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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 07-12-2017CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING AND ZONING COMMISSION MEETING MINUTES July 12, 2017 City Hall — Council Chambers Present: Trae Bertrand, Larry Dowdy, Kevin Greaser, Patrick Koetting, Scott McClanahan, Doug Spooler, Thomas J. Welch Absent: Jeff Glenn, Bruce Skinner Staff Present: Carol Peters, Ryan Shrimplin Call t C)rdin- r Chairman Bertrand called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the June 14, 2017 meeting were unanimously approved upon motion made by Mr. Dowdy and seconded by Mr. McClanahan. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of the City of Cape Girardeau to rezone property at 1429 Kurre Lane from the R-1 (Single -Family Suburban Residential) district to the C-1 (General Commercial) district. Mr. Shrimplin, representing the City of Cape Girardeau, explained that the property is currently the site of Fire Station 4. With the completion of a new Fire Station 4 on Lexington Avenue in the upcoming months, the City is preparing to sell the property. Due to the existing building and site improvements, the property is more suitable for commercial uses than residential. He continued by stating this is the only property on Kurre Lane between North Kingshighway and Kingsway Drive that is not zoned commercial. The staff report recommended approval. Chairman Bertrand opened the public hearing. Mr. Bruce Dockins, representing McCombs Funeral Home at 1425 Kurre Lane, inquired as to what types of uses are allowed in the R-1 district vs. the C-1 district. He expressed concern about what businesses could possibly move in next to their facility. Chairman Bertrand explained that the funeral home property and most of the other surrounding properties are already zoned commercial, and the uses allowed in the proposed zoning district for the subject property are the same uses allowed for these properties. Seeing no other appearances to speak, Chairman Bertrand closed the public hearing. A motion was made by Mr. Spooler and seconded by Mr. Greaser to recommend approval of the request of the City of Cape Girardeau to rezone property at 1429 Kurre Lane from the R- 1 (Single -Family Suburban Residential) district to the C-1 (General Commercial) district. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Greaser, Koetting, McClanahan, Spooler, Welch) 2. A public hearing was held on the request of AB Commercial Properties for a special use permit to construct, maintain, and operate a vehicle washing facility in the C-2 (Highway Commercial) district at 3451 and 3457 William Street. Mr. Phillip Smith, the project City of Cape Girardeau Planning & Zoning Commission Meeting Minutes July 12, 2017 Page 2 of 6 architect, represented the applicant. Mr. Smith stated the special use permit request is for a tunnel car wash with vacuum stations. The project includes two driveways on Route K. A portion of the property is reserved for future development. A staff report was submitted to the Commission, which addressed the following variances and exceptions included as part of the special use permit request: • Variance for encroachment in front yard building setback per Section 30-334(f)(3)a. (minimum 25 foot setback required; canopy proposed 8 feet from front lot line). Staff does not support this variance because there does not appear to be an unnecessary hardship. There is sufficient room on the site to move the building back such that the canopy does not encroach on the setback or encroaches by a lesser amount. • Exception for percent parking lot interior landscaping per Section 25-804(b)(1) (minimum of 15% required; less than 1% proposed). Staff supports this exception because the applicant is proposing large landscaping areas on the fringe of the parking lot and because the overall site landscaping is greater than the minimum percent required by the code, both of which qualify as a substantial equivalent. Exception for wall signage per Section 25-506(a) (wall signage limited to street - facing elevations; wall signage proposed on elevations that do not face a street). Staff supports this exception with the condition that the aggregate area of all wall signs for the building does not exceed the maximum wall sign area per the City's sign regulations. This condition of approval permits the applicant to transfer allowable wall sign area from the north (street -facing) elevation to the other elevations without an increase in allowable wall sign area, which qualifies as a substantial equivalent. The staff report also reviewed the special use permit criteria and made the following determinations: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Findin :The property is located on a state highway, which is under the jurisdiction of the Missouri Department of Transportation (MoDOT). The proposed driveway and