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HomeMy WebLinkAboutPlanning and Zoning Commission Minutes 10-10-2018CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING &ZONING COMMISSION MEETING MINUTES October 10, 2018 City Hall — Council Chambers Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, Kevin Greaser, Patrick Koetting, Scott McClanahan, Bruce Skinner, Doug Spooler, Thomas J. Welch Absent: None Staff Present: Carol Peters, Ryan Shrimplin Call M Orrip-r Chairman Glenn called the meeting to order at 7:00 p.m Approval of Minutes The minutes of the September 12, 2018 meeting were unanimously approved upon motion made by.Mr. Welch and seconded by Mr. Bertrand. Chairman Glenn asked the Commission to consider changing the order of the agenda by moving the first item (a public hearing on a rezoning request by Brandon O. Williams) to the third item due to the large number of people in attendance for this item and the length of time anticipated for the hearing and discussion. A motion was made by Mr. Koetting and seconded by Mr. Skinner to amend the agenda by moving the first item, a public hearing on a rezoning request by Brandon O. Williams, to the third item on the agenda. The motion passed by a unanimous vote. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of Krispy Kreme Doughnuts for an exception from Development Code Section 25-506(a), wall signs, at 2122 William Street. Mr. Eric Schneider, applicant, explained that he would like to transfer a portion of unused permitted wall sign area from the south building elevation (which has street frontage) to the north, east, and west building elevations (which do not have street frontage). 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 one (1) elevation that has street frontage (south). In order to display wall signage on the north, east, and west elevations, the applicant is proposing to transfer a portion of the permitted wall sign area from the south elevation. This qualifies as a "substantial equivalent" because the applicant receives the same amount of wall sign area, but gets to distribute it differently. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes October 10, 2018 Page 2 of 7 Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. FindiM_ 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, with the following condition: 1. The aggregate sign area of all wall signs for the building shall not exceed the maximum 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. Koetting and seconded by Mr. McClanahan to approve the request of Krispy Kreme Doughnuts for an exception from Development Code Section 25-506(a), wall signs, at 2122 William Street, subject to the condition listed in the staff report. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) 2. A public hearing was held on the request of Krispy Kreme Doughnuts for an exception from Development Code Section 25-506(b), freestanding signs, at 2122 William Street. Mr. Eric Schneider, applicant, explained that he would like to transfer 1.67 square feet of unused permitted wall sign area to the permitted freestanding sign area, which would allow the freestanding sign to be 150 square feet in area. 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, one (1) freestanding sign is allowed on the subject lot, with a maximum area of 148.33 square feet based on the lot frontage. In order to increase the maximum area to 150 square feet, the applicant is proposing to transfer 1.67 square feet of unused wall sign area to the freestanding sign. This qualifies as a "substantial equivalent" because the applicant receives the same amount of total 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. Finding_ 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, with the following condition: City of Cape Girardeau Planning & Zoning Commission Meeting Minutes October 10, 2018 Page 3 of 7 1. The maximum wall sign area per the City's sign regulations shall be reduced by 1.67 square feet. Chairman Glenn opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Koetting and seconded by Mr. Skinner to approve the request of Krispy Kreme Doughnuts for an exception from Development Code Section 25-506(b), freestanding signs, at 2122 William Street, subject to the condition listed in the staff report. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) 3. A public hearing was held on the request of Brandon O. Williams to rezone property at the southwest corner of Hopper Road and Old Hopper Road from R-1 (Single -Family Suburban Residential District) to R-3 (High Density Single -Family Residential District). Ms. Megan Andrews, attorney for the law firm Layton & Southard, represented the applicant. Ms. Andrews explained that Mr. Williams would like to rezone 18.51 acres of the 55.83 acre tract to develop duplexes as part of a retirement community. A staff report was submitted to the Commission, which recommended approval the rezoning request. Mr. Greaser recused himself from the discussion and vote for business reasons. Mr. Skinner recused himself from the discussion and vote due to the subject property being near his residence. Chairman Glenn opened the public hearing. Ms. Cheryl Essner, 533 West Highland Drive, expressed her concern about the lack of details regarding the proposed development. She asked the Commission to consider requiring a bufferyard between the proposed duplex lots and the existing single-family lots adjacent to the development. Mr. Shrimplin explained that the City Code does not require a bufferyard for two-family uses (duplexes) adjacent to single-family uses. He further explained that under Missouri law, the City cannot impose conditions as part of the approval of a request to rezone to a standard zoning