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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 06-12-2019CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING &ZONING COMMISSION MEETING MINUTES June 12, 2019 City Hall — Council Chambers Present: Jeff Glenn, Kevin Greaser, Derek Jackson, Patrick Koetting, Bruce Skinner, Doug Spooler, Ed Thompson, Thomas J. Welch Absent: Larry Dowdy Staff Present: Carol Peters, Ryan Shrimplin CAI stn Ordpw Chairman Glenn called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the May 8, 2019 meeting were unanimously approved upon motion made by Mr. Spooler and seconded by Mr. Greaser. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the zoning of property at 4195 Stone Crest, 4196 Stone Crest, and 4150 Thousand Oaks Lane upon annexation. A staff report was submitted to the Commission, which recommended R-1 (Single -Family Suburban. Residential District) zoning for all three (3) properties. Chairman Glenn opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Koetting and seconded by Mr. Thompson to recommend that all three (3) properties be zoned as R-1 upon annexation. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye.: Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) 2. A public hearing was held on the request of Meyr Properties, L.P. to rezone property at 3567/3569 and 3575/3577 Baldwin Drive from C-2 (Highway Commercial District) to R-3 (High Density Single -Family Residential District). A staff report was submitted to the Commission, which recommended approval of the rezoning request. Chairman Glenn opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Skinner and seconded by Mr. Greaser to recommend approval of the rezoning request. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) 3. A public hearing was held on the request of H & S Investments, L.L.C. for an exception from Development Code Section 25-102, driveway width, at 2505 Veterans Memorial Drive. Mr. Kevin Stanfield, applicant, explained that the property is to be developed for a convenience store with fuel sales. The two (2) driveways proposed for the development need to be wider than the maximum width per the Development Code in order to accommodate tractor -trailer turning movements. Mr. Welch noted that one (1) of the driveways was shown on the site City of Cape Girardeau Planning & Zoning Commission Meeting Minutes June 12, 2019 Page 2 of 7 plan as being directly across Limbaugh Lane where it intersects Veterans Memorial Drive. He asked if there were any issues with this. Mr. Stanfield replied that the driveway alignment was requested by the City staff. He added that he would like to have a driveway closer to the intersection of Veterans Memorial Drive and North Kingshighway, but the Missouri Department of Transportation (MoDOT) would not allow it. 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 subject property has frontage on two (2) streets (Veterans Memorial Drive and North Kingshighway). Per the Development Code, based on the frontage lengths, the property is permitted a maximum of four (4) driveways on Veterans Memorial Drive and a maximum of two (2) driveways on North Kingshighway. The applicant is proposing to limit the property to two (2) total driveways as a substantial equivalent for allowing those driveways to exceed the maximum driveway width. The wider driveways are needed in order to accommodate tractor -trailer turning movements. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findin The substantial equivalent proposed by the applicant 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. Chairman Glenn opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Jackson and seconded by Mr. Koetting to approve the exception request. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) SUBDIVISION PLATS 4. The record plat of Randolph Subdivision was reviewed by the Commission. The plat combines two (2) tracts to form one (1) new lot. A staff report was submitted to the Commission, which recommended approval of the record plat as submitted. A motion was made by Mr. Greaser and seconded by Mr. Koetting 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: Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) 5. The record plat of LaFont's First Amended was reviewed by the Commission. The plat resubdivides two (2) tracts to form three (3) new lots. 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. Welch and seconded by Mr. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes June 12, 2019 Page 3 of 7 Spooler to recommend approval of the record plat with the staff condition. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) 6. The record plat of Baldwin Place Phase III was reviewed by the Commission. The plat creates two (2) lots and dedicates right-of-way for the extension of Baldwin Drive. 