street improvements require MoDOT approval. The applicant is responsible for applying for the required MoDOT permit(s) and agreeing to whatever scope of work is necessary to obtain approval. As long as the applicant obtains the required MoDOT permit(s) and constructs the improvements accordingly, the proposed special use will not result in an increase in traffic hazards or congestion. Criterion #2: The proposed special use will not substantially increase fire hazards. Findin The proposed special use will be developed in compliance with the City's Building and Fire Codes, and will operate in compliance with local, state, and federal laws governing vehicle washing facilities. As such, it will not substantially increase fire hazards. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes July 12, 2017 Page 3 of 6 Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Findin The property is located on the fringe of a large commercial area that transitions to open land and low-density development. The proposed special use is compatible with the existing land uses and developments in this area and as such, it will not adversely affect the character of the neighborhood. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Findin.qL The proposed special use will not adversely affect the general welfare of the community as long as the traffic and utilities are property addressed as discussed in this report. Criterion #5: The proposed special use will not overtax public utilities. Findin Adequate water service is available on or near the property. The application indicates the facility will utilize several state-of-the-art systems to conserve water. The nearest sanitary sewer main is over 200 feet from the property. The applicant is responsible for extending the main to the property and getting the neighboring property owners to grant the necessary public and private easements. In addition, the applicant is responsible for installing any stormwater lines required to comply with the City's stormwater regulations, which may include crossing neighboring properties and obtaining easements. As long as these items are addressed, the proposed special use 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 except for the exceptions granted 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. This permit only covers Phase 1 as described in the application. 6. The applicant shall obtain all required permits and approvals from the Missouri Department of Transportation (MoDOT) for the proposed driveway and street improvements. 7. Prior to issuance of the building permit, a record plat shall be submitted that combines both tracts into a single lot. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes July 12, 2017 Page 4 of 6 8. The site plan shall be revised to show the building, including the canopy, completely out of the required setbacks. If this is not feasible, the applicant shall submit a separate application for a variance. 9. Canopy light fixtures shall have a flush or recessed lens. 10. Rooftop mechanical equipment shall be screened on all sides. 11. The aggregate area of all wall signs for the building shall not exceed the maximum wall sign area per the City's sign regulations. 12. Except for the sign exception noted above, signage is not approved as part of this permit. A sign permit application shall be submitted separately for the proposed signs. Chairman Bertrand opened the public hearing and seeing no appearances to speak, he closed the public hearing. Chairman Bertrand confirmed with Mr. Smith that the applicant was aware of the conditions listed in the staff report and had no objections to them. Mr. Welch noted that the applicant would be responsible for obtaining approval from the Missouri Department of Transportation for the proposed access points. Chairman Bertrand and Mr. Dowdy abstained from the discussion and vote for business reasons. A motion was made by Mr. Spooler and seconded by Mr. Koetting to recommend approval of the request of AB Commercial Properties for a special use permit to construct, maintain, and operate a vehicle washing facility in the C-2 (Highway Commercial) district at 3451 and 3457 William Street, subject to the conditions listed in the staff report. The motion passed with a vote of 5 in favor, 0 in opposition, and 2 abstaining. (Aye: Greaser, Koetting, McClanahan, Spooler, Welch; Abstain: Bertrand, Dowdy) 3. A public hearing was held on the request of Rendleman Orchards, Inc. for an exception from Development Code Section 25-506(a), wall signs, at 1705 North Kingshighway. Ms. Michelle Sides, owner of Rendleman Orchards, Inc., explained that she is setting up a produce stand at 1705 North Kingshighway. She would like to display a wall sign on the northwest building elevation, which does 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. Findin Per the above code section, the subject building is permitted wall signage on one elevation that has street frontage (northeast). In order to display a wall sign on the northwest elevation, the applicant is proposing to transfer a portion of the permitted wall sign area from the northeast elevation. 