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HomeMy WebLinkAboutP&Z.Agenda.01-13-2021CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION AGENDA (Revised) PLANNING & ZONING COMMISSION WEDNESDAY, JANUARY 13, 202! 7:00 p.m. In an effort to keep our comns utiw C'omrnission memhers, and sluff sale during the pundenl this meeting xd11 he candueted virlually using the Zoom online ple form- Citi=ens mill he able to view and Pat tic in the meeting via the Zoom app(a ebsite. C'itLens that Irish to speak lnr ur c{eainet an item un trr agenda nnrs[ eonlael the Planning Servicres Office by Wednevdgr, danuurr 13. 20-21 at 3.00 Ism- to have the oppommin, to speak or to lune their input shared during the meeling- Cui-em tnuy submit cornmemv ria emuil to citvolanninL a ¢vofc-ape,ore or by phone at (573) 339-632- p... tea, .... 1, 39-6327por'6ipants trhn are not a planning 6 Zoning Commission member or Cily staff must here their video feanre disabled to allau• all ('n,rmhisvion members to he seen ort the video during the meeting- The link to the meeting 1, helotr: haps ,so eh -oom us3 8193043j2 -2 or Dial (312) 626-6799 1 feeling ID: 819 3043 52-2 Scott Blank Bruce Skinner, ('hairuman Donk Jackson Melissa Stickel Patrick Keening, A'ice Chairman Ed i'hompsov Sid Whiaingtun Kevin Creaser, .Secretary Deborah Young Call to Order. Approval of minutes of the December 9, 2020 meeting Appearances regarding items not on the agenda. REZO.NLNC.S, ,SPECIAL U.SE PERMITS, AND EXCEPTIONS I. public hearing on the request of Rob Younghouse to rezone property located at 1246 and 1248 Meadov✓brook Lane from M-2 (Heavy Manufacturing/Industrial District) to M-1 (Eight Manufacturing/Industrial District). ACTION TAKEN: _ _ Recommended Approval Recommended Denial Tabled OTHER ITEMSAND COMMUNICATION 2. PY2021-2026 Capital Improvement Program. AC'IION TAKEN: Approved Tabled 401 Independence St Cape GlraMeau. MO 63703 573-339-6327 Tel 573-339-6303 Fax atyofcape art, Pe;ee l of 2 CITY Of CAPE GIRARDEAU PLANNING 6 ZONING COMMISSION Rules of Procedure. lilection of Officers. Commission Communication. Staff Communication. • Update on items from previous Commission meetings going on to City Council. • Update on I transportation I rust Fund ( PTF) Projects. Adjournment. the Planning & Luning Cotnmisaion of the it, or Cap, Oirvrdcau_ Visxunn. mac. ao a pan oto regula murine nr a special mcel'm. hold adored sc, on in the Counel I ('hamhers m di,',s I,gal anions. coons of Icgal action or litigation. Icasiog. purchnsing or at, of turf cac, or cuntldcmiul or privheaal communication with its attunmw, pursuant In RSM'- Seaton, 6t0,021 (1) wtd 610.021 (2). NOTE: Public hearimas on rezoning requests recommended for approval by the Planning & Zoning Commission tonight will be held at the City Council meeting on Monday, February 1, 2021. Rezoning requests recommended for denial tonight will be referred to the City Council at its meeting on Tuesday, January 19, 2021. c 1r- wlit'., 401 Independence St Cape Girardeau, M063703 573-339-6327 Tel 573339-6303 Fax clryofcape. org Page 2 of CITY of CAPE w . A PLANNING & ZONING COMMISSION PLANNING i ZONING COMMISSION MEETING MINUTESl December 1' 1 Zoom Online Video Conference Present: Scott Blank, Kevin Greaser, Derek Jackson, Patrick Koetting, Bruce Skinner, Melissa Stickel, Ed Thompson, Deborah Young Absent: Jeff.Glenn Staff Present: Scott Meyer, Carol Peters, Ryan Shrimplin Call to Order Chairman Skinner called the meeting to order at 7:00 p.m. A motion was by Mr. Koetting and seconded by Mr. Greaser to amend the agenda by moving the rezoning request ahead of the Commission training. The motion passed unanimously. Approval of Minutes The minutes of the November 10, 2020 meeting were unanimously approved upon a motion made by Mr. Koetting and seconded by Mr. Greaser. REZONINGS SPECIAL USE PERMITS AND EXCEPTIONS A public hearing was held on the request of Christian Faith Fellowship to zone property located at 4178 State Highway K as C-2 (Highway Commercial District) upon annexation. Mr. Mark Carbaugh, representing Christian Faith Fellowship, presented the request. He explained that the property is pending annexation and needs to be assigned a City zoning district. The property is leased to Robinson Transport for school bus maintenance and storage. Christian Faith Fellowship is requesting that the property be zoned as C-2 because it allows the current use of the property and because it would match the zoning of the adjacent property to the east (4072 State Highway K). A staff report was submitted to the Commission, which recommended zoning the property as C-2 (Highway Commercial District) upon annexation. Chairman Skinner opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Blank and seconded by Ms. Young to recommend zoning the property as C-2 (Highway Commercial District) upon annexation. The motion passed with a roll call vote of 7 in favor, 0 in opposition, and 0 abstaining. (Aye: Blank, Greaser, Jackson, Koetting, Skinner, Stickel, Young) Mr. Thompson joined the meeting at this time. Commission Training City of Cape Girardeau Planning & Zoning Commission Meeting Minutes December 9, 2020 Page 2 of 3 Scott Meyer, City Manager, thanked the Commission members for their service to the community. He noted that the Commission is different from other City advisory boards in terms of the way members serve. Members of other advisory boards serve at the will of the City Council, meaning they can be removed without a hearing process. But the removal of a Planning and Zoning Commission member requires a hearing and a determination of just cause. Examples of just cause include violation of the City's anti -harassment and anti -discrimination policies. He gave an overview of these policies as well as the attendance policy and the newly amended term limit for advisory board members. He explained that the term limit was reduced from three (3) consecutive full terms to two (2) consecutive full terms in order to increase opportunities for new applicants. Chairman Skinner thanked Mr. Meyer for his presentation. He noted that some advisory boards do not have many applicants, and he asked Mr. Meyer how the term limit change would impact these boards. Mr. Meyer explained that the City created the Citizen's Academy program in the hopes that it will inspire citizens to serve their community by submitting an .advisory board application. He stated that the program has not been active during the pandemic, but the City plans on resuming it soon. Additionally, advisory board members are encouraged to recruit applicants whom they think would qualify and serve the community well. The Commissioners then viewed a video presentation by Eric Cunningham, City Attorney, regarding the Missouri Sunshine Law (also known as the Missouri Open Meetings and Records Law) and the City of Cape Girardeau Conflicts of Interest Ordinance. He explained that the Sunshine Law applies to all public governmental bodies. Except as provided in the law, any public meeting must be held in a place that is reasonably accessible. Also, there must be a minimum 24 hour notice of the date, time, place and tentative agenda for the meeting. He also explained that the law's definition of "public meeting" is very broad and includes communication among members of a public governmental body, in person and/or by means of communication equipment, on any matter of public business, whether or not a quorum is present. Mr. Cunningham explained what constitutes a conflict of interest under the City's ordinance and the steps that must be taken by a City official or employee if they have such a conflict, including public disclosure of the conflict and abstention from voting on and discussing the matter. Mr. Cunningham invited the Commission members to contact him or Mr. Shrimplin if they ever have any questions. OTHER ITEMS AND COMMUNICATION Commission Communication Mr. Greaser informed the Commission that the wife of Tom Welch, a former Commission member, recently passed away. 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 November 16, 2020: 10.11 City of Cape Girardeau Planning & Zoning Commission j� Meeting Minutes F December 9, 2020 Page 3 of 3 • Walden Park Phase 5 Record Plat — 2nd & 3rd Readings • Rhodes Mount Auburn Subdivision Number 2 Record Plat — 2nd & 3rd Readings • Tara Estates Amended Record Plat — 1St Reading The City Council approved the following on December 7, 2020: • Tara Estates Amended Record Plat — 2nd & 3rd Readings • Prairie Farms Subdivision Record Plat — 1 St Reading • The Highlands at Hopper Crossing — Phase 2 Record Plat — 1 St Reading • Zoning of annexed property adjacent to Cape Girardeau Regional Airport — 1 st Reading • Rezoning of property at 319 North Main Street —1St Reading • Rezoning of property at 4210 and 4250 State Highway K —1 st Reading • Rezoning of property at 825 South Ellis Street —1St Reading Adiournment There being no further business, the Commission voted unanimously to adjourn the meeting at 8:00 p.m. upon a motion made by Mr. Jackson and seconded by Mr. Greaser. Respectfully submitted, Kevin Greaser, Secretary Planning & Zoning Commission PROPERTY OWNER: APPLICANT/ REPRESENTATIVE: CURRENT ZONING: REQUESTED ZONING: REZONING 1246 & 1248 Meadowbrook Lane E. C. Younghouse Trust Rob Younghouse M-2 (Meavy Manufacturing/Industrial) M-1 (Light Manufacturing/Industrial) CITY of A .r': / . K' 'M C' COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner MEETING DATE: January 13, 2021 SUBJECT: Rezoning Request for Property at 1246 and 1248 Meadowbrook Lane A rezoning application has been submitted. for the property at 1246 and 1248 Meadowbrook Lane. The applicant is requesting that the property be rezoned from M-2 (Heavy Manufacturing/Industrial District) to M-1 (Light Manufacturing/Industrial District). The immediately surrounding properties are zoned M-2 (Heavy Manufacturing/Industrial District) to the