district. In response to a comment from Ms. Essner regarding a sign the developer posted on the property stating it is a rental community accepting Housing and Urban Development (HUD) financing, Mr. Bertrand clarified that the sole duty of the Commission is to determine whether or not the proposed zoning district meets the state's legal criteria, which does not include marketing and financial aspects of a particular development. Mr. Shrimplin stated that the City does not have the authority to regulate these aspects. Chairman Glenn explained that each zoning district only allows certain land uses in order to protect surrounding property owners and residents as well as the general public. Mr. Welch suggested that the residents speak with the developer regarding the possibility of a private agreement for installing and maintaining a bufferyard. Ms. Debra Mitchell Braxton, 3734 Old Hopper Road, stated that she is not against diversity and just wants to know what kind of development will be on the property. Mr. Bertrand stated that the developer is proposing to develop the 18.51 acres subject to the R-3 rezoning for duplexes, but if the rezoning is approved, he can develop the property for any permitted use listed in the R-3 district regulations. Chairman Glenn stated that the Commission cannot consider a specific proposed use or development as part of reviewing a standard rezoning request because doing so would be speculation; the Commission is obligated to base its decisions on facts, not speculation. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes October 10, 2018 Page 4 of 7 Mr. Edward Bauerle, 3916 Hopper Road, explained that he has spent the last two (2) months going door to door and speaking with neighbors regarding his concerns about the proposed rezoning. He stated that Mr. Williams has been non -committal regarding his true intentions for the property, which has resulted in a sense of mistrust among the residents in the neighborhood. For this reason, he is opposed to the rezoning request. Mr. Bauerle then asked how the rezoning would benefit the city. Mr. Bertrand reiterated that the Commission's decision must be based solely on the state's legal criteria. Chairman Glenn explained that per the criteria, the Commission must determine 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 stated that he believes the proposed R-3 district meets the criteria because it provides a transition between the single-family homes on the east side and the interstate on the west side. Mr. Kevin Walters, 3825 Valley View Lane, stated that he is in favor of the rezoning request. He mentioned that he has looked at several of Mr. Williams' developments and did not identify any issues with them. He asked the Commission to recommend approval of the request. Ms. Teresa Wilke, 3726 Old Hopper Road, explained that her concerns are not so much about the type of housing as they are about the additional traffic and the safety .concerns that it will create. She asked that the City work with the residents to keep them better informed of projects affecting their neighborhood. Mr. Barry Zerbe, 603 West Highland Drive, expressed his concern about additional traffic on Old Hopper Road due to the development. He also mentioned that one (1) of the oldest and largest red oak trees in the State of Missouri (which is registered with the State) is located on his property. He asked that the City ensure the tree is not damaged by the project. Chairman Glenn stated that the Commission cannot do anything about the traffic concerns at this time; however, improvements to Old Hopper Road might be discussed as part of the project selection process for the next installment of the Transportation Trust Fund (TTF). He noted that Old Hopper Road is maintained by Cape Special Road District, so any work on that road would require the Road District's cooperation. Regarding the tree, Chairman Glenn suggested that Mr. Zerbe contact the developer to discuss. Mr. Baurle reiterated Ms. Wilke's comments and stated that the residents' concerns could have been avoided if there had been better communication. He added that the way information was communicated caused mistrust and anxiety, and the HUD sign compounded the problem. Mr. Greaser stated that the Commission always encourages developers to contact the neighboring property owners directly to discuss their plans and work to resolve any issues. Ms. Essner stated that she does not feel it should be the developer's responsibility to share information about their plans with the residents; rather, it should be the City's responsibility. Chairman Glenn responded by stating that he feels it is the residents' responsibility to be informed about projects and other things affecting their neighborhood. Mr. Shrimplin stated that applications such as this are public records and are therefore available to the public for review upon request in accordance with the Missouri Sunshine Law and the City's public records policy. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes October 10, 2018 Page 5 of 7 Mr. Jim Shandy, 3702 Old Hopper Road, stated that as a homeowner, he has an investment stake in the neighborhood and should therefore be involved in making decisions about what is and is not allowed in the neighborhood. He continued by stating that he feels there is too much latitude in the R-3 zoning district regulations in terms of what is allowed. He expressed concerns about not being notified about a meeting that was held with the developer, the City Manager, and a small group of residents. Chairman Glenn clarified that the meeting was scheduled at the request of the City Manager and did not involve the Planning and Zoning Commission or the City Council. There were no actions taken at the meeting. Thus, the meeting was not considered a public meeting under the Missouri Sunshine Law. Mr. Bertrand stated that for public meetings, the City staff goes above what is required by law in terms of giving notice to the residents. Ms. Sandra Shandy, 3702 Old Hopper Road, stated that she was concerned about increased traffic on Old Hopper Road and the potential for vehicles driving off the road and into her yard. Mr. Dale Clarke, 3815 Hopper Road, stated that many residents are upset about this request but they may have felt differently if they had been given more information up front. He added that he believes the City would have to be gaining something by approving the rezoning. Mr. Harold Tilley, 204 Rockport Drive, stated that if the previous property owner, a church, had been allowed to move forward with its development plans, the property would not have been sold to Mr. Williams, and this whole issue could have been avoided. Mr. Mike McLaughlin, 258 South Lake Drive, asked what would happen if the 18.51 acres were to be rezoned and then the developer were to decide he wants additional acres rezoned to R-3. Chairman Glenn reiterated that the Commission cannot engage in such speculation. The facts before the Commission tonight are that the developer is requesting rezoning 18.51 acres to R-3 and leaving the remainder as R-1. Seeing no other appearances to speak, Chairman Glenn closed the public hearing. A motion was made by Mr. Bertrand and seconded by Mr. Spooler to recommend approval of the request of Brandon O. Williams to rezone property at the southwest corner of Hopper Road and Old Hopper Road from R-1 (Single -Family Suburban Residential District) to R-3 (High Density Single -Family Residential District). Mr. McClanahan asked for clarification on where the access to the proposed development would be located. Mr. Shrimplin responded by stating that the preliminary plat approved by the City Council on September 20, 2018 shows three (3) access points: one (1) on Hopper Road and two (2) on Old Hopper Road. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 2 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Spooler, Welch; Abstain: Greaser, Skinner). SUBDIVISION PLATS 4. The record plat of The Highlands at Hopper Crossing —Phase 1 was reviewed by the Commission. Mr. Shrimplin explained that the plat consists of twenty-one (21) lots and dedicated right-of-way for one (1) new street (Lochinvar Lane). A staff report was submitted to the Commission, which recommended approval of the plat as submitted. A motion was made by Mr. Skinner and seconded by Mr. Dowdy to recommend approval of The Highlands City of Cape Girardeau Planning & Zoning Commission Meeting Minutes October 10, 2018 Page 6 of 7 at Hopper Crossing — Phase 1 record plat. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) 5. The record plat of Lilmac East Second Subdivision was reviewed by the Commission. Mr. Shrimplin explained that the plat subdivides Lots 9 and 10 of Lilmac East Subdivision into four (4) lots. A staff report was submitted to the Commission, which recommended approval of the plat as submitted. A motion was made by Mr. Skinner and seconded by Mr. Greaser to recommend approval of the Lilmac East Second Subdivision record plat. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) OTHER ITEMS AND COMMUNICATION 6. Commission Appointment Recommendations — Chairman Glenn informed the Commission that Mr. Bertrand and Mr. McClanahan will each reach their term limit prior to the next Commission meeting. He recognized Mr. Bertrand for his twelve (12) years of service on the Commission and Mr. McClanahan for his fourteen (14) years of service. He thanked them for their leadership and dedication to helping the community. Mr. Shrimplin presented a certificate of service to each of them, and expressed his appreciation on behalf of the City for their many contributions to the Commission and the community. The Commissioners then reviewed Advisory Board Applications and recommended Ed Thompson and Kenneth Schmitz to fill the vacancies left by Mr. Bertrand and Mr. McClanahan. Board Communication Mr. Bertrand stated that it was a great twelve (12) years serving on the Commission. Mr. McClanahan stated that it was a nice way to serve the community and he learned a lot while serving on the Commission. Staff Communication Mr. Shrimplin gave the following updates: • Update on City Council actions taken on items from previous Commission Meeting - Chapter 30 amendment regarding definitions — second and third readings approved on September 20, 2018 - Deer Run Estates preliminary plat — approved by motion on September 20, 2018 - Complete Streets Policy — adopted by resolution on September 20, 2018 - Walnut Street right-of-way dedication plat — being held from Council review pending corrections to address staff review comments • Update on Transportation Trust Fund (TTF) Projects West End Boulevard — Rose Street to Bertling Street — public meeting was held on September 26, 2018 and was well attended Independence Street — Gordonville Road/East Rodney Drive to Caruthers Street — II City of Cape Girardeau Planning & Zoning Commission a Meeting Minutes October 10, 2018 Ivl Page 7 of 7 City staff is reviewing options prepared by the consultant Mr. Shrimplin reported that the next TTF installment (TTF-6) will be on the ballot in August, 2020. Therefore, the TTF Subcommittee will start meeting in June, 2019 to begin preparing a list of recommended projects for the City Council's consideration. Adjournment Upon motion made by Mr. Bertrand and seconded by Mr. McClanahan, the Commission voted unanimously to adjourn the meeting at 8:45 p.m. Respectfully submitted, Glenn Chairman