdoor recreation facilities" as a temporary use category. This category covers inflatable play structures and other movable structures or equipment rented for outdoor recreation activities. Mr. Martin asked if the amendment would apply to inflatable play structures purchased by someone for use by their household. Mr. Shrimplin replied that the amendment would only apply to inflatable play structures that are rented to customers. A motion was made by Mr. Martin and seconded by Ms. Young to recommend approval of the amendment as submitted. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Jones, C. Martin, McCauley - Perdue, Whittington, Young). Alternate October Meeting Date Mr. Shrimplin stated that he will be attending a conference October 11-13. He asked the Commission to consider moving the October 11 meeting. The Commission agreed to move the meeting to October 10. Commission Communication None of the Commission members had any communication items. 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 August 21, 2023: • 97 North Kingshighway Rezoning — 2nd & V Readings • 2797 Benton Hill Road Annexation, Zoning & Ward Boundary Extension — 2nd & 3rd Readings • Maurer Family Land Record Plat — 1 st Reading The City Council approved the following on September 5, 2023: Maurer Family Land Record Plat — 2nd & 3rd Readings Kennedy's 2nd Addition Record Plat — 1St Reading S & L Subdivision Record Plat — 1St Reading Chairman Greaser asked when the West End Boulevard Transportation Trust Fund 5 (TTF-5) project would be completed. Mr. Shrimplin indicated that the project was moving along but he was uncertain as to the completion date. Adjournment City of Cape Girardeau Planning & Zoning Commission Meeting Minutes September 13, 2023 Page 6 of 6 There being no further business, the Commission voted unanimously to adjourn the meeting at 7:35 p.m. upon a motion made by Mr. Jackson and seconded by Mr. Blank. Respectfully submitted, �',De oung, Secr r