north and east. The rest of the adjacent properties are outside the city limits and are not zoned. This area is characterized by commercial and industrial uses. The Cape Vision 2040 Future Land Use Map shows the subject property as Light Industrial. In considering a rezoning request, both the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The subject property contains two buildings, both of which are suitable for commercial or light industrial use. The M-1 district permits, by right, several types of commercial uses as well as light industrial uses. M-1 is the zoning equivalent of the Light Industrial future land use category in the Cape Vision 2040 comprehensive plan. Given the character of the subject property and the surrounding area, and the fact that the request is consistent with the comprehensive plan, the proposed zoning district is reasonable and in reasonable conformity with the existing uses and surrounding properties. Based on the above findings, staff recommends approval of the rezoning request. 401 Independence St Cape Girardeau, MO 63703 .573-339-6327 Tel 573-339-6303 Fax cityofcape.org Rezoning Request 1246 & 1246 Meadowbrook Lane - ` 71,M9? Requested Rezoning from M-2 (Heavy Manufacturing/Industrial) to M-1 (Light Manufacturing/Industrial) Future Land Use Recommendation: Light Industrial M1 Y - M2 1230 M2 ,T M2 Y 1248 f- �s r 'tom �'° �Yp F W E 6 CITYOfCAPE ' G 1 12 A R D E A U Created By: Carol Peters Planning Services Division December 2, 2020 70 140 280 Fee Y r -4 i �1 M2 >r" `r 31 Rezoning Request 1246 & 1248 Meadowbrook Lane Requested Rezoning from M-2 (Heavy Manufacturing/Industrial) to F I M-1 (Light Manufacturing/Industrial) Future Land Use Recommendation: Light Industrial r, Light IndUstrial 'He avylridustrial 1_38 ti Light Industrial r o t 238 Light Industrial 1242a t =� Z � Z Highway 74 N W E S 0ITYO1�1- Cf CAPE G I R A R D E A U Created By: Carol Peters Planning Services Divisior December 2, 2020 SO 70 140 280 Fee 1246 • Light Industrial 1248 0 S st s- Legend ® Area to be Rezoned = Parcels FUTURE LAND USE RECOMMENDATION Light Industrial jHeavy Industrial RC y t =� Z � Z Highway 74 N W E S 0ITYO1�1- Cf CAPE G I R A R D E A U Created By: Carol Peters Planning Services Divisior December 2, 2020 SO 70 140 280 Fee 1246 • Light Industrial 1248 0 S st s- Legend ® Area to be Rezoned = Parcels FUTURE LAND USE RECOMMENDATION Light Industrial jHeavy Industrial RC REZONING / SPECIAL, USE PERIIII C APPLICATION CITY Of CAPE GIRARDEAU �* 'kn■' a9�' DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property address/Location Applicant Property Owner of Record (if other than Applicant) Mailing Address City, State, Zip Mailing Address City, State, Zip j?'e-w-N* C5- eta c v-D'eviIf O 1' �`�1�i*I Telephone -7S_1b,.3 5 Email tlti'l �� t' 1661.0A Telephone Email Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Type of Request Rezoning ® Special Use Permit U Both Existing Zoning District �' s Proposed Zoning District (Rezoning requests only) l Legal description of property to be rezoned and/or upon which the special use is to be conducted `PT N 1� R Describe the proposed use of the property. Application continues on next page OFFICE USE ONLY 1 ( j Date Received & By 1 —2� -2 —_ File # � I MUNIS Application # a�t? : a MUNIS Permit # Application Fee Received $_ ® Check # 0 Credit Card it Cash lanning & Zoning Commission Recommendation ---- Date City Council Final Action Date Revised 12/06/2019 Special Use Criteria (Special Use Permit requests only) Explain how the special use permit request meets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: ,Application fee ($135.00 payable to City of Cape Girardeau + additional $80 for Planned REQUIRED Q Development rezonings) _ List of adjacent property owners (see Instructions for requirements) See Instructions for more One (1) set of mailing envelopes, stamped and addressed to adjacent property owners information. _ One (1).full size copy of a plat or survey of the property, if available _ One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, light poles, detention basins, landscaping areas, freestanding signs, etc. (Planned Development rezonings and Special Use Permits only) One (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS The undersigned hereby certifies that: 1) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that the special use permit, if approved, will become null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property. — r c Property Owner of Record g ature an Printed Name Date (Provide additional owners signatures and printed names in the space below, if applicable) The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s) of Record to file this application on their bef a , a tha the Prop rty Owner(s) of Record hereby agree to the above certifications. I I -IG Applicant Si nature A Printed Name Date f E> ti Revised 12/06/2019 1246 & 1248 Meadowbrook Lane Part of the Northeast Quarter of the