Staff:
Agenda:
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Ryan Shrimplin, AICP - City Planner
4/17/2023 |
AGENDA REPORT
Cape Girardeau City Council
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23-087
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SUBJECT
An Ordinance approving the final development plan of South Side Farms Phase 1.
EXECUTIVE SUMMARY
The attached ordinance approves the final development plan of South Side Farms Phase 1, which is part of the South Side Farms Planned Development.
BACKGROUND/DISCUSSION
An application has been submitted for approval of the final development plan of South Side Farms Phase 1, located at the northwest corner of Walnut Street and Beaudean Lane and zoned PD (Planned Development District). The City Council approved the amended preliminary development plan of South Side Farms on April 18, 2022.
The Phase 1 final development plan proposes 14 single-family detached dwelling units, 12 townhouse dwelling units, and 16 multifamily dwelling units along with a community building/early childhood learning center. Two private streets with sidewalks are proposed. A private stormwater detention basin is proposed on the property west of and adjacent to the development. The basin will discharge to an existing creek. Public water and sanitary sewer mains will be extended to serve the development. Refer to the application materials for more information.
Section 30-71(t)(2) of the Zoning Code contains the following criteria for determining if a final development plan is in substantial conformity with the approved preliminary development plan:
(2) Substantial conformity defined. A final development plan shall be deemed not to be in substantial conformity with an approved preliminary development plan if it:
a. Increases by more than five percent from the maximum density approved in the preliminary development plan.
b. Increases by more than five percent the maximum floor area to be devoted to any nonresidential use.
c. Increases the height of buildings by more than five percent.
d. Decreases by more than five percent the area approved for public and private open space, or changes the general location of such areas.
e. Relocates approved circulation patterns to any extent that would decrease the ability of such patterns to function efficiently, adversely affect their relation to surrounding lands and circulation patterns, or would reduce their effectiveness as buffers or amenities.
f. Significantly alters the arrangement of land uses within the planned development.
g. Violates any provision of the codes and ordinances applicable to the proposed planned development.
h. Departs from the preliminary development plan in any other manner which the Planning and Zoning Commission or City Council shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed planned development.
The final development plan shows additional multifamily dwelling units that were not shown in this area on the approved amended preliminary development plan. As a result, the maximum density for this area has increased by more than five percent. Additionally, the layout of the community building and early childhood learning center site has changed. Due to these changes, the final development plan is not in substantial conformity with the approved amended preliminary development plan. Pursuant to Section 30-71(t)(3)(b), the Planning & Zoning Commission must make a recommendation to the City Council rather than taking final action on the final development plan. If the City Council chooses to approve the final development plan, then it must do so by ordinance.
STAFF RECOMMENDATION
The staff report to the Planning and Zoning Commission recommended approval of the final development plan.
BOARD OR COMMISSION RECOMMENDATION
The Planning and Zoning Commission, at its December 14, 2022 meeting, recommended approval of the final development plan with a vote of 5 in favor, 0 in opposition, and 1 abstaining.
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