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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 11-13-2019CITY CAPE GIRARDEAU Of PLANNING & ZONING COMMISSION PLANNING &ZONING COMMISSION MEETING MINUTES November 13, 2019 City Hall — Council Chambers Present: Larry Dowdy, Jeff Glenn, Kevin Greaser, Derek Jackson, Patrick Koetting, Bruce Skinner, Doug Spooler, Ed Thompson, Thomas J. Welch Absent: None Staff Present: Carol Peters, Ryan Shrimplin Call to C) rd P_ r Chairman Glenn called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the October 2, 2019 meeting were unanimously approved upon motion made by Mr. Welch and seconded by Mr. Greaser. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Newbridge Properties, LLC to rezone property at 1205 South Mount Auburn Road from M-1 (Light Manufacturing/Industrial District) to R-4 (Medium Density Multifamily Residential District). Mr. Dowdy recused himself from the discussion and vote for business reasons. A staff report was submitted to the Commission, which recommended approval of the rezoning request. Chairman Glenn opened the public hearing. Mr. Rick Lambert, representing Withers Broadcasting at 901 South Kingshighway, stated that he is aware of the applicant's plans to develop the property for an assisted living and memory care facility if the rezoning is approved. He explained that Withers Broadcasting owns and operates a radio station on the adjacent property to the south. He has three (3) main concerns with the proposed facility. The first concern is the potential for the facility to interfere with the radio station's transmission signals. He explained that the signals are transmitted over the subject property to transmitter locations north of the city limits. Because the main building is proposed to be three (3) stories in height, it could interfere with these signals. The second concern is the potential for residents of the facility to wander on to the radio station property and the liability the station would incur as a result. The third concern is the additional traffic that would be generated by the facility. Ms. Shamela Armour, representing Newbridge Properties, LLC, explained that the facility will contain eighty-two (82) apartments. Thirty-six (36) of those units will be designed for memory care residents. The facility will be state-of-the-art. Newbridge Properties is working with a design team from Wisconsin on the project. She did speak with Mr. Lambert earlier in the day and was made aware of his concerns. Regarding. the concern about residents of the facility wandering on to the radio station property, this will not be an issue because the City of Cape Girardeau Planning & Zoning Commission Meeting Minutes November 13, 2019 Page 2 of 7 facility will have a perimeter fence and security cameras. She added that Newbridge Properties is willing to work with the design team to address Mr. Lambert's concern about signal interference. Mr. Nick Walker with Impact Strategies, architectural firm for the project, stated that his firm will coordinate with the Withers Broadcasting engineers to understand the transmission requirements and to position the facility in a manner that will not cause interference. He explained that the facility will not create traffic issues because the residents will not be making regular trips to and from the facility. Most of the traffic will be generated by visiting family members and employees of the facility. Mr. Skinner noted that the maximum building height in the M-1 district is forty (40) feet while the maximum height in the R-4 district is sixty (60) feet. Mr. Thompson asked if the Commission is able to table this request to allow time for Impact Strategies to work with the Withers Broadcasting engineers on the signal interference concern. Mr. Shrimplin replied that the Commission does have the option to table. He explained that the criteria for evaluating a rezoning is whether or not the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. He emphasized that the Commission must focus on the proposed district rather than the proposed development because there is no guarantee the development will proceed if the property is rezoned. The change in zoning would increase the maximum building height, regardless of the proposed development, so the Commission can and should consider Mr. Larnbert's concerns before taking action. Seeing no other appearances to speak, Chairman Glenn closed the public hearing. A motion was made by Mr. Skinner and seconded by Mr. Spooler to recommend approval of the rezoning request. Mr. Greaser stated that he is concerned about the potential adverse effect of the rezoning on the Withers Broadcasting property. Mr. Koetting asked if the transmitters could be elevated to avoid interference with the facility. Mr. Lambert replied that it is possible to elevate the transmitters, but doing so would be very expensive. Mr. Skinner noted that the Commission is only making a recommendation, and the City Council will not hold its public hearing until December 2. The applicant has until then to work out the issues with the radio station. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 1 abstaining. (Aye: Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch; Abstain: Dowdy) 2. A public hearing was held on the request of Union Electric Company d/b/a Ameren Missouri for a special use permit to construct, maintain, and operate an electrical power distribution substation in the R-4 (Medium Density Multifamily Residential) district at 1400 West Cape Rock Drive. Mr. Tony Bonsignore, representing Ameren Missouri, explained that the purpose of the new substation is to the reduce loads of two (2) existing substations currently feeding this area, which are at or exceeding their capacity, and to provide for future demand as new developments occur. The new substation would provide a power source closer to the surrounding customer base. A staff report was submitted to the Commission, containing the following findings of fact: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes November 13, 2019 Page 3 of 7 Finding. Once the proposed substation is constructed and operational, the only traffic it will generate is trips for maintenance and repair, which will not substantially increase traffic hazards or congestion. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding_ The proposed substation has been designed to operate in a safe and secure manner and in compliance with the City's construction and fire codes. Therefore, it will not substantially increase fire hazards. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Finding. The applicant has taken some measures to mitigate the impact of the proposed substation on the neighborhood. These measures include: limiting driveway access to West Cape Rock Drive, using green slats in the chain link fence to provide a decorative screen, and providing landscaping around the perimeter of the substation. Due to its height and location, the SCADA communication mast will have a visual impact on the surrounding residential properties. The mast is proposed to have a galvanized steel finish, which will have a grey appearance from a distance. This neutral color generally blends with the sky when it is not blue. Additionally, the applicant is proposing to keep the existing stand of mature trees at the west end of the property, which will partially screen the mast from the residences to the west. These measures will ensure that the proposed substation does not adversely affect the character of the neighborhood. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding: The proposed substation will improve the applicant's electrical power distribution system, which will enhance the general welfare of the community rather than adversely affecting it. Criterion #5: The proposed special use will not overtax public utilities. Finding_ The applicant is a public utility and is proposing the substation in order to provide better service and avoid overtaxing its electrical power supply. The proposed substation will not require any other utilities. In reviewing the application, staff identified one exception. Section 25-805 of the Development Code requires a 20 foot wide bufferyard wherever a nonresidential use is adjacent to a residential use or zoning district. The bufferyard must contain a certain number of plantings per 100 linear feet. The proposed substation is adjacent to a residential zoning district on two sides: north and west. While the landscaping plan does show the 20 foot wide bufferyard along these two sides, the north side falls short of the required number of plantings. Staff supports the exception because the adjacent property to the north is owned by the applicant and is undeveloped. In addition, the applicant is providing a significant number of plantings on the south and east sides of the substation, which are not required by the code but help enhance the appearance of the site. This qualifies as a substantial equivalent. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes November 13, 2019 Page 4 of 7 Based on the above findings, staff recommended approval of the special use permit request, subject to the following conditions: 1. This special use shall meet all applicable requirements of the Zoning and Development Codes except for the exception noted herein. 2. Major modifications to this 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 use for which it was granted has not commenced. 4. This permit is not transferable without the consent of the City Council. 