Northeast Quarter of Fractional Section 23, Township 30 North, Range 13 East, described as follows: Begin at the common corner of Sections 13, 14, 23 and 24; thence along the section line between Sections 23 and 24 South 1°55' East, 300.0 feet; thence South 88°05' West 200.0 feet; thence South 1'55' East, 280.0 feet to the point of beginning, said point of beginning being on the North right-of-way line of Route No. 74; thence South 82°06' West and along said North right-of-way line, 113.0 feet to the East right-of-way line of I-55; thence North 12°54' West and along the East right-of-way line of I-55, 100.0 feet; thence North 82°0' East 132.6 feet; thence South 1°55' East, 100.0 feet, more or less to the point of beginning. This tract contains .3.117 acres, more or less. Subject to existing sign lease agreement. Also, a parcel of land containing 0.895 of an acre, more or less, located in the Northeast Quarter of the Northeast Quarter of Section 23, Township 30 North, Range 13 East, described as follows: Start at the northeast corner of said Section 23; thence South 1°55' East, along the east line of Section 23, 306.0 feet; thence South 88°05' West, 200.0 feet for point of beginning; thence South 1°55' East 174.7 feet; thence South 82°00' West, 132.6 feet for a corner in the East right- of-way line of Interstate Highway 5.5; thence along said east right-of-way line, North 12°52' West, 88.0 feet to the point of a. curve to the right; thence along the arc of said curve to the right having radius of 1860.08 feet, a distance of 166.4 feet; thence East, 173.0 feet; thence South 1°55' East, 57.3 feet to the point of beginning. Subject, however, to the reservation of a strip of land 30 feet wide along and adjacent to the east right-of-way line of Interstate Highway 55 across the 0.895 acre parcel, for ingress and egress to property lying south of said parcel. FOR REVIEW 01/13/2021 DRAFTI January 13, 2021 PCanning and Zoning Commiss.4 ion City of Cape Girardeau4 Missouri mules o Procedure �...':- RI R1 R/ P,7 '1.71 A M1 mi R1 P1. RI..: P1' R.1 Rf R1 R7 R,1' �R,l R1 P71 W F9 Po 1 R1. rR1, RI' R.'. •P. I' RI. FO PD PD PI FO' pp FS) F;D F.D RO e � R 1 R, Ri• .-1 F1- � 'fir Ri 7 Pof PD FO - 'Fp. PD' PO ' .RI o. Fo�w Rc .� Fo K o w R1 R, FO F- 1 v -. D R1 RI R1 R1 q1 PD s � F9 PO PC •,� F19)' .As .Amend - 2021 I II. IV V. VI. Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT TABLE OF CONTENTS Page No. DEFINITIONS 1.1 City 3 1.2 Commission 3 1.3 Conflict of Interest 3 1.4 Council 3 1.5 Planning Services Division 3 1.6 Zoning Ordinance 3 PURPOSE OF COMMISSION 2.1 Purpose of Commission 3 POWERS AND DUTIES OF COMMISSION 3.1 Powers and Duties of Commission 3 OFFICERS 4.1 Election of Officers 3 4.2 Chairman 3 4.3 Vice Chairman 4 4.4 Temporary Chairman 4 4.5 Secretary 4 COMMITTEES 5.1 Establishment 4 5.2 Appointments 4 5.3 Meetings 4 5.4 Appearances by Interested Parties 4 MEETINGS 6.1 Regular Meetings 4 6.2 Special Meetings 5 6.3 Quorum 5 6.4 Attendance 5 6.5 Conflicts of Interest 5 6.6 Order Of Business/Agenda 5 6.7 Action by the Commission 5 6.8 Voting Procedures 6 6.9 Recording of Proceedings 6 6.10 Administrative Procedures 6 6.11 Other Information 6 1 VII. VIII Cape Girardeau Planning and Zoning Commission Rules of Procedure PROCEDURES FOR REVIEW OF APPLICATIONS AND OTHER REQUESTS 7.1 Procedure for Rezoning and Special Use Permit Applications 7.2 Procedure for Exception Applications 7.3 Procedure for Subdivision Plat Applications 7.4 Procedure for Other Types of Requests AMENDMENTS TO RULES OF PROCEDURE 8.1 Amendments to Rules of Procedure 2 DRAFT 9 10 10 I II. Cape Girardeau Planning and Zoning Commission Rules of Procedure D RAFT DEFINITIONS 1.1 City. The City of Cape Girardeau, Missouri. 1.2 Commission. The Planning and Zoning Commission of the City of Cape Girardeau, Missouri. 1.3 Conflict of Interest. A conflict between the private interests and the official responsibilities of a person in a position of trust, whether the interests be personal or financial. 1.4 Council. The City Council of the City of Cape Girardeau, Missouri. 1.5 Planning Services Division. The City agency responsible for providing administrative support to the Commission. 1.6 Zoning Ordinance. Chapter 30 of the City's Code of Ordinances. PURPOSE OF COMMISSION 2.1 The Commission was established by City ordinance as authorized in Chapter 89, RSMo. The purpose of the Commission is to carry out the duties set forth in the ordinance and to guide the growth and development of the city. POWERS AND DUTIES OF COMMISSION 3.1 The Commission has all of the powers and duties set forth in Sections 30-202 and 25-113 of the City's Code of Ordinances including, but not limited to, the following: A. Adopting the City's comprehensive plan; B. Approving the City's capital improvements program; C. Making recommendations on subdivision plats; D. Making recommendations on changes to the Zoning Ordinance, including the zoning or rezoning of property; and E. Approving exceptions from the Development Code (Chapter 25 of the City's Code of Ordinances). IV. OFFICERS 4.1 Election of Officers The Commission shall meet annually during the month of January to elect officers in accordance with Section 30-202 of the Zoning Ordinance. A chairman, vice chairman, and secretary shall be elected. Officers shall be eligible for re-election. 