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HomeMy WebLinkAboutPlanning and Zoning Commission Minutes 07-11-2018 CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION � PLANNING & ZONING COMMISSION MEETING MINUTES July 11, 2018 City Hall —Council Chambers Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, Patrick Koetting, Scott McClanahan, Bruce Skinner, Doug Spooler, Thomas J. Welch Absent: Kevin Greaser Staff Present: Carol Peters, Ryan Shrimplin Call to Order Chairman Glenn called the meeting to order at 7:00 p.m. Apqroval of Minutes The minutes of the June 13, 2018 meeting were unanimously approved upon motion made by Mr. Koetting and seconded by Mr. Bertrand. � Chairman Glenn asked the Commission to consider changing the order of the agenda by moving the Advisory Board Training on Missouri Sunshine Law and Conflicts of Interest to the end of the agenda in consideration of those in attendance for the other business items. A motion was made by Mr. Bertrand and seconded by Mr. Koetting to amend the agenda by moving the Advisory Board Training to the end of the agenda. The motion passed by a unanimous vote. Appearances Reqardinq Items Not on the Aqenda Mr. Jeff Maurer, Managing Member of Regents Parc, LLC, appeared before the Commission to discuss the Commission's approval of the exception request for a reduced bufferyard width and to forego plantings as part of the Regents Parc parking lot expansion project at 1629 Kingsway Drive. At its June 13, 2018 meeting, the Commission approved the request subject to the condition that a railing, meeting the design specifications in the City's building code, be installed on top of, and along the entire length of, the retaining wall. Mr. Maurer stated he would like to install a four (4) foot high chain link fence to match the other fences in the Regents Parc development. He expressed concern about placing the fence directly on top of the retaining wall because it may not be secure enough to withstand a falling child. He stated that he preferred to place the fence just behind the wall or at the top of the slope near the property line. Mr. McClanahan asked if there would be adequate space for utility maintenance work if the fence was not placed directly on top of the wall. Mr. Maurer explained that the exception was requested because there is a fifteen (15) foot wide utility easement between the wall and the property line. Although not ideal, placing the fence just behind the wall or near the property line should not create any conflicts. Chairman Glenn noted that if the fence were to be placed near � the property line, it would not provide protection from falling off the top of the wall. Mr. Maurer explained that the wall is constructed with tiebacks, which could be damaged if the fence is installed too close. A motion was made by Mr. Koetting and seconded by Mr. Dowdy to allow a four (4) foot high chain link fence matching the other fences in the Regents Parc development, City of Cape Girardeau Planning &Zoning Commission Meeting Minutes July 11, 2018 Page 2 of 4 � to be placed just behind the wall or near the property line. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McC/anahan, Skinner, Spoo/er, Welch) REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the request of One City for an exception from Development Code Section 25-506(a), wall signs, at 610 Independence Street. Mr. Jeremy Ferguson, applicant, explained that One City would like to paint a logo sign on the west building elevation, which faces the parking lot and 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 code requirement, the subject building is permitted wall signage on two (2) elevations that have street frontage (south and east). In order to display wall signage on the west elevation, the applicant is proposing to transfer a portion of the permitted wall sign area from the south and east elevations. 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. 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, subject to 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 Glenn opened the public hearing and seeing no appearances to speak, he closed the public hearing. In response to a question from Chairman Glenn, Mr. Ferguson stated that he is aware of the condition listed in the staff report, and he has no issues with it. A motion was made by Mr. Koetting and seconded by Mr. Spooler to approve the request of One City for an exception from Development Code Section 25-506(a), wall signs, at 610 Independence Street, subject to the condition listed in the staff report. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, G/enn, Koetting, McC/anahan, Skinner, Spooler, Welch) 2. A public hearing on the request of Drury Development Corporation for an exception from Development Code Section 25-202, parking spaces and aisle design, at 118 Siemers Drive � was on the agenda. Mr. Shrimplin informed the Commission that the application was withdrawn after the agenda had been sent out. City of Cape Girardeau Planning &Zoning Commission Meeting Minutes � July 11, 2018 Page 3 of 4 SUBDIVISION PLATS 3. The record plat of The Estates at Hopper Crossing was reviewed by the Commission. Mr. Mike Peters, Managing Member of SEMO Development, LLC, the developer, explained that the plat consists of two (2) tracts being divided into four (4) lots. A staff report was submitted to the Commission, which recommended approval of the record plat as submitted. A motion was made by Mr. Koetting and seconded by Mr. Spooler to recommend approvaf of The Estates at Hopper Crossing record plat. The motion passed with a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, G/enn, Koetting, McC/anahan, Skinner, Spoole% Welch) OTHER ITEMS AND COMMUNICATION Advisorv Board Traininq on Missouri Sunshine Law and Conflicts of Interest Mr. Eric Cunningham, City Attorney, gave a presentation on 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 for 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 also 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 on these topics. Commission Communication Mr. McClanahan commented that he did not recall ever having someone appear before the Commission regarding an item not on the agenda which led to the Commission taking formal action. Staff Communication Mr. Shrimplin thanked the Commission members for their service. He explained that Mr. Scott Meyer, City Manager, usually appears at the advisory board training sessions to thank the members, but he was unable to do so tonight. Mr. Shrimplin also encouraged the Commission members to contact him or Mr. Cunningham if they are unsure whether or not an action being contemplated would violate a state or local law. Mr. Shrimplin gave an update on the Cape Vision 2040 Comprehensive Plan process. He � explained that the first draft has been reviewed, and comments have been submitted to the consultant. A partial review was done on the future land use map, but due to the volume of corrections, the consultant was asked to revise the map and resubmit before continuing the City of Cape Girardeau Planning &Zoning Commission Meeting Minutes July 11, 2018 Page 4 of 4 � review. The revised map was received, and staff is now reviewing the sections that had not been previously reviewed. Chairman Glenn requested that staff inform the Commission of City Council actions taken on items from the Commission's previous agenda. After discussion, it was agreed that staff would provide updates on rezoning and special use permit requests but not necessarily subdivision plats because the latter are often held from Council review until the public improvements are completed, which can take up to a year or more. Mr. McClanahan mentioned that the Commission used to receive an update on the status of Transportation Trust Fund (TTF) projects at each meeting. Mr. Shrimplin will discuss the request with Ms. Casey Brunke, City Engineer. Adiournment Upon motion made by Mr. Koetting and seconded by Mr. McClanahan, the Commission voted unanimously to adjourn the meeting at 8:00 p.m. Respectfully submitted, � �� Jeff Glenn ;� Chairman �