5. An exception from Section 25-805 of the Development Code is granted as part of the approval of this permit. The bufferyard plantings shall be per the landscaping plan submitted with the application. Minor modifications to the landscaping plan shall be permitted, subject to staff approval. Chairman Glenn opened the public hearing. Ms. Linda Mahy, member of First Baptist Church of Cape Girardeau at 1289 Lexington Avenue, stated that she is opposed to the request because the site is located in a beautiful residential area and is across from a church. Thus, it is not an appropriate site for the facility. Mr. Lester Conway, 1561 Briarcliff Drive, stated that he can see the site from his home. He asked why the substation could not be moved to the north end of the parcel. Mr. Bonsignore explained that the north and west portions of the parcel contain slopes, making them unsuitable for the substation. Mr. Basil Harrison, 1530 Oakley Drive, stated that he owns the large undeveloped lot on West Cape Rock Drive across from the site. He expressed concern that the north end of the parcel will be developed for additional apartments. He also expressed concern about additional stormwater drainage from the substation crossing on to his property. He asked why he wasn't notified of recent meeting between Ameren and the neighbors. Mr. Shrimplin explained that Ameren wanted to understand the neighbors' concerns prior to the Planning & Zoning Commission meeting, so it held a private meeting with the neighbors. The City was not involved in that meeting. Mr. Harrison stated that he just does not like the project and feels it should be located on the park property further down the road on Lexington Avenue. Mr. Roger Seay, 1429 Parkmor Drive, requested that Ameren be mindful of the visual impact the project will have on the neighborhood. Seeing no other appearances to speak, Chairman Glenn closed the public hearing. A motion was made by Mr. Koetting and seconded by Mr. Spooler to recommend approval of the special use permit request, subject to the conditions in the staff report. Mr. Skinner expressed concern about enforcing the requirement to install and maintain the bufferyard plantings. Mr. Shrimplin explained that if the special use permit is approved, the City will inspect the site to verify the landscaping has been installed per the application. Ameren will be required to maintain the landscaping, and the City can take enforcement action if it fails City of Cape Girardeau Planning & Zoning Commission Meeting Minutes November 13, 2019 Page 5 of 7 to do so. In response to a question from Mr. Lester, Mr. Dan Schuette with Ameren Missouri explained that the substation will connect to an existing storm sewer and will not make existing drainage issues worse. In response to another question, Mr. Bonsignore explained that the substation will have security lighting, which will comply with the City's lighting regulations. Mr. Harrison asked if there will be any changes to the power poles. Mr. Bonsignore replied that there will be three (3) additional poles placed along West Cape Rock Drive. Existing poles will remain or be replaced with new poles in the same location. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) SUBDIVISION PLATS 3. The record plat of Blattner Fifth Subdivision was reviewed by the Commission. The plat reconfigures three (3) lots to form two (2) new lots at 3170 and 3174 Blattner Drive. A staff report was submitted to the Commission, which recommended approval of the record plat. A motion was made by Mr. Jackson and seconded by Mr. Dowdy to recommend approval of the record plat. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) 4. The record plat of Sleepy Hollow Subdivision was reviewed by the Commission. The plat subdivides a tract to form two (2) new lots at 1809 North Kingshighway. 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. Greaser to recommend approval of the record plat, subject to staff's comments being successfully addressed. Mr. Dowdy noted that the plat would create a landlocked lot. He asked how the lot would be accessed. Mr. Shrimplin replied that staff is requiring the plat to contain language establishing a new cross access easement across both lots. This will ensure that the landlocked lot has legal access to North Kingshighway. The motion passed with a roll call vote of 8 in favor, 1 in opposition, and 0 abstaining. (Aye: Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch; Nay: Dowdy) 5. The record plat of Graves Lynwood Subdivision was reviewed by the Commission. The property currently consists of a duplex, with each unit being a separate parcel, plus a third parcel designated as common area. The plat rescinds the common area and reconfigures the parcels to form two (2) new lots at 2807 and 2809 Lynwood Hills Drive. A staff report was submitted to the Commission, which recommended approval of the record plat. Mr. Dowdy recused himself from the discussion and vote for business reasons. A motion was made by Mr. Skinner and seconded by Mr. Spooler to recommend approval of the record plat. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 1 abstaining. (Aye: Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch; Abstain: Dowdy) 6. The record plat of West Broadway Properties Subdivision was reviewed by the Commission. The plat combines five (5) lots and part of a vacated alley to form one (1) new lot at the northwest corner of Broadway and Perry Avenue. A staff report was submitted to the Commission, which recommended approval of the record plat. A motion was made by Mr. Dowdy and seconded by Mr. Greaser to recommend approval of the record plat. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) City of Cape Girardeau Planning & Zoning Commission Meeting Minutes November 13, 2019 Page 6 of 7 7. The record plat of Summers Castle Rock Subdivision was reviewed by the Commission. The plat combines three (3) lots to form one (1) new lot at 191 Castle Rock. 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. Thompson and seconded by Mr. Jackson to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) 8. The record plat of Kingshighway Subdivision (originally named Gill Family Properties Subdivision) was reviewed by the Commission. The plat subdivides a tract to form two (2) new lots at 101 North Kingshighway. A staff report was submitted to the Commission, which recommended approval of the record plat. A motion was made by Mr. Dowdy and seconded by Mr. Koetting to recommend approval of the record plat. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) OTHER ITEMS AND COMMUNICATION Commission Communication There were no communication items from the Commission. 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 7, 2019: • Tara Estates Record Plat — 2nd & 3rd Readings • 621 Perry Avenue Rezoning — 1St Reading • 101 North Kingshighway Special Use Permit — 1 st Reading • A Resubdivision of Lot 2 of A Minor Subdivision of Lot B of Cape West Crossings — Phase I I Amended Record Plat — 1 st Reading The City Council approved the following on October 16, 2019: • 621 Perry Avenue Rezoning — 2nd & 3rd Readings • 101 North Kingshighway Special Use Permit — 2nd & 3rd Readings • A Resubdivision of Lot 2 of A Minor Subdivision of Lot B of Cape West Crossings — Phase II Amended Record Plat — 2nd & 3rd Readings • Ahrens Second Subdivision Record Plat —1St Reading • Scheibe's Addition Record Plat — 1 st Reading The City Council approved the following on November 4, 2019: 0 Ahrens Second Subdivision Record Plat — 2nd & 3rd Readings City of Cape Girardeau Planning & Zoning Commission Meeting Minutes November 13, 2019 Page 7 of 7 • Scheibe's Addition Record Plat — 2nd & 3rd Readings • 623 North Main Street Rezoning — 1st Reading • Journee Lane Subdivision Record Plat — 1st Reading 2. Update on Transportation Trust Fund (TTF) Projects • Downtown Sidewalk Replacement — A change order was issued to the contract for this project to add work to replace the veneer on the Bloomfield Road retaining walls. The contractor has installed the veneer. Some grading work is still required. • 2019 Asphalt Overlay — The contract was awarded to ASA. Construction is ongoing. • 2019 Concrete Street Repair — The contract was awarded to Nip Kelley Equipment Company. Construction should be completed soon. • 2018 Sidewalk Gap — The contract was awarded to Lappe Concrete. Construction should be completed soon. • 2019 LED Streetlight Conversion — All original contract locations have been completed. Construction is ongoing with change orders for replacement at the Trinity Church/Discovery Playhouse parking lot and the Hutson/Art Van parking lot. • Fountain Street from William Street to Independence Street — EFK Moen has begun preliminary design. The survey and geotechnical testing have been completed. • Sprigg Street from William Street to Broadway — The consultant is in the design phase. • Main Street from Roberts Street to Cape Rock Drive — The consultant is continuing with conceptual design. Field survey work is completed. • West End Boulevard from Rose Street to Bertling Street — The consultant is working on the final plans. Construction will begin later this year. Ameren has done some tree trimming in preparation for utility relocations. • Independence Street from Gordonville Road/East Rodney Drive to Caruthers Avenue — The traffic study has been completed. The consultant has submitted preliminary plans for review. A public meeting will be scheduled soon. Chairman Glenn reported that Harry Rediger, TTF6 Committee Chairman, gave a presentation on the Committee's proposed project lists at the October 16, 2019 City Council meeting. 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. Koetting and seconded by Mr. Spooler. Respectfully submitted, evin Greaser Secretary