4.2 Chairman The Chairman shall preside at all meetings, appoint committees, and perform such other duties as may be ordered by the Commission. It Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT 4.3 Vice Chairman In the absence of the Chairman, the Vice Chairman shall act as Chairman and shall have all the powers of the Chairman. The Vice Chairman shall have such other powers and duties as may from time to time be provided by the rules of the Commission. 4.4 Temporary Chairman In the absence of both the Chairman and Vice -Chairman, a temporary Chairman shall be elected by those present and shall have all the powers of the Chairman and such other powers and duties as may from time to time be provided by the rules of the Commission. 4.5 Secretary The Secretary shall execute documents in the name of the Commission, perform the duties hereinafter listed, and perform such other duties as the Commission may determine. V. COMMITTEES 5.1 Establishment From time to time, and as circumstances warrant, the Commission may establish committees to assist the Commission in the conduct of its business. 5.2 Appointments Committee members shall be appointed for a term of one (1) year or for the duration of the committee, whichever is less. 5.3 Meetings Meetings shall be called at the request of the committee chairman and shall comply with the regulations for any other meeting of the Commission. 5.4 Appearances by Interested Parties When appropriate, the chairman of any committee may, with permission of the Commission Chairman, invite any interested parties to appear before the Commission. VI. MEETINGS 6.1 Regular Meetings Regular meetings of the Commission shall be scheduled for 7:00 P.M. on the second Wednesday of each month, to be held in the Council Chambers. Each Commission member shall be mailed an agenda packet at least seven (7) days prior to the date of the meeting. The date, time, and/or location of any regular meeting may be changed in accordance with the City's Code of Ordinances and the Missouri Sunshine Law. C 6.2 Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT Special Meetings Special meetings may be called at the request of the Chairman, at the request of five (5) members of the Commission, or at the request of the Council. Notices of special meetings shall be mailed or phoned to each member at least twenty-four (24) hours prior to the time set for such meeting, except that announcement of a special meeting when made at any meeting at which a majority of the members are present shall be sufficient notice of such meeting as to such members present. The date, time, and/or location of any special meeting may be changed in accordance with the City's Code of Ordinances and the Missouri Sunshine Law. 6.3 Quorum Gx! GL G'rel A quorum, consisting of at least five (5) of the Commission's nine (9) members, shall be required in order to conduct official business of the Commission at any meeting. Attendance Commission members are appointed by the Council for a term of four (4) years. No Commission member shall serve more than two (2) consecutive full terms. It is the duty of all Commission members to attend all regular and special meetings of the Commission as well as any meetings of committees to which they have been appointed. Should any Commission member be absent for three (3) consecutive regular Commission meetings or four (4) regular Commission meetings within a twelve (12) month period of time, their position on the Commission shall be forfeited. Any Commission member who resigns shall submit a written notice of resignation to the City. Conflicts of Interest Any Commission member who has a conflict of interest with regard to any application or request for consideration by the Commission shall publicly disclose such interest and shall refrain from voting upon or discussing such application or request. Any Commission member who willfully violates this provision shall be guilty of malfeasance and shall forfeit their position on the Commission. Order of Business/Agenda A. Call to order. B. Approval of minutes. C. Items not on the agenda. D. Items on the agenda. E. Hearing, review, and action on all applications (if applicable). F. Other business. G. Committee reports and assignments. H. Commission communication. I. Staff communication. J. Adj ournment. 5 Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT 6.7 Action by the Commission A majority vote of the Commission members present at the meeting shall be required for any decision or action taken by the Commission. 