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. Koetting and seconded by Mr. Welch to recommend approval of the record plat with the staff condition. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) 7. The record plat of Amerco Real Estate Subdivision (later renamed as U -Haul of Cape Girardeau Subdivision) was reviewed by the Commission. The plat combines two (2) lots to form one (1) new lot. 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. Skinner and seconded by Mr. Thompson to recommend approval of the record plat with the staff condition. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) OTHER ITEMS AND COMMUNICATION 8. Chapter 25 Amendment Regarding Bicycle and Motorcvcle Parking Mr. Shrimplin presented an amendment to the Development Code (Chapter 25 of the Code of Ordinances) regarding bicycle and motorcycle parking. He explained that currently, Section 25-210(a) of the Code allows bicycle and motorcycle parking spaces to be substituted for vehicle (car and truck) parking spaces up to ten percent (10%) of the required vehicle parking at a rate of two (2) bicycle or motorcycle spaces for each required vehicle space. Substitution is only allowed for parking lots with at least ten 1 (10) vehicle parking spaces serving any of the following uses: offices, manufacturing, regional shopping centers, colleges and universities, medical centers, and health and fitness centers. Staff believes this substitution provision provides flexibility in meeting the parking requirements for the uses listed. Staff does not see why it should be restricted to certain uses, however. The provision incentivizes developers to incorporate bicycle and motorcycle parking into their developments, thus accommodating these modes of transportation and potentiallyreducing impervious surface area. Staff believes these benefits should be made available to all uses. The amendment removes the use restriction and reorganizes/rewords the bicycle and motorcycle parking requirements. A motion was made by Mr. Skinner and seconded by Mr. Koetting to recommend approval of the amendment as proposed by staff. The motion passed via a unanimous vote. 9. Chapter 30 Amendment Regarding Medical Marijuana Facilities and Personal Cultivation of Medical -Marijuana Mr. Shrimplin presented an amendment to the Zoning Code (Chapter 30 of the Code of Ordinances) regarding medical marijuana facilities and the personal cultivation of medical marijuana. He stated that the amendment is based on the Planning and Zoning City of Cape Girardeau Planning & Zoning Commission Meeting Minutes June 12, 2019 Page 4 of 7 Commission's recommendation on May 8, 2019 and the subsequent discussion and direction provided by the City Council on June 3, 2019. The amendment adds a new section to the Supplemental District Regulations (Article 4) entitled "Sec. 30-415. - Medical Marijuana Facilities and Personal Cultivation of Medical Marijuana". This section contains the requirements for medical marijuana facilities, which have been compiled into a single table. The table reflects the Planning and Zoning Commission's recommendation, with one exception: for medical marijuana dispensary facilities in the CBD (Central Business District), the minimum distance from any then -existing elementary or secondary school, daycare, or church is two hundred (200) feet. This minimum distance was chosen because it matches the minimum distance for businesses selling liquor. The footnotes explain how the distance is to be measured (taken directly from the State regulations). This section also contains a general requirement to comply with all applicable State laws and regulations as well as all other applicable requirements of the City Code to the extent authorized by State laws and regulations. In addition to medical marijuana facilities, the amendment contains requirements for the personal cultivation of medical marijuana. Section 30-415 states that it is a permitted accessory use in all zoning districts in accordance with the requirements in Section 30-403 (Accessory Structures and Uses). The State laws and regulations provide for the cultivation of marijuana by a qualifying patient or primary caregiver. Similar to the general requirement in Section 30-415 pertaining to medical marijuana facilities, Section 30-403 contains a general requirement to comply with all applicable State laws and regulations as well as the City Code. The remaining portions of the amendment add the appropriate medical marijuana facility type(s) to the permitted principal uses list in the AG, AG -1, CBD, C-1, C-27 M-1, and M-2 sections. Also included are minor changes to these sections for purposes of