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. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes July 12, 2017 Page 5 of 6 Eindin 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 permitted wall sign area per the City's sign regulations. Chairman Bertrand opened the public hearing and seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Welch and seconded by Mr. Dowdy to approve the request of Rendleman Orchards, Inc. for an exception from Section 25- 506(a), wall signs, at 1705 North Kingshighway. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Greaser, Koetting, McClanahan, Spooler, Welch) SUBDIVISION PLATS 4. The record plat of Deer Creek Ridge Subdivision was reviewed by the Commission after being removed from the table. Mr. Craig Billmeyer, 2218 Lakewood Drive, represented the applicant. He stated the plat establishes a five (5) lot subdivision by reconfiguring seven (7) existing lots. Mr. Shrimplin explained that the plat shows a variance for a reduced lot width for Lot 1. Staff supports the variance because increasing the width of Lot 1 to the minimum lot width of eighty (80) feet at the normal setback line would render Lot 2 unbuildable. The staff report recommended approval, subject to staff's comments being addressed. A motion was made by Mr. Spooler and seconded by Mr. Koetting to recommend approval of the Deer Creek Ridge Subdivision Record Plat, subject to staff's comments being addressed. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Greaser, Koetting, McClanahan, Spooler, Welch) OTHER ITEMS AND COMMUNICATION Chapter 30 Amendment Regarding Shipping Containers Upon a motion made by Mr. Spooler and seconded by Mr. Greaser, the Commission voted unanimously to remove the Chapter 30 Amendment for Shipping Containers from the table. Mr. Shrimplin presented a matrix tool to assist the Commission in deciding how to recommend regulating shipping containers in each of the City's standard zoning districts. Using the tool, the Commission evaluated each district in two categories: permanent use of shipping containers and temporary use of shipping containers. The results showed the Commission was not in favor of allowing, by right, the permanent or temporary use of shipping containers in any district. The Commission was in favor of allowing permanent and temporary use of shipping containers with a special use permit in the NC (Neighborhood Commercial), C-1 (General Commercial), C- 2 (Highway Commercial), M-1 (Light Manufacturing/Industrial), M-2 (Heavy Manufacturing/Industrial), and A-1 (Airport) districts. They also were in favor of allowing temporary use of shipping containers with a special use permit in the AG (Agricultural), AG -1 (Exclusive Agricultural), and RE (Rural Estate Single -Family) districts. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes July 12, 2017 Page 6 of 6 Mr. Quinn Strong with Greenproject, Casa Properties, Poolhouse Apartments, and Little City Development asked the Commission to reconsider their recommendation for the R-3 (High Density Single -Family Residential) and R-4 (Medium Density Multifamily Residential) districts because many properties in these two districts are in need of redevelopment. The Commission directed staff to prepare a new amendment reflecting the results of the evaluation and schedule a new public hearing for the August 9, 2017 Planning &Zoning Commission meeting. Staff Communication Mr. Shrimplin reported that the Teska team will be in Cape Girardeau on August 2-3, 2017 to conduct stakeholder interviews and meet with the Comprehensive Plan Oversight Committee and City staff as well as conduct site visits. The Comprehensive Plan Oversight Committee meeting will be on August 3, 2017 at 7:00 a.m. in the Development Services Conference Room on the second floor of City Hall. Mr. Shrimplin stated there is a vacancy on the Oversight Committee due to Bill Hinckley no longer serving on the Planning and Zoning Commission. Mr. Spooler agreed to serve on the Oversight Committee along with the other two Commission representatives, Mr. Bertrand and Mr. McClanahan. Mr. Shrimplin announced that the Southeast Metropolitan Planning Organization (SEMPO) has opened an online survey to obtain public input on the development of its Regional Bicycle and Pedestrian Plan. The survey closes on July 21, 2017. He encouraged everyone to fill out the survey. He added that once the survey closes, a draft of the plan will be prepared and presented to the public for review. Adjournment Upon motion made by Mr. McClanahan and seconded by Mr. Spooler, the Commission voted unanimously to adjourn the meeting at 7:55 p.m. Respectfully sub 'd, .. Bruce Skinner Secretary