6.8 Votiniz Procedures Motions made by Commission members shall be in the affirmative, that is, "to approve". If a motion fails to receive a second, then it shall die for lack of a seconding motion. A motion having received a formal seconding motion shall be fully discussed before the vote is taken. All motions shall receive a clear majority vote in order to be approved. In the case of a tie vote, the motion is deemed to have failed for lack of a majority. Voting on applications shall be conducted by a roll call vote, with the actual count being recorded in the application file. Voting on other matters may be conducted by a show of hands. The Commission may, as permitted by the City's Code of Ordinances and these Rules of Procedure, vote to table an agenda item at the request of the applicant or party making the request, or if there is insufficient information to render a decision, or if the applicant or their representative fails to appear at the meeting. 6.9 Recording Of Proceedings It shall be the duty of the Secretary to keep an accurate record of all proceedings of the Commission. The Secretary shall sign all minutes, resolutions, and other official documents approved by the Commission. The minutes shall be mailed to all Commission members at least seven (7) days prior to the next regular meeting. 6.10 Administrative Procedures A. Files and Records. The proceedings of all Commission meetings shall be.recorded and permanently stored in the appropriate City file(s). In addition, all maps, charts, photographs, documentation, reports, correspondence and inter -department referrals shall be maintained on a case basis, filed numerically. B. Application Forms. The City shall create and maintain forms for all application types that are subject to review by the Commission. No application shall be accepted unless it is on the correct City form. C. Collection of Fees. Each application that requires a fee shall be accompanied by payment made payable to the City of Cape Girardeau. Acceptance of a fee by the City does not presume approval of an application. The amount of the fees charged shall be established by the City's fee schedule, as amended. 6 6.11 Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT Other Information Irrespective of and in addition to any other rules herein, the following shall apply: A. All meetings of the Commission shall abide by Resolution No. 301, A Resolution Establishing a Policy for Missouri Open Meetings and Records Law, adopted by the Council on January 4, 1988. B. The agenda of any Commission meeting shall be posted at least twenty-four (24) hours in advance of the meeting on a bulletin board designated for public notices. C. The minutes of any Commission meeting shall state the names of the Commission members present at the meeting and any actions taken by the Commission. VII. PROCEDURES FOR REVIEW OF APPLICATIONS AND OTHER REQUESTS 7.1 Procedure for Rezoning and Special Use Permit Applications Applications for rezonings and special use permits shall be submitted to the Planning Services Division no later than four (4) weeks prior to the meeting for which the application is to be considered. The Planning Services Division shall check the application for completeness. If the application is found to be incomplete, then the applicant shall be contacted and given two (2) businesses days to complete the application. If the application is not complete after the two (2) business days, then it shall not be assigned to the Commission's meeting agenda, and the applicant shall have until the next application deadline to complete the application. If the application is not complete by the next application deadline, then the application shall be returned to the applicant. If a complete application is received, then the Commission shall hold a public hearing on the request. Notice of the hearing shall be mailed to the applicant and all owners of property adjacent to the property for which the application has been made, at least seven (7) days prior to the date of the hearing. Notice of the hearing shall also be posted in a conspicuous location on the property. The notice shall state the date, time, and location of the hearing, and the request being made. As part of the public hearing process, the Commission may conduct, or direct the Planning Services Division to conduct, exterior inspections of the property, provided that: (1) at least forty-eight (48) hours' notice of such inspection is given to the property owner and the applicant; (2) the property owner and the applicant or their representative are given an opportunity to be present during the inspection; (3) the material facts observed and the conclusions drawn by the Commission are made part of the record; and (4) appropriate notice is given to the City. The order of the public hearing shall be as follows: A. Communication with Commission members on agenda item. B. Presentation by applicant or their representative. C. Persons in favor. D. Persons in opposition. 