clarity and consistency. Chairman Glenn opened the floor for questions and comments from those in attendance. Mr. Robert Erlbacher, ll, 182 Red Fox Lane, asked if a prescription from a doctor is required in order to obtain medical marijuana. Chairman Glenn stated that he believes a prescription is required. Mr. Erlbacher questioned why separate dispensaries are required if someone can simply take their prescription to one (1) of the many pharmacies in the city to obtain medical marijuana. Mr. Shrimplin clarified that only a person for whom a qualifying patient or primary caregiver identification card issued by the Missouri Department of Health and Senior Services (DHSS) may legally obtain medical marijuana; this is different from a prescription. DHSS has extensive rules governing medical marijuana facilities, which include numerous security requirements. Conventional pharmacies do not meet these requirements and therefore cannot possess or sell medical marijuana. Mr. John Selby, 1508 Briarcliff Drive, stated that he owns a commercial property on South Kingshighway. He explained that he has been presented with a business opportunity involving medical marijuana, but the property falls within the proposed 1,000 foot buffer and therefore would not be eligible. He asked why a lesser buffer requirement is proposed for dispensaries in the CBD. He recommended having a single buffer requirement for all dispensaries and having the distance measured as one would normally travel. Mr. Skinner stated that the method of measurement is determined by the State. Mr. Shrimplin added City of Cape Girardeau Planning & Zoning Commission Meeting Minutes June 12, 2019 Page 5 of 7 that the DHSS rules require the distance to be measured "along the shortest path between the demarcation points that can be traveled by foot Mr. Eric Gooden, 1617 Oxford Drive, stated that he owns a commercial property at 1802 Broadway, which he would like to make available for a medical marijuana dispensary. Like Mr. Selby's property, his property is within the proposed 1,000 foot buffer and would not qualify. He added that he feels it is unfair to have a lesser buffer requirement for properties in the CBD. He agreed with Mr. Selby's recommendation of having a single buffer requirement for all dispensaries. Ms. Marla Mills, Old Town Cape Executive Director, stated that Old Town Cape's Board of Directors is not in favor of the proposed 200 foot buffer for properties in the CBD. The Board feels the buffer should be 1,000 feet to be consistent with the other zoning districts where medical marijuana dispensaries are permitted. She explained that the CBD encompasses the downtown area, which relies on visitors and shoppers. A medical marijuana dispensary, like a pharmacy or an office, does not contribute to the downtown experience. Because medical marijuana facilities are new to the community and the City is developing regulations, this is an opportunity to limit their exposure in downtown and preserve the work of Old Town Cape and the City in making it a unique attraction for shopping and entertainment as well as social and cultural engagement. Ms. Nancy Browne, 2125 Woodhaven Road, explained that she is a local attorney who represents several commercial property owners. Some of her clients have been contacted about potential leases for medical marijuana dispensaries. She stated that the M-1 (Light Manufacturing/industrial) zoning district makes sense for all of the medical marijuana facility types except dispensaries. Dispensaries need to be located in commercial districts — not manufacturing districts. She stated that she does not understand why the buffer requirement is less in the CBD because the lack of parking will discourage dispensaries from locating there. She urged the Commission to consider recommending a single, 500 foot buffer requirement for all dispensaries. Mr. David Atkins, 133 East Cape Rock Drive, stated that he agrees with Ms. Browne's comments. Mr. Ryan Droege, 1700 Perryville Road, expressed his support for a single buffer requirement for all dispensaries. Mr. Jason Eftink, 2334 Woodland Hills Drive, stated that he also agrees with Ms. Browne and that a medical marijuana dispensary should be treated no differently than a pharmacy. There being no further comments, a motion was made by Mr. Skinner and seconded by Mr. Spooler to recommend approval of the amendment as proposed by staff. Chairman Glenn explained that at the May 8, 2019 Planning and Zoning Commission meeting, the Commissioners voted unanimously in favor of having a single, 1,000 foot buffer requirement for all medical marijuana facility types, including dispensaries. He stated that he appreciates the input from those who spoke tonight, but his opinion has not changed because the 1,000 foot buffer requirement irement is what was proposed in Amendment 2 and approved by the voters. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes June 12, 2019 Page 6 of 7 Mr. Skinner stated that he feels the 1,000 foot buffer requirement is over -restrictive and should therefore be reduced. He added that he supports having a single buffer requirement for all dispensaries. Mr. Danny Essner, 910 Pheasant Cove Drive, expressed concern about having a lesser buffer requirement for the CBD. He stated that he feels there are other, more appropriate areas of the city for dispensaries. Ms. Ashley Nall, 1410 North Kingshighway, explained that she is a small business owner and that she views medical marijuana as an opportunity to increase her sales revenue. She expressed support for a single, 500 foot buffer requirement for all dispensaries. Mr. Erlbacher stated that he still does not understand why medical marijuana cannot be obtained from a pharmacy. Chairman Glenn re -iterated that pharmacies do not meet the State's requirements for selling medical marijuana. There being no further comments, a motion was made by Mr. Spooler and seconded by Mr. Welch to amend the previous motion as follows: recommend approval of the amendment as proposed by staff with the exception that dispensaries shall have a single, 500 foot buffer requirement lieu of a 200 foot buffer requirement in CBD and a 1,000 foot buffer requirement in C-1, C-2, and M-1. The motion passed with a vote of 7 in favor, 1 in opposition, and 0 abstaining. (Aye: Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch; Nay: Glenn) A motion was made by Mr. Spooler and seconded by Mr. Welch to recommend approval of the amendment per the amended motion. The motion passed with a vote of 7 in favor, 1 in opposition, and 0 abstaining. (Aye: Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch; Nay: Glenn) Mr. Welch asked about the implications of the medical marijuana regulations, once they are approved by the City Council, if Missouri legalizes recreational marijuana in the future. Chairman Glenn noted that the State would have to establish regulations for recreational marijuana, so the implications are not known at this time. Chairman Glenn explained that he serves on the School Board for Cape Girardeau Public Schools, which is one reason why he did not support reducing the buffer requirement. The other reason is the fact that Amendment 2 specified a 1,000 foot buffer. Commission Communication There were no communication items from the Commission. Staff Communication Mr. Shrimplin gave the following updates: • Update on items from previous Commission meetings going on to City Council - Rezoning of property at 3269 Hooper Road — Second and third readings were approved May 20, 2019 City of Cape Girardeau Planning & Zoning Commission Meeting Minutes June 12, 2019 Page 7 of 7 - 1704 David Subdivision Record Plat — Second and third readings were approved May 20, 2019 - C & T Seib Subdivision Record Plat — Second and third readings were approved May 20, 2019 - Walnut Street Right -of -Way Dedication Plat — Second and third readings were approved May 20, 2019 - The Estates at Hopper Crossing Record Plat — Second and third readings were approved May 20, 2019 - Rezoning of property at 151 South Spanish Street — First reading was approved on June 3, 2019 - Jones Dunklin Subdivision Record Plat — Second and third readings were approved June 3, 2019. - Collins Mill Phase 3 Subdivision Record Plat — Second and third readings were approved June 3, 2019. - Chapter 25 Amendment Regarding Fences — Second and third readings were approved June 3, 2019 Update on Transportation Trust Fund (TTF) Projects - Bloomfield Road Phase 5 (Benton Hill Road to White Oaks Lane) — completed - Downtown Sidewalk Replacement — project is completed but a change order was issued to repair the retaining walls along Bloomfield Road - Independence Street — Gordonville Road/East Rodney Drive to Caruthers Avenue — field survey work has begun - 2019 Sidewalk Gap — bid opening scheduled for June 25, 2019 - 2018 Concrete Street Repair — going to Council for acceptance on June 17, 2019 - 2019 Concrete Street Repair — contract awarded to Nip Kelley Equipment Company - Main Street — Roberts Street to Cape Rock Drive — field survey work completed; conceptual design is underway - 2019 Asphalt Overlay — contract awarded to Apex Paving Company Mr. Shrimplin reported that the TTF6 Committee kickoff meeting is scheduled for June 17, 2019. Adjournment There being no further business, the Commission voted unanimously to adjourn the meeting at 8:35 p.m. upon a motion made by Mr. Koetting and seconded by Mr. Spooler. Respectfully submitted, Kevin Greaser Secretary