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Home My WebLink AboutPlanning & Zoning Commission Minutes 07-10-2019 CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION � PLANNING & ZONING COMMISSION MEETING MINUTES July 10, 2019 City Hall — Council Chambers Present: Larry Dowdy, Jeff Glenn, Kevin Greaser, Derek Jackson, Patrick Koetting, Bruce Skinner, Doug Spooler, Ed Thompson, Thomas J. Welch Absent: None Staff Present: Scott Meyer, Carol Peters, Ryan Shrimplin Call to Order Chairman Glenn called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the June 12, 2019 meeting were unanimously approved upon motion made by Mr. Koetting and seconded by Mr. Spooler. � Capital Improvement Sales Tax Presentation Scott Meyer, City Manager, gave a presentation on the Capita� Improvement Sales Tax. He explained that the tax was originally approved in November 1996 and consisted of two parts. The first part, a %4-cent sales tax, was used to upgrade the City's water system, including renovating the water treatment plant and switching from Mississippi River water to well water. The tax was renewed by voters in 2011 and will expire in 2037. The tax renewal funded the new wastewater treatment facility. The second part, also a %4-cent sales tax, was used to eliminate combined (sanitary and storm) sewer pipes and make other improvements, which are now complete. The tax will expire this year unless voters approve a renewal, which is on the August 6, 2019 ballot. If approved, the tax will expire in 2034, and will be used for converting the Common Pleas Courthouse to a new City Hall, improvements at the Cape Girardeau Regional Airport, water system improvements and maintenance, and street repairs (as a supplement to the Transportation Trust Fund). He reiterated that the ballot issue is for a renewal of an existing tax rather than a new tax. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of the Clippard Family Trust for an exception from Development Code Section 25-604(a), fence height and surface requirements, at 1546 North Main Street. Johnathon Porzelt, Bootheel Fence Company, represented the applicant and was available for questions. � A staff report was submitted to the Commission, which contained the following findings of fact: City of Cape Girardeau Planning &Zoning Commission Meeting Minutes July 10, 2019 Page 2 of 5 � Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalenY' means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Findinq: The applicant would like to replace the existing 4 foot high chain link fence along the south property line with the proposed 6 foot high aluminum picket fence. The purpose of the height and surface regulations in the Development Code is to prevent tall, solid fences along streets in residential areas for aesthetic and safety purposes. The decorative nature and the high open surface ratio of the fence qualify as a substantial equivalent. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findinq: 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. Chairman Glenn opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Koetting and seconded by Mr. Greaser to approve the exception request. The motion passed with a roll call vote of 9 in favor, 0 in � opposition, and 0 abstaining. (Aye: Dowdy, G/enn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, Welch) 2. A public hearing was held on the request of Coast to Coast Signs for an exception from Development Code Section 25-506Q)(1), on-premises directional signs, at 150 South Mount Auburn Road. Ryan Shelton, representing Coast to Coast Signs, was in attendance and available for questions. A staff report was submitted to the Commission, which contained 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. Findina: There is an existing 120 square foot freestanding sign located near the proposed directional sign. Per the Development Code, the existing freestanding sign is allowed up to 150 square feet in sign area. The applicant is proposing to transfer 4.5 square feet of the unused freestanding sign area to the proposed directional sign. This qualifies as a "substantial equivalent" because the applicant is staying with the total allowable sign area (including all sign types) for the subject property. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findinq: The "substantial equivalenY' proposed by the applicant ensures fairness �„rr� among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Staff noted City of Cape Girardeau Planning &Zoning Commission Meeting Minutes July 10, 2019 � Page 3 of 5 that the location of the proposed directional sign will need to be shifted further back from the right-of-way to avoid obstructing sight distance. Based on the above findings, staff recommended approval of the exception request, with the following conditions: 1. The maximum sign area applicable to the existing freestanding sign (per the City's sign regulations) shall be reduced by 4.5 square feet. 2. The final location of the proposed directional sign shall be subject to approval by the City staff. Mr. Skinner asked Mr. Shelton if he was aware of the recommended conditions of approval in the staff report. Mr. Shelton stated that he was not aware of the conditions. Mr. Shrimplin verbally read the conditions. Mr. Shelton then stated that he had no concerns with the conditions. Chairman Glenn opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Skinner and seconded by Mr. Koetting to approve the exception request, subject to the conditions in the staff report. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Dowdy, Glenn, Greaser, Jackson, Koetting, Skinner, Spoo/er, Thompson, Welch) � 3. A public hearing was held on the request of Piros Signs, Inc. for an exception from Development Code Section 25-506(b), freestanding signs, at 156 Vantage Drive. Mr. Greaser abstained from the discussion and vote for business reasons. Joe Phillips, representing Piros Signs, Inc., was in attendance and available for questions. He stated that his client, Bandana's Bar-B-Q, is proposing to transfer allowable wall sign area to the freestanding sign along Vantage Drive in order to exceed the maximum freestanding sign area per the Code. A staff report was submitted to the Commission, which contained 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. Findinq: The applicant is proposing two freestanding signs on the subject property (one along Vantage Drive and another along Farrar Drive). The area of the proposed freestanding sign along Vantage Drive exceeds the maximum area per the Development Code. In order to increase the maximum area to the proposed 251.88 square feet, the applicant is proposing to transfer 101.88 square feet of unused wall sign area to the freestanding sign. This qualifies as a "substantial equivalent" because the applicant is staying within the total sign area (freestanding + wall) allowed for the subject property. � 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 10, 2019 Page 4 of 5 � Findinq: The "substantial equivalenY' 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 maximum wall sign area for the subject property (per the City's sign regulations) shall be reduced by 101.88 square feet. Chairman Glenn opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Koetting and seconded by Mr. Dowdy to approve the exception request, subject to the condition in the staff report. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 1 abstaining. (Aye: Dowdy, G/enn, Jackson, Koetting, Skinner, Spoo/er, Thompson, Welch;Abstain: Greaser) SUBDIVISION PLATS 4. The record plat of Sabella's First Subdivision was reviewed by the Commission. The plat combines three (3) tracts to form one (1) new lot. A staff report was submitted to the Commission, which recommended approval of the record plat. A motion was made by Mr. Koetting and seconded by Mr. Spooler to recommend approval of the record plat. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: � Dowdy, G/enn, Greaser, Jackson, Koetting, Skinner, Spooler, Thompson, We/ch) OTHER ITEMS AND COMMUNICATION Commission Communication There were no communication items from the Commission. 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 June 17, 2019: � 151 South Spanish Street Rezoning —2"d & 3`d readings • Ahrens First Subdivision Record Plat— 1 St reading • Midamerica Crossings Second Subdivision Record Plat— 1 St reading • Teresa Connell Subdivision Record Plat— 1St reading • Randolph Subdivision Record Plat— 1St reading • Chapter 25 Amendment Regarding Bicycle and Motorcycle Parking — 1 St reading The City Council approved the following on Juty 1, 2019: � • Ahrens First Subdivision Record Plat—2"d & 3�d readings • Midamerica Crossings Second Subdivision Record Plat—2"d & 3�d readings City of Cape Girardeau Planning &Zoning Commission Meeting Minutes A July 10, 2019 � 7 Page 5 of 5 • Teresa Connell Subdivision Record Plat—2"d & 3`d readings • Randolph Subdivision Record Plat—2"d & 3�d readings • Chapter 25 Amendment Regarding Bicycle and Motorcycle Parking — 2"d & 3�d readings • 4195 & 4196 Stone Crest and 4150 Thousand Oaks Lane Annexation, Zoning, and Ward Boundary Extension — 1St reading • 3567/3569 & 3575/3577 Baldwin Drive Rezoning — 1 St reading • Chapter 30 Amendment Regarding Medical Marijuana Facilities and Personal Cultivation of Medical Marijuana— 1 St reading 2. Update on Transportation Trust Fund (TTF) Projects • Downtown Sidewalk Replacement—A change order was issued to the contract for this project to add work to replace the veneer on the Bloomfield Road retaining walls. The new veneer will be manufactured by the same company that manufactured the original veneer. Work will begin soon. • 2019 LED Streetlight Conversion — The contract was awarded to KT Power Systems. Construction is ongoing. • Sprigg Street Project—Staff is negotiating with the consultant. • Main Street from Roberts Street to Cape Rock Drive— BFA is continuing to work on the conceptual design. The field survey is completed. � • West End Boulevard from Rose Street to Bertling Street—The consultant is working on the final plans. Construction will begin later this year. • 2019 Concrete Street Repair—The contract was awarded to Nip Kelley Equipment Company. • 2019 Sidewalk Gap — The contract was awarded to Lappe Concrete. A preconstruction meeting is scheduled for July 12. • 2019 Asphalt Overlay—Construction is ongoing. Mr. Shrimplin reported that the next TTF6 Committee meeting is scheduled for Monday, July 15, 2019 at 7:00 a.m. Adiournment There being no further business, the Commission voted unanimously to adjourn the meeting at 7:25 p.m. upon a motion made by Mr. Koetting and seconded by Mr. Greaser. Respec ull ubm' ed, Kevin Greaser Secretary �