7 7.2 Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT E. City staff comments. F. Rebuttal by applicant or their representative. Each person addressing the Commission shall approach the podium, state their name and address for the record and, unless further time is granted by the Commission, shall limit their comments to five (5) minutes. All comments shall be addressed to the Commission. No person, other than the Commission and the person having the floor, shall be permitted to enter into any discussion, directly or through a member of the Commission, without the permission of the Chairman. If the applicant or their representative fails to appear at the hearing, then the Commission may table the hearing to the next regular meeting. If the applicant or their representative fails to appear at the time the hearing is resumed, then the Commission shall proceed with the hearing and vote to recommend approval or disapproval. For special use permit applications, the Commission may include conditions as part of a recommendation of approval. If the Commission recommends approval or approval with conditions, then the Council shall hold a public hearing with notice as set forth in Section 30-206 of the Zoning Ordinance. In addition, a notice of the hearing shall be posted in a conspicuous location on the property. The notice shall state the date, time, and location of the hearing, and the request being made. If the Commission recommends disapproval, then the application shall be forwarded to the Council at its next meeting. The Council may disapprove and file the application, or set a public hearing. If the application is filed, then a letter shall be sent to the applicant notifying them of the filing and their right to ask for a public hearing within ten (10) days. If the applicant fails to ask for a public hearing within the ten (10) day period, then the application shall be disapproved. Any special use permit granted by the Council shall be recorded in the office of the Recorder of Deeds of the county in which the property is located. A copy of the recorded special use permit shall be mailed to the applicant. Procedure for Exception Applications Applications for exceptions shall be submitted to the Planning Services Division no later than four (4) weeks prior to the meeting for which the application is to be considered. The Planning Services Division shall check the application for completeness. If the application is found to be incomplete, then the applicant shall be contacted and given two (2) businesses days to complete the application. If the application is not complete after the two (2) business days, then it shall not be assigned to the Commission's meeting agenda, and the applicant shall have until the next application deadline to complete the application. If the application is not complete by the next application deadline, then the application shall be returned to the applicant. If a complete application is received, then the Commission shall hold a public hearing on the request. Notice of the hearing shall be mailed to the applicant and all owners of property adjacent to the property for which the application has been made, at least seven (7) days prior to the date of the hearing. Notice of the hearing shall also be posted in a conspicuous location .91 Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT on the property. The notice shall state the date, time, and location of the hearing, and the request being made. As part of the public hearing process, the Commission may conduct, or direct the Planning Services Division to conduct, exterior inspections of the property, provided that: (1) at least forty-eight (48) hours' notice of such inspection is given to the property owner and the applicant; (2) the property owner and the applicant or their representative are given an opportunity to be present during the inspection; (3) the material facts observed and the conclusions drawn by the Commission are made part of the record; and (4) appropriate notice is given to the City. The order of the public hearing shall be as follows: A. Communication with Commission members on agenda item. B. Presentation by applicant or their representative. C. Persons in favor. D. Persons in opposition. E. City staff comments. F. Rebuttal by applicant or their representative. Each person addressing the Commission shall approach the podium, state their name and address for the record and, unless further time is granted by the Commission, shall limit their comments to five (5) minutes. All comments shall be addressed to the Commission. No person, other than the Commission and the person having the floor, shall be permitted to enter into any discussion, directly or through a member of the Commission, without the permission of the Chairman. If the applicant or their representative fails to appear at the hearing, then the Commission may table the hearing to the next regular meeting. If the applicant or their