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HomeMy WebLinkAboutPlanning and Zoning Commission Minutes 02-14-2018CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING &ZONING COMMISSION MEETING MINUTES February 14, 2018 City Hall — Council Chambers Present: Larry Dowdy, Jeff Glenn, Kevin Greaser, Patrick Koetting, Scott McClanahan, Bruce Skinner, Doug Spooler, Thomas J. Welch Absent: Trae Bertrand Staff Present: Carol Peters, Ryan Shrimplin Call to Ordpw Chairman Glenn called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the January 10, 2018 meeting were unanimously approved upon motion made by Mr. Koetting and seconded by Mr. Spooler. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of the Cape Girardeau Area Housing Committee of the Community Caring Council to rezone property along South West End Boulevard and Walnut Street from R-2 (Single -Family Urban Residential District) to R-4 (Medium Density Multifamily Residential District). Chairman Glenn recused himself from the discussion and vote for business reasons, but stated he will handle opening and closing the public hearing. Mr. Chad Hartle, RCH Development, Inc., represented the applicant. He explained that the Housing Committee is comprised of twenty-four (24) non-profit organizations and was established several years ago to bring safe, affordable and accessible housing to Cape Girardeau. The Housing Committee is proposing to establish an affordable housing development consisting of forty (40) apartment units and a community building. The project will be constructed by RCH Development, Inc. and managed by Hartle Management Agency, Inc. in cooperation with the Housing Committee. Supportive services will be provided by the Community Caring Council. Mr. Welch asked if the Community Caring Council will be using the community building to provide services for clients who are not residents of the development. Mr. Hartle responded by stating he did not believe this will be the case. He noted that plentyofon-site parking will be provided. Chairman Gle nn opened the public hearing and seeing no appearances, to speak, he closed the public hearing. A motion, was made by Mr. Greaser and secondedby Mr. McClanahan to recommend approval of the request of the Cape Girardeau Area Housing Committee of the Community Caring Council to rezone property along South West End Boulevard and Walnut Street from R-2 (Single -Family Urban Residential District) to R-4 (Medium Density Multifamily Residential District). The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 1 abstaining. (Aye: Dowdy, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch; Abstain: Glenn) City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 14, 2018 Page 2 of 4 2. A public hearing was held on the request of Verve Design Studio for a special use permit to use a shipping container for interior restaurant seating at 118 Siemers Drive, Suite 105, located in the C-2 (Highway Commercial) zoning district. Mr. Alex Bley, Verve Design Studio, explained that his client, Sugarfire Smoke House, is opening a new restaurant at this location, and the shipping container will be used as a setting for booth -style seating. 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. Finding The proposed shipping container is a design element which intrinsically will not generate traffic and therefore will not substantially increase traffic hazards or congestion. Criterion #2: The proposed special use will not substantially increase fire hazards. Findin .. The proposed shipping container will comply with the City's Building and Fire Codes and therefore will not substantially increase fire hazards. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Finding-, The proposed shipping container is part of the image and design theme associated with this particular restaurant. It will be located inside the restaurant and will be compatible with the other design elements. It should be noted that the applicant is also proposing to use materials that mimic a shipping container in other areas of the restaurant, including the smoker enclosure. These materials do not fall under the definition of shipping container and therefore are allowed without a Special Use Permit. The only area where an actual shipping container is proposed is the area labeled as "Dining West' on the floor plan that was submitted as part of the application. Both the shipping container and the other materials will be painted to be compatible with the design theme. The use of the shipping container in this particular instance will not adversely affect the character of neighborhood, which consists of extensive commercial development and no adjacent residential areas. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding Based on the location and manner in which it will be used, the proposed shipping container will not adversely affect the public. Criterion #5: The proposed special use will not overtax public utilities. Findin The proposed shipping container is a design element which intrinsically will not generate utility demand and therefore will not overtax public utilities. 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. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 14, 2018 Page 3 of 4 2. Major modifications to this special use, including additional shipping containers, 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. Chairman Glenn opened the public hearing and seeing no appearances to speak, he closed the public hearing. Mr. Welch asked Mr. Bley if there are any concerns about residual contaminants from the shipping container's prior use. Mr. Bley stated the shipping container will be carefully selected and treated to mitigate any potential contamination. A motion was made by Mr. Koetting and seconded by Mr. Skinner to recommend approval of the request of Verve Design Studio for a special use permit to use a shipping container for interior restaurant seating at 118 Siemers Drive, Suite 105, 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: Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) 3. A public hearing was held on the request of M & M Sign Installation & Service for an exception from Development Code Section 25-506(a), wall signs, at 211 Siemers Drive. Mr. Koetting recused himself from the discussion and vote for business reasons. Mr. Walter Margrabe, M & M Sign Installation & Service, explained that his client, Buffalo Wild Wings, is opening a new restaurant at this location, and would like to display signage on all four (4) sides of the building. Two (2) of the sides do not have street frontage. In response to a question from the Commission, Mr. Shrimplin confirmed that the proposed signage does not exceed the maximum permitted wall sign area per the City's sign regulations. A staff report was submitted to the Commission, containing 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: Per the code requirement, the subject building is permitted wall signage on two elevations that have street frontage (north and east). In order to display wall signs on the west and south elevations, the applicant is proposing to transfer a portion of the permitted wall sign area from the other elevations. This qualifies as a "substantial equivalent" because the applicant receives the same amount of wall sign area, but gets to distribute it differently. 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, subject to the following condition: 1. -The aggregate sign area of all wall signs for the building shall not exceed the maximum permitted wall sign area per the City's sign regulations. Chairman Glenn opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Greaser and seconded by Mr. Dowdy to approve the request of M & M Sign Installation & Service for an exception from City of Cape Girardeau Planning & Zoning Commission Meeting Minutes February 14, 2018 Page 4 of 4 Development Code Section 25-506(a), wall signs, at 211 Siemers Drive, subject to the condition listed in the staff report. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 1 abstaining. (Aye: Dowdy, Glenn, Greaser, McClanahan, Skinner, Spooler, Welch; Abstain: Koetting) SUBDIVISION PLATS 4. The record plat of Collins Mill Subdivision — Phase 3 was reviewed by the Commission. Mr. Shrimplin stated this is the final phase of the Collins Mill Subdivision, located along Old Hopper Road. He explained that the plat shows an exception for the omission of the required 10 foot utility easement along the rear lot line of Lot 26 and a portion of the rear lot line of Lot 27. The exception was previously approved as part of the approval of the amended preliminary plat for Collins Mill Subdivision. A motion was made by Mr. McClanahan and seconded by Mr. Koetting to recommend approval of the Collins Mill Subdivision — Phase 3 record plat. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) ER ITEMS AND COMMUNICATION Staff Communication Mr. Shrimplin stated Lochmueller Group and the Study Oversight Team held a conference call to review the comments received on the SEMPO Regional Bicycle and Pedestrian Plan. The final plan will now be prepared for adoption by the SEMPO Board of Directors. Mr. Shrimplin gave an update on the Cape Vision 2040 comprehensive plan process. He stated approximately forty (40) people attended the January 25th workshop, which expanded on the ideas collected at the November 7th workshop, the Spaghetti Day idea booth, and the quick poll on the project website. The consultant team will now take the results of the latest workshop and begin drafting the plan. He encouraged the Commission members to follow the process on the project website. Adjournment Upon motion made by Mr. Skinner and seconded by Mr. Spooler, the Commission voted unanimously to adjourn the meeting at 7:30 p.m. Respectful) submitted, evin Greaser Secretary