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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 11-09-2022.draft PLANNING & ZONING COMMISSION MEETING MINUTES November 9, 2022 City Hall – Council Chambers 44 North Lorimier Street Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Chris Martin, Nick Martin, Deborah Young Commission Members Absent: Sommer McCauley-Perdue, Melissa Stickel, Sid Whittington 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 October 12, 2022 meeting were unanimously approved upon a motion made by Mr. Jackson and seconded by Ms. Young. Chairman Greaser welcomed Mr. Chris Martin to the Commission. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of B and C Properties, L.L.C. to rezone property located at the southwest corner of Lexington Avenue and Big Bend Road from R-1 (Single- Family Suburban Residential District) to RUMD (Residential Urban Mixed Density District). Ms. Megan Andrews, attorney for the applicant, presented the request. She stated that her client is proposing to construct forty (40) duplex units and one-hundred two (102) multifamily units on the property. The RUMD district allows both types of units at the density proposed, and it will serve as a transitional zone between the R-4 (Medium Density Multifamily Residential District) zoning to the west and the R-1 (Single-Family Suburban Residential District) zoning to the east. In response to a question from Chairman Greaser, Ms. Andrews explained that the multifamily units will be marketed to college students while the duplex units may be sold if they are subdivided into lots. Mr. Chris Martin asked if there are any traffic or infrastructure concerns with the proposed development. Ms. Andrews explained that her client is not aware of any such issues. She added that her client would be willing to pay for a traffic study if necessary. Chairman Greaser opened the public hearing. Mr. Howard McIntyre, 735 Lexington Avenue, stated that his property is located between the subject property and the Legends Cape Girardeau apartment complex on North Sprigg Street. He asked what type of screening would be provided along his property line. Mr. Shrimplin explained that the City Code requires a bufferyard where a multifamily development is adjacent to a single-family City of Cape Girardeau Planning & Zoning Commission Meeting Minutes November 9, 2022 Page 2 of 4 residential use or district. The bufferyard must consist of a privacy fence or a 20-foot wide strip with plantings. Mr. McIntyre stated that he would prefer a 6-foot high black metal picket fence similar to what exists on the Legends property. Mr. David Atkins, 133 East Cape Rock Drive, stated that he is not concerned about the property being rezoned for duplex and multifamily units. However, he is concerned about the potential for criminal activity. The neighborhood is already dealing with such activity at the Legends apartments. He continued by stating that the City should consider lowering the speed limit on Big Bend Road from 45 mph to 35 mph and adding turn lanes. He also expressed concern about the City’s water system being able to handle additional development in light of the recent water main break. Mr. Shrimplin stated that he will pass these comments on to the City Engineer and Alliance Water Resources. He noted that while development issues like this are important, they fall outside of the criteria for considering a rezoning request. The Commission’s duty is to determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Mr. Shrimplin stated that he received a phone call from Ms. Opal Lucas, 2036 Big Bend Road, who expressed opposition to the rezoning request because she did not want to deal with the issues related to apartment developments. In addition, Mr. Shrimplin received an email from Mr. Robert McCormack, 2010 Big Bend Road, who also expressed opposition due to the current issues with the Legends apartments. Mr. Shrimplin mentioned that he contacted a member of the Red Star neighborhood association and informed her of the rezoning request. However, no comments were received from the association. Seeing no other appearances to speak, Chairman Greaser closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the rezoning request. A motion was made by Mr. Jackson and seconded by Mr. Blank to recommend approval of the rezoning request. The motion passed with a roll call vote of 4 in favor, 2 in opposition, and 0 abstaining (Aye: Blank, Greaser, C. Martin, N. Martin; Nay: Jackson, Young). SUBDIVISION PLATS 2. The record plat of Rhodes Town Plaza Subdivision was reviewed by the Commission. Mr. Jeff Maurer, Mayson Capital Partners, explained that the property is being redeveloped for a new Rhodes 101 store. 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. Nick 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 6 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, C. Martin, N. Martin, Young). OTHER ITEMS AND COMMUNICATION 3. Chapter 25 Amendment Regarding Signs Mr. Shrimplin announced that the Chapter 25 Amendment Regarding Signs had been withdrawn. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes November 9, 2022 Page 3 of 4 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 explained that the CBD section currently contains design standards for new buildings and exterior alterations and additions to existing buildings. In order to ensure these standards are being met, the City developed an administrative (staff) design review process known as CBD Design Standards Approval. This process has been in place for several years, but it has never been codified. The amendment adds a provision requiring CBD Design Standards Approval for any project subject to the design standards. In addition, the amendment adds a provision requiring a Certificate of Appropriateness from the Historic Preservation Commission for qualifying projects. Qualifying projects include: demolition in whole or in part of any building (excluding demolition of condemned buildings by the City), painting an unpainted surface on the exterior of any building (excluding new construction), painting of an exterior wall and the roof, trim, or architectural features in the same color, and addition or alteration of a mural on the exterior of any building. This provision is intended to protect the unique character of the CBD (which drives downtown tourism, economic development, and community events) by adding a process to vet certain types of changes that have the potential to adversely affect it. The proposed language is based on staff observations of recent changes to CBD buildings as well as conversations with the Historic Preservation Commission, Old Town Cape, and members of the public. Mr. Blank asked if a denial of a Certificate of Appropriateness request can be appealed. Mr. Shrimplin replied that, per the Zoning Code, the appeal of a denial by the Historic Preservation Commission shall be reviewed by the Planning & Zoning Commission. A motion was made by Mr. Jackson and seconded by Ms. Young to recommend approval of the amendment as proposed by staff. The motion passed via a unanimous vote. Commission Communication Chairman Greaser and Mr. Blank announced that they will be absent from the December 14, 2022 meeting. 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 October 17, 2022:  3849 Business Park Place Special Use Permit – 2nd & 3rd Readings  572-680 (Even) Silverado Trail Zoning of Annexed Property – 2nd & 3rd Readings  LaSalle-Church Subdivision Record Plat – 2nd & 3rd Readings  2090 North Sprigg Street Special Use Permit – 1st Reading The City Council approved the following on November 7, 2022: City of Cape Girardeau Planning & Zoning Commission Meeting Minutes November 9, 2022 Page 4 of 4  2090 North Sprigg Street Special Use Permit – 2nd & 3rd Readings  39 & 45 North Broadview Street Rezoning – 1st Reading Adjournment There being no further business, the Commission voted unanimously to adjourn the meeting at 8:00 p.m. upon a motion made by Mr. Jackson and seconded by Ms. Young. Respectfully submitted, Deborah Young, Secretary