representative fails to appear at the time the hearing is resumed, then the Commission shall proceed with the hearing and vote to approve or disapprove the application. The Commission may include conditions as part of any approval. If the Commission approves the application, then an exception certificate shall be prepared and mailed to the applicant. The certificate shall state any conditions included as part of the approval. The certificate shall be valid for a period no greater than one hundred eighty (18 0) days from the date of approval, unless within such period the required permits are obtained and the work is commenced and pursued diligently toward completion. The Commission may grant extensions not exceeding one hundred eighty (180) days each, upon written request by the applicant, without notice or public hearing. 7.3 Procedure for Subdivision Plat Applications Applications for subdivision plats (preliminary or record) shall be submitted to the Planning Services Division no later than four (4) weeks prior to the meeting for which the application is to be considered. The Planning Services Division shall check the application for completeness. If the application is found to be incomplete, then the applicant shall be contacted and given two (2) businesses days to complete the application. If the application is not complete after the two (2) business days, then it shall not be assigned to the Commission's meeting agenda, and the applicant shall have until the next application C'' VIII. Cape Girardeau Planning and Zoning Commission Rules of Procedure DRAFT deadline to complete the application. If the application is not complete by the next application deadline, then the application shall be returned to the applicant. As part of the plat review process, the Commission may conduct, or direct the Planning Services Division to conduct, exterior inspections of the property, provided that: (1) at least forty-eight (48) hours' notice of such inspection is given to the property owner and the applicant; (2) the property owner and the applicant or their representative are given an opportunity to be present during the inspection; (3) the material facts observed and the conclusions drawn by the Commission are made part of the record; and (4) appropriate notice is given to the City. Upon presentation by the applicant, their representative, or the City staff, the Commission shall vote to recommend approval or disapproval of the application. The Commission may include conditions as part of a recommendation of approval. If the Commission recommends approval or approval with conditions, then the plat shall be assigned to the next Council meeting agenda unless there are outstanding conditions or public improvements, in which case the plat shall be held until they are no longer outstanding. If the Commission recommends disapproval, then the plat shall be assigned to the next Council meeting agenda. Any preliminary plat approved by the Council shall be signed and sealed by the City Clerk and placed in the appropriate file(s). Any record plat approved by the Council shall be signed and sealed by the City Clerk and recorded in the office of the Recorder of Deeds of the county in which the subdivision is located. Upon recording, the plat shall be placed in the appropriate file(s). At least one (1) copy of the preliminary or record plat shall be returned to the applicant for their records. 7.4 Procedure for Other Types of Requests Requests not involving a rezoning, special use permit, exception, or subdivision plat shall be communicated to the Planning Services Division, which shall determine the information needed to place the request on the Commission's meeting agenda and the lead time for submitting such information. In reviewing requests, the Commission shall be guided by the principals set forth in the City's Code of Ordinances, comprehensive plan, and other policies applicable to the Commission. All requests shall be handled with as much dispatch as possible, with all interested parties being notified of the matter under consideration in order that they may express their views. AMENDMENTS TO RULES OF PROCEDURE 8.1 Amendments to these Rules of Procedure may be introduced at any meeting of the Commission and voted on at any subsequent meeting, provided that notice of the consideration of any such amendment is provided to the Commission members in accordance with sections 6.1 and 6.2 herein. 10 Adopted: Cape Girardeau Planning and Zoning Commission Rules of Procedure November 9, 1988 Revision Dates: March 11, 1992 (Sections 3.1, 4.1, 4.3, 4.7, 4.9) February 10, 1994 (Section 3.2) May 11, 1995 (Section 6.2) April 10, 1996 (Sections 4.2, 4.3, 6.2) August 12, 1998 (Sections 1.3, 4.5) April 11, 2001 (Section 4.4) October 9, 2002 (Section 4.9) March 9, 2005 (Sections III, 4.4, 4.9, 4.12) March 23, 2008 (Section IV, 4.2, 4.3) December 14, 2011 (Section 3.2, VI) February 13, 2013 (Section III, 4.10) ???, 2021 11 DRAFT